OminSpec License | Apiboost

Apiboost OmniSpec Pro End User License Agreement

This file governs Apiboost OmniSpec Pro, a commercial product.

Apiboost OmniSpec Core is a DIFFERENT product, distributed free of charge under the Apache License, Version 2.0. This file does not govern OmniSpec Core obtained under that license. See Section 6.

Summary (not part of the Agreement, provided for orientation only)

You need one license for each production domain you serve the library from. docs.example.com and developer.example.com are two.

Development, testing, staging and CI are unlimited and free.

An internal portal behind your firewall is still production.

You may not redistribute the library or embed it in a product you sell or give to others. Contact us for a redistribution license.

Per-customer tenant domains need a multi-tenant license.

The subscription renews automatically until you cancel. Cancel any time from your account; it ends at the close of the period you paid for.

If you cancel or a renewal charge fails, nothing switches off and you owe nothing. You keep running the version you last received, on the domains you had licensed. You stop getting new versions and support. You can start a new subscription later at the price current then.

The full terms control. Read them.

IMPORTANT: READ CAREFULLY. This End User License Agreement (this “Agreement”) is a legal agreement between Apiboost, Inc., a corporation with offices at 7901 4th Street N., Suite 300, St. Petersburg, FL 33702 (“Apiboost”, “we”, “us”, “our”), and the entity that acquires a license to Apiboost OmniSpec Pro (“Licensee”, “you”, “your”).

By installing, copying, downloading, accessing or otherwise using Apiboost OmniSpec Pro, or by executing an Order that references this Agreement, you accept this Agreement and agree to be bound by it. If you are accepting on behalf of an entity, you represent that you have authority to bind that entity. If you do not agree, do not install or use Apiboost OmniSpec Pro, and delete all copies in your possession.

Apiboost OmniSpec Core is a separate product, distributed free of charge under the Apache License, Version 2.0. This Agreement does not govern OmniSpec Core obtained under that license. See Section 6.

1. Definitions

“Affiliate” means, as to a party, any entity that directly or indirectly controls, is controlled by, or is under common control with that party, where “control” means ownership of more than fifty percent (50%) of the voting securities or the power to direct the management and policies of the entity.

“Documentation” means the technical documentation, installation guides, release notes and usage materials that Apiboost makes generally available for the Licensed Software.

“Documentation Output” means the API reference documentation, pages, views and other human-readable output that the Licensed Software renders from API specification files supplied by Licensee. Documentation Output is Licensee’s content and is not Licensed Software.

“End User” means a natural person who views Documentation Output served from a Licensed Production Host.

“Host” means a fully-qualified domain name (FQDN), for example docs.example.com, at or from which a Licensee Application is served. Different FQDNs are different Hosts, subject to the counting rules in Section 3.3.

“Licensed Production Host” means a Production Host that Licensee has designated under Section 3.2 and for which Licensee holds a current Production Host License.

“Licensed Software” means Apiboost OmniSpec Pro, being the Pro Components together with OmniSpec Core as combined and delivered by Apiboost, in object, bundled, minified, source or any other form, together with the Documentation and any Updates and Upgrades delivered to Licensee.

“Licensee Application” means a website or software application that Licensee develops and operates for its own account and into which Licensee incorporates the Licensed Software.

“Non-Production Host” has the meaning given in Section 4.1.

“OmniSpec Core” means the Apiboost OmniSpec open-source component library that Apiboost distributes publicly under the Apache License, Version 2.0.

“Order” means an order form, quote, invoice, e-commerce confirmation or similar document issued or accepted by Apiboost that identifies the Licensed Software, the number of Production Host Licenses, the Subscription Term and the Fees.

“Production Host” has the meaning given in Section 3.1.

“Production Host License” means the right to operate a Licensee Application incorporating the Licensed Software at one (1) Licensed Production Host, as further described in Section 3.

“Pro Components” means the proprietary features, renderers, modules and code that Apiboost develops and makes available only in Apiboost OmniSpec Pro, including the GraphQL, SOAP/WSDL and gRPC renderers, the extended white-label theming system, premium vendor extensions and interactive OAuth 2.0 with OpenID Connect discovery.

“Subscription Term” means the period stated in the Order during which Licensee is entitled to Updates, Upgrades and support, and during which the Fees are payable.

“Updates” and “Upgrades” mean, respectively, bug fixes, patches and maintenance releases, and major or feature releases, in each case that Apiboost makes generally available for the Licensed Software.

“Version” means a specific release of the Licensed Software identified by version number.

2. License Grant

2.1 Grant. Subject to Licensee’s payment of the Fees and continuing compliance with this Agreement, Apiboost grants Licensee a non-exclusive, non-transferable, non-sublicensable, worldwide license during the Subscription Term to:

(a) install, copy and use the Licensed Software on an unlimited number of Non-Production Hosts, as described in Section 4;

(b) incorporate the Licensed Software into Licensee Applications;

(c) operate those Licensee Applications at Licensed Production Hosts, up to the number of Production Host Licenses stated in the Order;

(d) serve the Licensed Software to End Users’ web browsers solely as necessary to render Documentation Output from a Licensed Production Host, as described in Section 5.3; and

(e) make a reasonable number of copies of the Licensed Software and Documentation for backup, archival and disaster-recovery purposes, each of which remains subject to this Agreement and must retain all proprietary notices.

2.2 Reservation. Apiboost and its licensors reserve all rights not expressly granted in this Agreement. No rights are granted by implication, estoppel or otherwise.

2.3 Licensee’s personnel and contractors. Licensee may permit its employees and its contractors to exercise the rights in Section 2.1 solely on Licensee’s behalf and solely in connection with Licensee Applications. Licensee is responsible for their acts and omissions as if they were Licensee’s own, and must ensure they comply with this Agreement. A contractor may not use the Licensed Software for its own account or for any other customer.

3. Production Hosts and Production Host Licenses

3.1 Production Host defined. A “Production Host” is any Host that is not a Non-Production Host under Section 4.1. Without limiting that definition, a Host is a Production Host if any of the following is true:

(a) it is reachable by the general public, whether or not it is indexed, advertised or linked;

(b) it serves Documentation Output to any of Licensee’s API consumers, customers, members, partners, suppliers or other third parties, other than contractors engaged in developing or testing that deployment;

(c) it is used by Licensee’s personnel in the ordinary conduct of Licensee’s business, including a Host that is reachable only from within Licensee’s internal or private network;

(d) it is used for sales demonstration, marketing, training, certification or third-party evaluation; or

(e) Licensee receives any fee, consideration or other commercial benefit in connection with access to it.

An internal Host is still a Production Host. “Non-production” in this Agreement means a Host used only to build and test the software, not a Host that happens to sit behind a firewall. An internal developer portal used every day by Licensee’s own engineers is production and requires a Production Host License.

3.2 Designation. Licensee shall designate each Production Host by FQDN in the Order, or afterwards by written notice to Apiboost at the address in Section 17.6, before placing it into service. Licensee shall keep its designations accurate and current.

3.3 Counting rules. The number of Production Host Licenses required is determined as follows:

(a) One Production Host License is required for each Production Host.

(b) A registered domain and its “www” subdomain serving the same Licensee Application, for example example.com and www.example.com, together count as one Host.

(d) A single Host counts as one Host regardless of how many API specifications, specification formats, pages, paths, routes or Licensee Applications are served from it, and regardless of traffic volume or number of End Users.

(e) Distinct FQDNs count as distinct Hosts and each requires its own Production Host License, even where they serve identical content. For example, docs.example.com and developer.example.com are two Hosts.

(f) A standby Host maintained solely for disaster recovery or failover requires no additional Production Host License, provided it serves no traffic except while the Licensed Production Host it backs up is unavailable, and provided it is not used concurrently with that Host for load distribution.

(g) Hosts operated by Licensee’s Affiliates are not covered by Licensee’s Production Host Licenses unless Licensee designates them under Section 3.2 and counts them against the number of Production Host Licenses stated in the Order. Licensee remains responsible for its Affiliates’ compliance.

3.4 Reassignment. Licensee may reassign a Production Host License from one Production Host to another (for example, on a domain migration, rebrand or consolidation) by written notice to Apiboost, not more than twice per Production Host License in any twelve (12) month period. On reassignment, Licensee shall cease serving the Licensed Software from the former Host within thirty (30) days.

3.5 Exceeding the licensed count. If Licensee operates the Licensed Software at more Production Hosts than the number of Production Host Licenses it holds, Licensee shall promptly either cease use at the excess Hosts or acquire additional Production Host Licenses at Apiboost’s then-current rates, effective as of the date the excess use began.

3.6 Multi-tenant and per-customer Hosts. Operating the Licensed Software at Hosts allocated to or named for Licensee’s individual customers or tenants (for example, portal.customer1.example.com, portal.customer2.example.com, or any wildcard arrangement of that kind) is outside the scope of this Agreement and requires a separate written Multi-Tenant License from Apiboost. Licensee may request one as described in Section 5.4.

4. Non-Production Use

4.1 Non-Production Host defined. A “Non-Production Host” is a Host used solely to develop, build, test, inspect, evaluate or verify a Licensee Application, and not for any purpose described in Section 3.1. Without limiting that definition, each of the following is a Non-Production Host:

(a) localhost, the loopback addresses 127.0.0.0/8 and ::1, and any Host resolving only to them;

(b) a Host under a reserved or private namespace not routable on the public Internet, including the .local, .localhost, .test, .internal, .example and .invalid top-level domains;

(c) a Host resolving only to private address space (RFC 1918, RFC 4193 or equivalent) and reachable only by Licensee’s personnel and contractors engaged in development, testing or quality assurance;

(d) an ephemeral preview, branch, pull-request or review deployment generated automatically by a source-control, continuous-integration or hosting platform, provided it is not used for any purpose described in Section 3.1;

(e) a named development, test, QA, UAT or staging Host that (i) is access-restricted to Licensee’s personnel, contractors and invited testers, (ii) is used solely to verify a Licensee Application before release, and (iii) does not serve Documentation Output to Licensee’s API consumers, customers or the public; and

(f) a local build, bundler, linter, automated test or continuous-integration environment in which the Licensed Software is executed but no Documentation Output is served to End Users.

4.2 Unlimited. Licensee may use the Licensed Software at an unlimited number of Non-Production Hosts, on an unlimited number of developer workstations, and by an unlimited number of Licensee personnel and contractors, at no additional charge and without designating those Hosts to Apiboost.

4.3 Change of character. If a Non-Production Host begins to be used for any purpose described in Section 3.1, it becomes a Production Host at that moment, and Licensee shall designate it and hold a Production Host License for it. Naming a Host “staging”, “demo”, “sandbox”, “preview” or similar does not by itself make it a Non-Production Host.

5. Restrictions

5.1 General restrictions. Except as this Agreement expressly permits, and except to the extent applicable law prohibits the restriction notwithstanding this provision, Licensee shall not, and shall not permit any third party to:

(a) decompile, disassemble, decrypt, reverse engineer or otherwise attempt to derive the source code or underlying structure, ideas or algorithms of the Pro Components;

(b) modify, adapt, translate or create derivative works of the Pro Components, except for configuration, theming and extension through interfaces that the Documentation expressly provides for;

(c) remove, obscure, alter or fail to reproduce any copyright, trademark, patent or other proprietary notice contained in or delivered with the Licensed Software, except as Section 7.3 permits;

(d) circumvent, disable or interfere with any license key, host verification, entitlement or other technical measure described in Section 10.1;

(e) use the Licensed Software in violation of applicable law, or in any manner that infringes or misappropriates the rights of any person; or

(f) use the Licensed Software to develop, or knowingly assist a third party to develop, a product or service that competes with the Licensed Software.

5.2 No redistribution, embedding or OEM use. This is a material term of this Agreement. Except as Section 5.3 expressly permits, Licensee shall not, and shall not permit any third party to:

(a) distribute, publish, sublicense, sell, resell, rent, lease, lend, assign, transfer or otherwise make the Licensed Software available to any third party, in source, bundled, minified, compiled, containerized or any other form;

(b) incorporate, embed, bundle or otherwise include the Licensed Software in any product, platform, API gateway, developer portal, content management system, software development kit, library, framework, starter kit, template, theme, plug-in, extension, module, virtual appliance, container image or other offering that is sold, licensed, distributed, resold, hosted for, or otherwise made available to any third party, whether for a fee or free of charge;

(c) install, deploy, configure or operate the Licensed Software at any Host that is neither a Licensed Production Host nor a Non-Production Host, including any Host owned, operated or controlled by a third party;

(d) use the Licensed Software to provide a service bureau, time-sharing, managed service, application service provider, hosting or software-as-a-service offering in which the Licensed Software renders Documentation Output for, or on behalf of, third parties at Hosts other than Licensed Production Hosts; or

(e) upload, publish or mirror the Licensed Software to any public or third-party package registry, source-code repository, content delivery network, container registry, marketplace or similar distribution channel.

5.3 Permitted delivery to End Users. Serving the Licensed Software to an End User’s web browser, as a necessary technical step in rendering Documentation Output from a Licensed Production Host, is not a distribution, sublicense or transfer prohibited by Section 5.2, provided that:

(a) the Licensed Software is served solely so that it executes in that browser session to render that Documentation Output;

(b) Licensee does not present, offer or package the Licensed Software for separate download, extraction, installation or reuse by the End User; and

For the avoidance of doubt, Documentation Output is Licensee’s content. Nothing in this Agreement restricts Licensee’s use, publication or distribution of its own Documentation Output.

5.4 Separate licenses available. The activities described in Sections 3.6 and 5.2 are available under a separate written agreement. Licensee may request a Redistribution License, an OEM License or a Multi-Tenant License by contacting Apiboost at [licensing@apiboost.com]. No such rights arise except under a written agreement signed by an authorized representative of Apiboost.

6. Open Source Components

6.1 OmniSpec Core. The Licensed Software incorporates OmniSpec Core, which Apiboost separately distributes under the Apache License, Version 2.0 (the “Apache License”). Nothing in this Agreement limits, supersedes or purports to limit any right Licensee has in OmniSpec Core under the Apache License, including in any copy of OmniSpec Core that Licensee obtains independently of the Licensed Software. The restrictions in Section 5 apply to the Pro Components and to the Licensed Software as delivered by Apiboost; they do not apply to OmniSpec Core obtained independently under the Apache License.

6.2 Third-party components. The Licensed Software includes third-party open-source components, each governed by its own license. Apiboost delivers with the Licensed Software a NOTICE file and a THIRD-PARTY-LICENSES file identifying those components and their licenses. Licensee shall retain those files with each copy of the Licensed Software and shall reproduce the attributions they contain as the applicable open-source licenses require, including in or with any Licensee Application from which the Licensed Software is served.

6.3 Conflict. If this Agreement conflicts with an applicable open-source license as to an open-source component, that open-source license controls as to that component.

7. Trademarks and Attribution

7.1 No implied license. “Apiboost”, “Apiboost OmniSpec” and the Apiboost logos are trademarks of Apiboost, Inc. Except as stated in this Section 7, this Agreement grants Licensee no right to use any Apiboost trademark, trade name or logo.

7.2 Referential use. Licensee may use the word marks “Apiboost” and “Apiboost OmniSpec” in plain text, without logos or stylization, solely to state accurately that a Licensee Application is built with or uses the Licensed Software. Licensee shall not use any Apiboost trademark in a manner that suggests sponsorship, endorsement, affiliation or certification by Apiboost, nor as part of Licensee’s own product name, company name, domain name or logo, nor register any mark confusingly similar to an Apiboost trademark.

7.3 White-label right. Notwithstanding Section 5.1(c), Licensee may use the white-label features of the Licensed Software to remove or replace the “Powered by Apiboost” badge and other Apiboost branding from Documentation Output served from a Licensed Production Host. This right applies only to branding presented in Documentation Output; Licensee shall not remove copyright, license or attribution notices contained in the Licensed Software’s source, package metadata, NOTICE file or THIRD-PARTY-LICENSES file.

7.4 Licensee marks. Apiboost shall not use Licensee’s name or logo in any public customer list, case study, press release or marketing material without Licensee’s prior written consent.

8. Delivery, Updates and Support

8.1 Delivery. Apiboost will deliver the Licensed Software electronically, by means of its choosing, together with the Documentation, the NOTICE file and the THIRD-PARTY-LICENSES file. Delivery occurs when Apiboost makes the Licensed Software available for download or installation.

8.2 Form of delivery. Apiboost delivers the Licensed Software in the form in which it is intended to be incorporated into a Licensee Application, which may include human-readable or minified JavaScript. Licensee acknowledges that the form of delivery does not enlarge the rights granted in Section 2 or reduce the restrictions in Section 5, and in particular that Section 5.1(a) and Section 5.2 apply regardless of the form in which the Licensed Software is delivered or is observable.

8.3 Updates and Upgrades. During the Subscription Term, Licensee is entitled to all Updates and Upgrades that Apiboost makes generally available for the Licensed Software. Licensee is responsible for installing and deploying them. Apiboost is not obliged to maintain, support or issue fixes for any Version other than the current generally available Version.

8.4 Support. Support, if any, is provided at the level and on the terms stated in the Order. Apiboost provides no support obligation for OmniSpec Core except as an Order expressly provides.

9. Fees and Payment

9.1 Fees and payment. Licensee shall pay the fees stated at the time of purchase or in the Order (the “Fees”), in US dollars. Fees are based on the number of Production Host Licenses and the length of the Subscription Term. Unless otherwise agreed in writing, Fees are charged in advance for each Subscription Term to the payment method Licensee provides, and Licensee authorises Apiboost and its payment processor to charge that payment method for each Subscription Term until the subscription is cancelled. Licensee is responsible for keeping its payment method current.

9.2 Adding Production Host Licenses. Licensee may add Production Host Licenses at any time at Apiboost’s then-current rates. Added licenses are charged at the time of purchase, pro-rated to the end of the then-current Subscription Term, and co-terminate with it.

9.3 Taxes. Fees exclude taxes and duties other than taxes on Apiboost’s income. Licensee is responsible for those amounts.

9.4 Changes at renewal; no refunds. Except as Section 13.2 expressly provides, Fees are non-refundable and the number of Production Host Licenses may not be reduced during a Subscription Term. Licensee may reduce the number of Production Host Licenses, or cancel, effective at the start of the next Subscription Term, through its account or by notice given before the renewal date.

9.5 Failed payment and lapse. If a charge for a renewal Subscription Term does not succeed, Apiboost or its payment processor may re-attempt it for a reasonable period. If payment has not succeeded by the end of that period, the subscription lapses: the Subscription Term is treated as having ended on the last day of the period for which Licensee has paid, and Section 16.2 applies from that date. A failed or unpaid renewal charge is not a breach of this Agreement and does not create a debt enforceable against Licensee. Licensee may start a new subscription at Apiboost’s then-current rates at any time after a lapse, which entitles Licensee to the Versions then generally available.

10. Verification

10.1 License keys and host verification. The Licensed Software may require a license key and may verify that the Host from which it is served is a Licensed Production Host. Licensee shall not circumvent, disable or interfere with that mechanism. Any verification is limited to information about the Host, the license key and the Version in use; Apiboost does not collect Licensee’s API specifications, Documentation Output or End User data through that mechanism.

10.2 Self-reporting. On Apiboost’s written request, not more than once in any twelve (12) month period, Licensee shall provide a current list of the Production Hosts at which it operates the Licensed Software.

10.3 Audit. Apiboost may verify Licensee’s compliance with this Agreement not more than once in any twelve (12) month period, on at least thirty (30) days’ prior written notice, during normal business hours, in a manner that does not unreasonably interfere with Licensee’s operations. Apiboost may use an independent auditor bound by confidentiality obligations no less protective than Section 12. Any information obtained is Licensee’s Confidential Information and may be used only to verify compliance.

10.4 Result of audit. If an audit shows that Licensee operated the Licensed Software at more Production Hosts than licensed, Licensee shall within thirty (30) days acquire the additional Production Host Licenses at Apiboost’s then-current rates, calculated from the date the unlicensed use began. If the shortfall exceeds five percent (5%) of the Fees properly payable, Licensee shall also reimburse Apiboost’s reasonable audit costs.

11. Ownership

11.1 Apiboost property. The Licensed Software, the Documentation and all intellectual property rights in them are and remain the exclusive property of Apiboost and its licensors. This Agreement grants a license and does not transfer title.

11.2 Licensee property. As between the parties, Licensee owns its API specification files, its Documentation Output, its Licensee Applications (excluding the Licensed Software incorporated in them) and all data it supplies to or processes with the Licensed Software.

11.3 Feedback. If Licensee provides suggestions or feedback regarding the Licensed Software, Apiboost may use and exploit it without restriction, obligation or compensation. Licensee is not required to provide feedback.

12. Confidentiality

12.1 Obligations. Each party shall protect the other’s Confidential Information with at least reasonable care, shall not disclose it except to personnel, Affiliates and advisors with a need to know who are bound by comparable obligations, and shall use it only to perform under this Agreement. These obligations continue for five (5) years from disclosure, and for as long as the information remains a trade secret under applicable law.

12.2 Exclusions. Confidential Information does not include information that is or becomes public through no fault of the receiving party, was known to the receiving party without obligation before disclosure, is independently developed without use of the disclosing party’s Confidential Information, or is lawfully received from a third party without restriction.

12.3 Scope as to the Licensed Software. The Pro Components, including their structure, organization and source code, are Apiboost’s Confidential Information. The parties acknowledge that the Licensed Software is served to End Users’ browsers in the ordinary operation of a Licensee Application as Section 5.3 contemplates, and that such serving is not a breach of this Section 12 and does not of itself cause the Licensed Software to become public for the purposes of Section 12.2.

12.4 Compelled disclosure. A party may disclose Confidential Information as required by law or legal process, provided it gives prompt notice where lawful and reasonably cooperates in any effort to limit the disclosure.

13. Limited Warranty and Disclaimer

13.1 Limited warranty. Apiboost warrants that, for ninety (90) days after delivery of a Version, that Version will perform in all material respects in accordance with the Documentation accompanying it, when installed and used as the Documentation directs.

13.2 Exclusive remedy. Licensee’s exclusive remedy, and Apiboost’s entire liability, for breach of Section 13.1 is that Apiboost will use commercially reasonable efforts to correct the non-conformity, and if it cannot do so within a reasonable period, will refund the Fees paid for the affected Production Host Licenses for the then-current Subscription Term, whereupon the affected licenses terminate. Licensee must report the claim in writing within the ninety (90) day period and supply enough information for Apiboost to reproduce the non-conformity.

13.3 Exclusions. The warranty does not apply to problems caused by modification of the Licensed Software other than as the Documentation permits, combination with software or systems not supplied or approved by Apiboost, failure to follow the Documentation, use of a Version other than the current generally available Version, or causes outside Apiboost’s reasonable control.

13.4 Disclaimer. EXCEPT AS SECTION 13.1 PROVIDES, THE LICENSED SOFTWARE AND DOCUMENTATION ARE PROVIDED “AS IS”. TO THE MAXIMUM EXTENT PERMITTED BY LAW, APIBOOST DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. APIBOOST DOES NOT WARRANT THAT THE LICENSED SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE OR WILL MEET LICENSEE’S REQUIREMENTS.

13.5 OmniSpec Core. OmniSpec Core is provided under the Apache License and is warranted only to the extent, if any, that license provides. Section 13.1 applies to the Licensed Software as delivered by Apiboost.

14. Indemnification

14.1 By Apiboost. Apiboost shall defend Licensee against any third-party claim alleging that the Licensed Software, as delivered by Apiboost and used in accordance with this Agreement, infringes a United States patent or copyright or misappropriates a trade secret, and shall pay damages and costs finally awarded against Licensee or agreed in settlement, provided Licensee promptly notifies Apiboost in writing, gives Apiboost sole control of the defense and settlement, and provides reasonable cooperation at Apiboost’s expense.

14.2 Remedies. If the Licensed Software becomes, or in Apiboost’s opinion is likely to become, the subject of such a claim, Apiboost may at its option and expense procure the right for Licensee to continue using it, replace or modify it to be non-infringing while materially preserving its functionality, or, if neither is commercially reasonable, terminate the affected Production Host Licenses and refund a pro-rated portion of the Fees paid for the then-current Subscription Term.

14.3 Exclusions. Apiboost has no obligation under Section 14.1 to the extent a claim arises from: (a) modification of the Licensed Software other than by Apiboost; (b) combination of the Licensed Software with software, hardware, data or processes not supplied or approved by Apiboost, where the claim would not have arisen but for the combination; (c) Licensee’s API specifications, Documentation Output or other content; (d) use of a Version other than the most recent Version made available to Licensee, where the claim would have been avoided by using that Version; (e) use after notice to discontinue; or (f) OmniSpec Core or any other open-source component, which is provided under its own license.

14.4 By Licensee. Licensee shall defend Apiboost against any third-party claim arising from Licensee’s API specifications, Documentation Output or Licensee Applications, or from Licensee’s use of the Licensed Software in breach of this Agreement, and shall pay damages and costs finally awarded or agreed in settlement, on the same procedural conditions.

14.5 Exclusive remedy. Sections 14.1 through 14.3 state Apiboost’s entire liability and Licensee’s exclusive remedy for any claim of infringement or misappropriation.

15. Limitation of Liability

15.1 Cap. EXCEPT FOR THE EXCLUDED CLAIMS IN SECTION 15.3, EACH PARTY’S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE FEES PAID OR PAYABLE BY LICENSEE UNDER THE APPLICABLE ORDER IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

15.2 Excluded damages. EXCEPT FOR THE EXCLUDED CLAIMS IN SECTION 15.3, NEITHER PARTY SHALL BE LIABLE FOR LOST PROFITS, LOST REVENUE, LOSS OF BUSINESS, LOSS OF DATA, OR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

15.3 Excluded claims. Sections 15.1 and 15.2 do not limit: (a) Licensee’s obligation to pay Fees; (b) either party’s indemnification obligations under Section 14; (c) Licensee’s breach of Section 5 (Restrictions) or Section 7 (Trademarks and Attribution); or (d) either party’s breach of Section 12 (Confidentiality).

15.4 Allocation. The parties acknowledge that the Fees reflect the allocation of risk in this Section 15 and that these limits are an essential basis of the bargain.

16. Term, Expiration and Termination

16.1 Term and automatic renewal. This Agreement begins on the date Licensee first accepts it and continues until all Subscription Terms have expired or this Agreement is terminated. Each Subscription Term is stated in the Order and, unless the Order says otherwise, the initial Subscription Term is one (1) year.

THE SUBSCRIPTION RENEWS AUTOMATICALLY UNTIL CANCELLED. Unless the Order states otherwise, each Subscription Term renews automatically for successive terms of the same length, at Apiboost’s then-current rates, and Licensee’s payment method is charged for each renewal until the subscription is cancelled. Licensee may cancel at any time through its account, or by email to [licensing@apiboost.com]. Cancellation takes effect at the end of the then-current Subscription Term, and no further charge is made. What renews is Licensee’s subscription to Updates, Upgrades and support. Licensee’s right to continue using a Version already delivered to it is governed by Section 16.2 and does not depend on renewal.

16.2 Expiration and the Fallback License. If a Subscription Term expires, is cancelled, or is treated as having expired under Section 9.5, in each case for any reason other than termination by Apiboost under Section 16.3, Licensee’s rights under Sections 2.1(b) through 2.1(e) continue perpetually, but solely:

(a) as to the most recent Version delivered to Licensee during the paid Subscription Term;

(b) at the Production Hosts that were Licensed Production Hosts on the last day of that Subscription Term; and

The Fallback License does not include Updates, Upgrades, support, the limited warranty in Section 13.1, the indemnity in Section 14.1, or any right to add, substitute or reassign Production Hosts. Apiboost has no obligation to provide fixes, security patches or new features under the Fallback License. Licensee may purchase a new subscription at any time under Section 9.5 to resume receiving Updates, Upgrades and support.

Plain-language summary of Sections 16.1 and 16.2 (does not form part of the Agreement): the subscription renews automatically until you cancel it, and you can cancel at any time from your account. It then ends at the close of the period you have already paid for. Cancelling, or a renewal charge that fails, does not switch the software off and is not treated as a debt. You keep running the version you last received, on the domains you had licensed. What you give up is new versions, support and the ability to add or move domains. You can start a new subscription later at the price current at that time.

16.3 Termination for cause. Apiboost may terminate this Agreement and all Orders, effective on written notice, if Licensee: (a) breaches Section 5 (Restrictions); (b) fails to acquire the additional Production Host Licenses required following a verification under Section 10.4 and does not cure within thirty (30) days of written notice, it being agreed that a failed or unpaid renewal charge is governed by Section 9.5 and is not a ground for termination under this Section 16.3; or (c) breaches any other provision materially and does not cure within thirty (30) days of written notice. Licensee may terminate for Apiboost’s uncured material breach on the same thirty (30) day notice. Either party may terminate immediately if the other becomes insolvent, makes a general assignment for the benefit of creditors, or becomes subject to bankruptcy or similar proceedings not dismissed within sixty (60) days.

16.4 Effect of termination for cause. On termination under Section 16.3, all licenses granted under this Agreement terminate immediately, including any Fallback License. Licensee shall within thirty (30) days cease all use of the Licensed Software, remove it from every Host, delete or destroy all copies, and on request certify in writing that it has done so. Termination does not relieve Licensee of amounts that accrued before termination. For the avoidance of doubt, expiry of a Subscription Term, cancellation under Section 16.1, and a lapse under Section 9.5 are not terminations under Section 16.3 and do not affect the Fallback License.

16.5 Survival. Sections 1, 5, 6, 7.1, 11, 12, 13.4, 14, 15, 16.4, 16.5 and 17 survive expiration or termination. Section 16.2 survives expiration but not termination under Section 16.3.

17. General

17.1 Relationship to other agreements. This Agreement governs the Licensed Software and supersedes, as to the Licensed Software, any conflicting provision of the Apiboost General Terms and Conditions or any other agreement between the parties, unless a signed written agreement expressly states that it supersedes this Agreement. Bulk, volume, OEM, redistribution and multi-tenant arrangements are made under a separate written agreement signed by Apiboost, and are not governed by this Agreement to the extent that agreement so provides. This Agreement does not govern OmniSpec Core obtained under the Apache License, or the Apiboost Developer Portal, which remain subject to their own terms. The order of precedence is: a signed agreement expressly superseding this Agreement; the Order; this Agreement.

17.2 Entire agreement. This Agreement and the Order are the entire agreement between the parties as to the Licensed Software and supersede all prior or contemporaneous proposals, representations and understandings. Terms in a purchase order or similar document issued by Licensee have no effect.

17.3 Amendment. This Agreement may be amended only by a written instrument signed by both parties. Apiboost may publish revised terms for new Orders and renewals, but a revision does not alter the terms applicable to a Version already delivered or to a Fallback License already in effect.

17.4 Assignment. Licensee may not assign or transfer this Agreement or any Production Host License, by operation of law or otherwise, without Apiboost’s prior written consent, which shall not be unreasonably withheld; except that Licensee may assign this Agreement in its entirety to a successor in connection with a merger, acquisition or sale of all or substantially all of its assets, on written notice to Apiboost, provided the successor is not a competitor of Apiboost and assumes all obligations. Apiboost may assign this Agreement to an Affiliate or in connection with a corporate transaction. Any other purported assignment is void.

17.5 Governing law and venue. This Agreement is governed by the laws of the State of Florida, excluding its conflict-of-laws rules and the United Nations Convention on Contracts for the International Sale of Goods. The parties consent to the exclusive jurisdiction and venue of the state and federal courts located in Pinellas County, Florida, for all disputes arising out of or related to this Agreement, including tort claims.

17.6 Notices. Notices to Apiboost must be in writing and sent to Apiboost, Inc., 7901 4th Street N., Suite 300, St. Petersburg, FL 33702, with a copy to [legal@apiboost.com]. Notices to Licensee may be sent to the contact stated in the Order or to the email address associated with Licensee’s account, and are deemed received twenty-four (24) hours after sending. Host designations and reassignments under Sections 3.2 and 3.4 may be given by email to [licensing@apiboost.com].

17.7 Export and sanctions. Licensee shall comply with all applicable export control and economic sanctions laws, shall not export, re-export or make the Licensed Software available in violation of them, and represents that it is not a sanctioned or restricted party.

17.8 US government users. The Licensed Software is “commercial computer software” and “commercial computer software documentation” as those terms are used in FAR 12.212 and DFARS 227.7202. Government users acquire only the rights stated in this Agreement.

17.9 Injunctive relief. Licensee acknowledges that a breach of Section 5, Section 7 or Section 12 would cause Apiboost irreparable harm for which damages are an inadequate remedy, and that Apiboost is entitled to seek injunctive relief without posting a bond, in addition to all other remedies.

17.10 Severability, waiver, force majeure. If a provision is held unenforceable, it shall be modified to the minimum extent necessary to make it enforceable and the remainder continues in effect. A failure to enforce a provision is not a waiver of it. Neither party is liable for delay or failure to perform, other than a failure to pay, caused by events beyond its reasonable control.

17.11 Independent contractors. The parties are independent contractors. Nothing in this Agreement creates a partnership, joint venture, agency or employment relationship.

17.12 Counterparts. This Agreement may be accepted by installation or use as described above, or executed in counterparts, including by electronic signature, each of which is an original.

Exhibit 1: How Production Host Licenses Are Counted

This Exhibit illustrates Sections 3 and 4. It is provided to assist the parties in applying those Sections. If this Exhibit conflicts with the body of this Agreement, the body controls.

docs.example.com only
Licenses required: 1
One Production Host.

example.com and www.example.com, serving the same application
Licenses required: 1
Section 3.3(b): apex and www count as one Host.

docs.example.com and developer.example.com
Licenses required: 2
Section 3.3(e): distinct FQDNs, even with identical content.

docs.example.com serving OpenAPI, GraphQL, SOAP and gRPC specs across 40 pages, 2 million page views a month
Licenses required: 1
Section 3.3(d): count is per Host, not per spec, page, format or End User.

docs.example.com, plus docs-staging.example.com restricted to internal testers and used only for pre-release verification
Licenses required: 1
Staging qualifies as a Non-Production Host under Section 4.1(e).

An internal developer portal at apidocs.corp.example.com, reachable only on the corporate network, used daily by 5,000 employees
Licenses required: 1
Section 3.1(c): internal is still production. Being behind a firewall does not make a Host non-production.

40 developer laptops, a CI pipeline, and automatically generated pull-request preview URLs
Licenses required: 0
Sections 4.1(a), 4.1(d), 4.1(f) and 4.2: unlimited and free.

docs.example.com, plus docs-dr.example.com held dormant for failover
Licenses required: 1
Section 3.3(f): a true standby needs no separate license.

docs.example.com and docs-eu.example.com, both live and load-balanced
Licenses required: 2
Section 3.3(f) does not apply; both Hosts serve traffic concurrently.

A consultancy builds a documentation site for Example Corp, deployed at docs.example.com
Licenses required: 1, held by Example Corp
Section 3.1: the entity operating the Production Host holds the license. The consultancy’s own development work is non-production under Section 4.2.

Example Corp serves portal.customer1.example.com through portal.customer50.example.com from one deployment
Licenses required: Multi-Tenant License required
Section 3.6: per-customer or wildcard tenant Hosts are outside this Agreement.

A gateway vendor embeds the Licensed Software in a portal product sold to 30 customers who self-host it
Licenses required: Redistribution License required
Section 5.2(b): embedding in a product made available to third parties is prohibited without a separate license.

Example Corp publishes a public demo of its API docs at demo.example.com for prospects
Licenses required: 1
Section 3.1(d): demonstration and marketing use is production.

Apiboost, Inc. · 7901 4th Street N., Suite 300, St. Petersburg, FL 33702
Licensing enquiries: [licensing@apiboost.com]