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Api Licence Agreement

The Program and access to the developer tools are provided solely for the purpose of promoting and facilitating access to and use of the eBay Services (as defined below). If eBay believes that you or your users are using the developer tools in a way that harms eBay`s business interests, eBay may terminate these terms, suspend your API license, stop participating in the program, terminate your access to the developer tools, and/or reduce your access to any or a few APIs. These Terms of Use and the API License Agreement (“Terms”) govern your participation in the Program, including your license to use the APIs, and are effective from the effective date of (a) the date you declare your consent or (b) the date you first access the eBay Developer Tools or Content (the “Effective Date”), these conditions and development tools will change over time. 6. User Agreements. You must enter into a valid and binding End User License Agreement (the “EULA”) with all users of your Application that contains all restrictions on the use of the Content, as contained in this Agreement. In addition, this ITA contains limitations of liability and disclaimers of warranty with respect to the content, which are consistent with the restrictions contained therein. 10.1. Applicable law; Place.

This Agreement shall be construed in accordance with and subject exclusively to the laws of the State of Texas, which apply to agreements between residents of Texas and shall be entered into entirely within that jurisdiction, regardless of the actual domicile of such parties. Any grounds arising out of this agreement are relied upon exclusively in a court in Travis County, Texas. 17. General. This Agreement shall be governed by and construed in accordance with the laws of the State of California, without complying with the principles of conflict of laws law and without application of the United Nations Convention on Contracts for the International Sale of Goods. All disputes arising out of this Agreement shall be subject to the exclusive and exclusive jurisdiction and jurisdiction of the state and federal courts in San Francisco, California. . . .