FLEX-6000 Signature Series – Maestro User Guide
Copyright 2024 FlexRadio, Inc. All Rights Reserved. | Page 206
3. Attribution of FlexRadio System’s Third-Party Data Providers. Some images accessible by You by virtue of
the API may contain the trade names, trademarks, logos, domain names, and other distinctive brand
features of FlexRadio and its third-party data providers. You may not delete or in any manner alter these
trade names, trademarks, logos, domain names, and other distinctive brand features.
6. TERM AND TERMINATION
1. Term. The term of this Agreement shall commence on the date upon which You download the API and
agree to this Agreement and shall continue in force thereafter unless terminated as provided herein.
2. Termination. FlexRadio, Inc. may change, suspend, or discontinue all or any aspect of the API, including
its availability, at any time, and may suspend or terminate Your use of the API at any time. In addition, either
party may terminate this Agreement at any time, for any reason, or for no reason including, but not limited
to, if You engage in any action that reflects poorly on FlexRadio or otherwise disparages or devalues the
FlexRadio trademarks or FlexRadio’s reputation or goodwill. If You desire to terminate this Agreement, You
must remove the API, and any code created therefrom, from Your product.
3. Effect of Termination. Upon the termination of this Agreement for any reason (i) all license rights granted
herein shall terminate; (ii) You shall immediately delete any and all images and FlexRadio Trademarks; and
(iii) You shall immediately cease all use of the API.
4. Survival. In the event of any termination or expiration of this Agreement for any reason, Sections 1.2, 1.3,
and two through seven (2-7) shall survive termination. Neither party shall be liable to the other party for
damages of any sort resulting solely from terminating this Agreement in accordance with its terms.
5. Equitable Remedies. You acknowledge that Your breach of API/license restrictions contained herein may
cause irreparable harm to FlexRadio, Inc.. Accordingly, You agree that, in addition to any other remedies to
which FlexRadio may be legally entitled, FlexRadio, Inc. shall have the right to seek immediate injunctive
relief in the event of a breach of such sections by You, or any of Your officers, employees, consultants or
other agents.
7. MISCELLANEOUS TERMS
1. Entire Agreement. This Agreement constitutes the entire agreement between You and FlexRadio, Inc.
with respect to the subject matter hereof and governs your use of the API, superseding any prior
agreements between You and FlexRadio related to the API. You also may be subject to additional terms and
conditions that may apply when You use or purchase certain other FlexRadio products or applications,
affiliate applications, third-party content, or third-party software.
2. Jurisdiction, Venue, and Choice of Law. This Agreement and the relationship between You and FlexRadio
shall be governed by the laws of the State of Texas without regard to its conflict of law provisions. You and
FlexRadio agree to submit to the personal and exclusive jurisdiction of the United States District Court for
the District of Texas and the Texas state courts located in Travis County, Texas.
3. Severability and Waiver. The failure of FlexRadio, Inc. to exercise or enforce any right or provision of this
Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is
found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should
endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of
this Agreement remain in full force and effect.