-
Notifications
You must be signed in to change notification settings - Fork 3
/
LICENSE
252 lines (145 loc) · 13.6 KB
/
LICENSE
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
64
65
66
67
68
69
70
71
72
73
74
75
76
77
78
79
80
81
82
83
84
85
86
87
88
89
90
91
92
93
94
95
96
97
98
99
100
101
102
103
104
105
106
107
108
109
110
111
112
113
114
115
116
117
118
119
120
121
122
123
124
125
126
127
128
129
130
131
132
133
134
135
136
137
138
139
140
141
142
143
144
145
146
147
148
149
150
151
152
153
154
155
156
157
158
159
160
161
162
163
164
165
166
167
168
169
170
171
172
173
174
175
176
177
178
179
180
181
182
183
184
185
186
187
188
189
190
191
192
193
194
195
196
197
198
199
200
201
202
203
204
205
206
207
208
209
210
211
212
213
214
215
216
217
218
219
220
221
222
223
224
225
226
227
228
229
230
231
232
233
234
235
236
237
238
239
240
241
242
243
244
245
246
247
248
249
WORLDPAY DEVELOPER TERMS OF USE
===============================
Worldpay includes within its group, Worldpay (UK) Limited, Worldpay Limited and Worldpay AP Ltd. The reference to "Worldpay"
(or "we" or "us") includes these companies and all their group affiliates.
"You" or "you" in this policy means a person who is accessing, using or applying to use the SDKs (as defined below) either on
his or her own account or on behalf of a business, including in relation to a customer or prospective customer of Worldpay,
any sole trader and any principals, including the managing and financial directors, any other directors and officers, partners
and beneficial owners of a customer as well as any member of staff accessing or using the SDKs on behalf of a legal entity.
These Worldpay Developer Terms of Use (the "Terms of Use") apply to the access and use by you of the software developer kits,
including any application programming interfaces ("APIs"), documentation, source code and code libraries which are used by Worldpay
in, or for the purposes of developing, them (all together, the "SDKs") currently available at the following websites or repositories:
* Worldpay.com
* GitHub
* Maven Central
other than the source code and code libraries which are subject to open-source licenses (the "Open Source Materials"), to which
such licenses shall apply as per Appendix A to these Terms of Use.
By accessing and using the SDKs, you agree to these Terms of Use.
Please note that these Terms of Use are in addition to the terms and conditions relating to your business use of acquiring, other
payment services and related technical services provided by Worldpay (the "Worldpay Services") that you subscribe to (the "Merchant
Services Agreement"). In order to use the SDKs, You need to be customer of Worldpay who has entered into Merchant Services Agreement.
If you are a customer, in the event of a conflict between these Terms of Use and a Merchant Services Agreement, the Merchant Services
Agreement shall prevail.
Please also carefully read the Worldpay Privacy Policy, to be found at http://www.worldpay.com/uk/privacy-policy . The Worldpay
Privacy Policy governs how Worldpay may use certain information we obtain from and about you in conjunction with your activities
related to the SDKs.
1. Integrated Applications
--------------------------
Subject to the limitations, terms and conditions set forth in these Terms of Use, Worldpay hereby grants you a limited license to
use the SDKs solely to:
i. develop, copy or distribute an applet, application, library, software or other materials (all or any of the foregoing are
"Integrated Applications") which integrate with either the Worldpay payment platform or the Worldpay payment gateway (the "Worldpay Systems"); and
ii. create Integrated Applications for use in integrating with the Worldpay Systems. Integrated Applications must comply with relevant
Worldpay policies and requirements as displayed on the Worldpay websites or as communicated by Worldpay to you from time to time.
2. Prohibited Actions
---------------------
You must not, and must not attempt to:
i. use, display, mirror or frame (including in meta-tags or hidden text) Worldpay websites, or any individual element of Worldpay
websites, Worldpay Systems, or any individual element of Worldpay Systems, Worldpay's name, trade marks, logos or other proprietary
information, or the layout and design of any page or form contained on a page, without Worldpay's express written consent other than
to identify the source of the Worldpay services provided under the Merchant Services Agreement; or
ii. use the SDKs to develop or to provide any payment processing service, payment gateway, or similar service or system to the
Worldpay Systems or the Worldpay services. Using the SDKs to allow a customer of Worldpay to process payments through Worldpay
is acceptable subject always to a valid Merchant Services Agreement being in place between such customer and Worldpay. In particular,
the SDKs shall not be used to develop your own payment gateway which may copy, imitate or is similar to any portions of the Worldpay
Service, is expressly forbidden.
Other than as expressly permitted under these Terms of Use, you may not reproduce, and shall not cause, assist or permit any third party
to disassemble, decompile, decrypt, extract, reverse engineer, distribute, or time or bureau-share the SDKs or the Worldpay Systems, or
otherwise apply any procedure or process to the SDKs and the Worldpay Systems in order to ascertain, derive, and/or appropriate for any
reason or purpose, the source code or source listings for the SDKs or the Worldpay Systems or any algorithm, process, procedure or other
information contained in the SDKs or in the Worldpay Systems.
You may not rent, lease, assign, sublicense, transfer, modify, alter, or time share the SDKs or the Worldpay Systems.
You shall not gain or attempt to gain unauthorized access to any portion of the Worldpay Systems, or its related systems or networks
for use in any manner for which you are not expressly licensed or facilitate any such unauthorized access for or by any third party.
In addition, you may not interfere or disrupt THE Worldpay Services or the Worldpay Systems, disobey any related network access or
security requirements, policies procedures or regulations of Worldpay (including the enabling of any viruses, Trojan horses, trap doors,
back doors, worms, time bombs, cancelbots, adware, spyware or other computer programming routines) designed or intended to damage,
interfere with or devalue the Worldpay Services and the Worldpay Systems.
3. End User Data
----------------
If you collect any personal information or data via your Integrated Applications, you must ensure that it is collected, processed,
transmitted, maintained and used in compliance with all applicable laws and a privacy policy that you post in conjunction with,
and make available to users of, the Integrated Applications. You must comply with the terms and conditions of your privacy policy
and employ all necessary measures to protect such data and information.
4. Our Products and Your Feedback
---------------------------------
Other than as expressly provided under these Terms of Use, these Terms of Use, and your access to and use of the SDKs, do not grant
you any rights in any of the SDKs Worldpay Systems, or any other intellectual property rights of Worldpay, including, without
limitation the right to practice any patent. Although you may develop Integrated Applications using only the rights granted under
these Terms of Use, you, or the party desiring to operate the Integrated Application in conjunction with the Worldpay Service, will
be required to enter into a Merchant Services Agreement. Access to and use of the SDKs pursuant to this Agreement does not grant or
imply any right to access and use the Worldpay Services or any of its associated intellectual property rights. In addition as between
Worldpay and you, Worldpay retains exclusive ownership of any and all right, title and interest (including all intellectual property
rights) in the SDKs, the Worldpay Services and the Worldpay Systems.
If you provide us with feedback or other materials related to the SDKs, the Worldpay Systems or to the Worldpay Services, please be
aware that we may, at our discretion, on a perpetual basis and for any purpose, use, modify, incorporate into the SDKS, THE Worldpay
Systems and the Worldpay Services and/or into any related license and sublicense, any feedback, comments, or suggestions you send us
or post in our forums, without any obligation to you.
5. Other Platforms and Users
----------------------------
You are fully responsible for any dealings with (a) the platforms and operating systems on which your Integrated Applications are
distributed and used; and (b) the users of your Integrated Applications. Other than the support we agree to provide for Worldpay
Services under the relevant Merchant Services Agreement, we have no obligation to provide support to users for your Integrated
Applications. Unless you have written permission to do so from Worldpay, you must not state or imply any endorsement by Worldpay
of your Integrated Applications, or other products or services.
You shall not make any representations about your Integrated Applications, the Worldpay Services, the Worldpay Systems or Worldpay's
products or services that are in any way false or misleading.
6. Compliance with Legal Requirements
-------------------------------------
You represent and warrant that you (and your Integrated Applications) will comply with all applicable laws and regulations in respect
of your exercise of your rights and obligation under these Terms of Use and in any of your dealings with respect to the SDKs and the
Worldpay Systems.
You will not to distribute, export, re-export, or facilitate in any way the export or re-export of the SDKs (and/or any associated
intellectual property rights) in violation of any such restrictions, laws, or regulations.
7. Representations and Warranties
---------------------------------
You represent and warrant that you have the full right, power and authority to make, distribute, operate, support, and promote your
Integrated Applications and to enter into these Terms and Conditions; and that your Integrated Applications and their contemplated
uses will not infringe the intellectual property rights or other rights of third parties.
8. Disclaimer
-------------
THE SDKS, THE APIS, AND ALL WORLDPAY SOFTWARE ARE PROVIDED "AS IS", AT YOUR OWN RISK, WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION
OF ANY KIND. WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. IN NO EVENT SHALL
WE BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN
CONNECTION WITH THE SDKS, THE APIS OR ANY WORLDPAY SOFTWARE OR THE USE OF, OR OTHER DEALINGS IN, THE SAME.
9. Indemnity
------------
You will indemnify, defend and hold us, our affiliates, agents, and licensors harmless from any losses, whether direct or indirect,
costs or claims of any kind whatsoever (including reasonable attorneys' fees) relating to: (a) any allegation that your Integrated
Applications or the use of them infringes the intellectual property rights of any third party; (b) your breach of this Agreement or
any act or omission by you in connection with your use of the SDKs; (c) your Integrated Applications; and/or (d) your collection or
use of users' information and data. We will be entitled, at our expense, to participate in the defence and settlement of the claim or
action with counsel of our own choosing. You may not settle any claims that limit our rights without our prior written consent (which
will not be unreasonably withheld).
10. Limitation of Liability
---------------------------
IN NO EVENT WILL WORLDPAY, ITS AFFILIATES, AGENTS OR LICENSORS BE LIABLE FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY
OR CONSEQUENTIAL DAMAGES, OR (B) ANY LOSS OF PROFITS, LOSS OF BARGAIN, LOSS OF GODWILL (OR OTHER DAMAGES TO REPUTATION), LOSS OF
OPPORTUNITY, BUSINESS INTERRUPTION OR LOST DATA, WHETHER DIRECT OR INDIRECT, AND REGARDLESS OF LEGAL THEORY, WHETHER OR NOT WORLDPAY
HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
THE AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO OUR SERVICES MORE THAN THE GREATER OF GBP ONE HUNDRED (£100).
11. Modification
----------------
We may revise these Terms of Use from time to time and the most current version will always be posted on our website at
https://support.worldpay.com . By continuing to access or use the SDKs after revisions become effective, you agree to be
bound by the revised Terms of Use. If you do not agree to the new terms, please stop using the SDKs and cease all use, operation,
support, promotion, and distribution of all of your Integrated Applications.
12. General
-----------
THE PARTIES AGREE THAT THIS AGREEMENT SHALL BE CONSTRUED AND ENFORCED IN ACCORDANCE WITH THE LAWS OF ENGLAND AND WALES, AND
SUBMIT TO THE EXCLUSIVE JURISDICTION OF THE ENGLISH COURTS.
These Terms of Use constitute the entire agreement between you and Worldpay with respect to the SDKs, and supersede and
replace any other agreements, terms and conditions applicable to the SDKs. In choosing to agree to these Terms of Use, you do
not rely on any statement or promise from us which is not set forth in these Terms of Use. These Terms of Use create no third
party beneficiary rights. Our failure to enforce a provision is not a waiver of our right to do so later. If a provision is found
unenforceable the remaining provisions of these Terms of Use will remain in full effect and an enforceable term will be
substituted reflecting our intent as closely as possible. You may not assign any of your rights in these Terms of Use, and any
such attempt is void, but Worldpay may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest
of any business associated with the Worldpay Services and/or the Worldpay Systems. Worldpay and you are not legal partners or agents.
APPENDIX A – OPEN SOURCE MATERIALS
==================================
1. GSON MATERIAL
The Apache License, as included in the file GSON_license.txt , applies to the distribution of the GSON Open Source Materials.
2. BOUNCY CASTLE MATERIAL
A dedicated license, as included in the file BouncyCastle_license.txt , applies to the distribution of the Bouncy Castle
Open Source Materials.