Plain Old Non-Legalese Non-Fancy-Shmancy English Version of License to the GeoAPI brought to you by Mixer Labs, Inc.

We are launching this alpha GeoAPI for use by the broader developer community. We decided to open this API because we built it for our own purposes to run TownMe and kept getting requests from friends who were interested in using the data to do cool/interesting/crazy things.

There is some really exciting stuff happening right now in location based services and we want the community to benefit from the hard work we put into building our own geo-infrastructure. We currently do not charge for the GeoAPI, run ads against it, or anything like that. We have put a lot of time and effort into building this API, licensing or otherwise acquiring the data, and running the service. As such we ask that you properly attribute GeoAPI as the data source/service that powers location on your app if you use the API.

Basically our GeoAPI license agreement says:

• You will only use the API according to the guidelines we provide for it
• You will not use the API to help promote spyware or other bad stuff like that.
• Use this API at your own risk! The API is still in alpha. We may also change the structure of this API at any time at our discretion. If we make changes we will update these pages so you know what is going on.
• The data in the API is our intellectual property or that of our partners who provided it to us. It is not yours and we are not granting you any broad license to use this data outside of the use of the API.
• We can change the terms of our API at anytime – it is up to you to come back here to make sure the terms haven’t changed on you.
• Make to properly attribute GeoAPI.com for use of this API. Display requirements can be found here

We are also launching a “writable” portion of the API. This API will let you write data for specific entities against the API. The terms for the writable portion also include:

• We believe in data portability – anything that you write against the API will be data we will let you extract easily (right now “easily” probably means you email us and we send you a CSV with your data – we still need to add a lot of features. :)
• In order to help us improve the API as well as augment the set of locations available to the developer community via the API, data you write against the API is by default also licensed to us non-exclusively.

The GeoAPI will initially be constrained to 20,000 queries per day. If you need more then this feel free to email us at "api at geoapi.com". You can see pricing information here http://geoapi.com/pricing.html Basically we want to ensure we can cover our serving and licensing costs.

If you have any questions about the GeoAPI pleacs contact "api at geoapi_dot com"

As an FYI "Mixer Labs, Inc." is the company we incorporated as when we were still in stealth mode, while GeoAPI.com is the site and brand for the GeoAPI.

Please be sure to read the full legal terms below, which you are bound by if you use the API.

MIXER LABS, INC. API LICENSE AGREEMENT

This document governs the terms under which you may access and use the application programming interface that is made available on this website (the "API"), and the data transmitted through the API (the "Company Content"). This document incorporates the terms of the following additional documents, including all future amendments or modifications thereto (collectively, and together with this document, the "API Agreement"):

• Display Requirements
• TownMe.com Terms of Service
• TownMe.com Privacy Policy

BY CHECKING “I AGREE” YOU AGREE TO USE THE API SOLELY IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THIS API AGREEMENT, AND YOU AGREE THAT YOU ARE BOUND BY AND ARE A PARTY TO THIS AGREEMENT. YOU WARRANT THAT YOU ARE AT LEAST EIGHTEEN YEARS OLD AND THAT YOU HAVE THE LEGAL CAPACITY TO ENTER INTO CONTRACTS. IF YOU ACCESS OR USE THE API OR COMPANY CONTENT ON BEHALF OF A COMPANY, PRINCIPAL OR OTHER ENTITY, YOU REPRESENT THAT YOU HAVE AUTHORITY TO BIND SUCH ENTITY AND ITS AFFILIATES TO THE API AGREEMENT AND THAT IT IS FULLY BINDING UPON THEM. IN SUCH CASE, THE TERM "YOU" WILL REFER TO SUCH ENTITY AND ITS AFFILIATES. IF YOU DO NOT HAVE AUTHORITY, OR IF YOU DO NOT AGREE WITH THE TERMS OF THE API AGREEMENT, YOU MAY NOT ACCESS OR USE THE API OR COMPANY CONTENT. YOU SHOULD READ AND KEEP A COPY OF EACH COMPONENT OF THE API AGREEMENT FOR YOUR RECORDS. IN THE EVENT OF A CONFLICT AMONG THEM, THE TERMS OF THIS DOCUMENT WILL CONTROL.

1. GRANT OF LICENSE –

A. Subject to your full compliance with all of the terms and conditions of this API Agreement, Mixer Labs, Inc. ("Company") grants you a non-exclusive, revocable, nonsublicensable, nontransferable license to (i) access and use the API to receive the Company Content; (ii) display the Company Content on your website or internet-connected application for mobile devices ("Your Site"); and (iii) reproduce and display the Company name and logo (the "Company Marks") solely in order to comply with the Display Requirements d. You may not install or use the API for any other purpose without Company's prior written consent. No rights or licenses are granted except as expressly and unambiguously set forth herein. This Agreement does not entitle you to any support for the API.

B. The API may permit you to write location data against the API (such data “Licensee Content”). Company does not claim ownership of your Licensee Content you submit or make available via the API. However, you grant Company a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, and fully sublicensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Licensee Content (in whole or in part) and to incorporate such Licensee Content into other works in any format or medium now known or later developed.

2. PROPRIETARY RIGHTS - As between Company and you, the API, Company Content, Company Marks and all intellectual property rights therein and thereto are and shall at all times remain the sole and exclusive property of Company and are protected by applicable intellectual property laws and treaties.

3. LICENSE RESTRICTIONS – You agree that you will not, and will not assist or enable others to:

a) cache, record, pre-fetch, or otherwise store any portion of the Company Content or attempt or provide a means to execute any "bulk download" operations;

b) modify the Company Content, or use it to update or create your own database of business listing information;

c) create or disclose metrics about, or perform any statistical analysis of, the API or Company Content;

d) use the API on behalf of any third party;

e) display Company Marks or Company Content in a manner that could reasonably imply an endorsement, relationship or affiliation with or sponsorship between you or a third party and Company, other than your permitted use of the API under the terms of the API Agreement;

f) copy, rent, lease, sell, transfer, assign, sublicense, dissemble, reverse engineer or decompile (except to the limited extent expressly authorized under applicable statutory law), modify or alter any part of the API;

g) use the API in a manner that impacts the stability of Company's servers or impacts the behavior of other applications using the API;

h) display the Company Content on any site that disparages Company or its products or services, or infringes any Company intellectual property or other rights;

i) attempt to cloak or conceal your identity or your application's identity when requesting authorization to use the Company API;

j) make requests against the API that are not user initiated;

k) use the API or Company Content in any manner or for any purpose that may violate any law or regulation, or any right of any person including, but not limited to, intellectual property rights, rights of privacy and/or rights of personality, or which otherwise may be harmful (in Company's sole discretion) to Company, its providers, its suppliers, end users of this website, or your end users;

l) use the API, Company Content or Company Marks in a manner that could reasonably be interpreted to suggest that Company is the author or entity that is responsible, in whole or in part, for the creation or development of any Company Content or that such Company Content represents the views of Company;

m) use the APIs in connection with or to promote any products, services, or materials that constitute, promote or are used primarily for the purpose of dealing in: spyware, adware, or other malicious programs or code, counterfeit goods, items subject to U.S. embargo, unsolicited mass distribution of email ("spam"), multi-level marketing proposals, hate materials, hacking/surveillance/interception/descrambling equipment, libelous, defamatory, obscene, pornographic, abusive or otherwise offensive content, prostitution, body parts and bodily fluids, stolen products and items used for theft, fireworks, explosives, and hazardous materials, government IDs, police items, gambling, professional services regulated by state licensing regimes, non-transferable items such as airline tickets or event tickets, weapons and accessories; or any subject matter prohibited by Agreement.

4. WARRANTY DISCLAIMER - THE API, COMPANY CONTENT, AND COMPANY MARKS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW, COMPANY AND ITS VENDORS EACH DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE API, COMPANY CONTENT, AND COMPANY MARKS, INCLUDING WITHOUT LIMITATION ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, RESULTS OF USE, RELIABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, INTERFERENCE WITH QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. FURTHER, COMPANY DISCLAIMS ANY WARRANTY THAT YOUR USE OF THE API AND COMPANY CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE.

5. CHANGES TO THIS AGREEMENT - Company reserves the right to modify or revise the API Agreement at any time. You should visit this website periodically to review the documents comprising the API Agreement and check for updates. Your continued use of the API after the effective date of any such changes will constitute your acceptance of and agreement to such changes. If YOU DO NOT WISH TO BE BOUND TO ANY NEW TERMS, YOU MUST TERMINATE THE API AGREEMENT BY IMMEDIATELY CEASING USE OF THE API.

6. LIABILITY LIMITATION - REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE OR OTHERWISE, TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL COMPANY OR ITS VENDORS BE LIABLE TO YOU OR TO ANY THIRD PARTY UNDER ANY TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DIRECT DAMAGES, LOST PROFITS, LOST OR CORRUPTED DATA, COMPUTER FAILURE OR MALFUNCTION, INTERRUPTION OF BUSINESS, OR OTHER SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF THE USE OR INABILITY TO USE THE API OR OTHERWISE UNDER THIS AGREEMENT, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES AND WHETHER OR NOT SUCH LOSS OR DAMAGES ARE FORESEEABLE. IN ANY CASE, TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY’S SOLE LIABILITY AND YOUR EXCLUSIVE REMEDY UNDER ANY PROVISION OF THIS AGREEMENT SHALL BE THE REPLACEMENT OF THE API. ANY CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT MUST BE BROUGHT WITHIN ONE (1) YEAR AFTER THE OCCURRENCE OF THE EVENT GIVING RISE TO SUCH CLAIM. IN ADDITION, COMPANY DISCLAIMS ALL LIABILITY OF ANY KIND OF COMPANY'S VENDORS.

7. INDEMNITY - You agree that Company shall have no liability whatsoever for any use you makes of the API, or Company Content, or Company Marks. You shall indemnify and hold harmless Company from any and all claims, damages, liabilities, costs and fees (including reasonable attorneys' fees) arising from your use of the API, Company Content and Company Marks.

8. TERM AND TERMINATION - This Agreement shall continue until terminated as set forth in this Section. Either party may terminate this Agreement by written notice at any time, for any reason, or for no reason including, but not limited to, if you violate any provision of this Agreement. Any termination of this Agreement shall also terminate the license granted hereunder. Upon termination of this Agreement for any reason, you shall destroy and remove from all computers, hard drives, networks, and other storage media all copies of the API, Company Content, and Company Marks, and shall so certify to Company that such actions have occurred. Company shall have the right to inspect and audit your facilities to confirm the foregoing. Sections 2-4 and 6-12 shall survive termination of this Agreement.

9. CONFIDENTIALITY - "Confidential Information" shall mean the API and all other information disclosed to you that Company characterizes as confidential at the time of its disclosure, except for information which you can demonstrate: (a) is previously rightfully known to you without restriction on disclosure; (b) is or becomes, from no act or failure to act on you’s part, generally known in the relevant industry or public domain; (c) is disclosed to you by a third party as a matter of right and without restriction on disclosure; or (d) is independently developed by you without access to the Confidential Information. You shall use your best efforts to preserve and protect the confidentiality of the Confidential Information at all times, both during the term hereof and for a period of at least 3 years after termination of this Agreement, provided, however, that any source code you receive shall be held in confidence in perpetuity. You shall not disclose, disseminate or otherwise publish or communicate Confidential Information to any person, firm, corporation or other third party without the prior written consent of Company. You shall not use any Confidential Information other than in the course of the activities permitted hereunder. You shall notify Company in writing immediately upon discovery of any unauthorized use or disclosure of Confidential Information or any other breach of this Agreement, and will cooperate with Company in every reasonable way to regain possession of Confidential Information and prevent any further unauthorized use. If you are legally compelled to disclose any of the Confidential Information, then, prior to such disclosure, you will (i) immediately notify Company prior to such disclosure to allow Company an opportunity to contest the disclosure, (ii) assert the privileged and confidential nature of the Confidential Information, and (iii) cooperate fully with Company in protecting against any such disclosure and/or obtaining a protective order narrowing the scope of such disclosure and/or use of the Confidential Information. In the event such protection is not obtained, you shall disclose the Confidential Information only to the extent necessary to comply with the applicable legal requirements.

10. GOVERNMENT USE - If you are part of an agency, department, or other entity of the United States Government ("Government"), the use, duplication, reproduction, release, modification, disclosure or transfer of the API are restricted in accordance with the Federal Acquisition Regulations as applied to civilian agencies and the Defense Federal Acquisition Regulation Supplement as applied to military agencies. The API is a "commercial item," "commercial computer software" and "commercial computer software documentation." In accordance with such provisions, any use of the API by the Government shall be governed solely by the terms of this Agreement.

11. EXPORT CONTROLS - You shall comply with all export laws and restrictions and regulations of the Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control ("OFAC"), or other United States or foreign agency or authority, and you shall not export, or allow the export or re-export of the API in violation of any such restrictions, laws or regulations. By downloading or using the API, you agree to the foregoing and represent and warrant that you are not located in, under the control of, or a national or resident of any restricted country.

12. MISCELLANEOUS - This Agreement constitutes the entire agreement between you and Company pertaining to the subject matter hereof, and supersedes any and all written or oral agreements with respect to such subject matter. This Agreement, and any disputes arising from or relating to the interpretation thereof, shall be governed by and construed under California law as such law applies to agreements between California residents entered into and to be performed within California by two residents thereof and without reference to its conflict of laws principles or the United Nations Conventions for the International Sale of Goods. Any action or proceeding arising from or relating to this Agreement must be brought in the state or federal courts of Santa Clara County, California, and each party irrevocably submits to the jurisdiction and venue of any such court in any such action or proceeding. The prevailing party in any action arising out of this Agreement shall be entitled to an award of its costs and attorneys' fees. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable. The failure of Company to act with respect to a breach of this Agreement by you or others does not constitute a waiver and shall not limit Company's rights with respect to such breach or any subsequent breaches. This Agreement is personal to you and may not be assigned or transferred for any reason whatsoever (including, without limitation, by operation of law, merger, reorganization, or as a result of an acquisition or change of control involving you) without Company's prior written consent and any action or conduct in violation of the foregoing shall be void and without effect. Company expressly reserves the right to assign this Agreement and to delegate any of its obligations hereunder.