18Bottleneck Super Jumbo

EULA

BY CLICKING ON THE "START TRIAL" BUTTON, YOU AND THE ENTITY THAT YOU REPRESENT ("LICENSEE" OR “YOU”) ARE UNCONDITIONALLY CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THE END USER LICENSE AGREEMENT CONSISTING OF THIS PARAGRAPH AND THE FOLLOWING TERMS (THE "AGREEMENT") WITH RESPECT TO THIS PRODUCT. PROVISION OF THE PRODUCT IS CONDITIONED ON, AND YOUR USE OF THIS PRODUCT SHALL CONSTITUTE, YOUR ASSENT TO THE TERMS OF THIS AGREEMENT. IF YOU DO NOT UNCONDITIONALLY AGREE TO THE FOREGOING, DO NOT CLICK THE "START TRIAL" BUTTON AND YOU WILL NOT BE GRANTED ACCESS TO THE PRODUCT. IF YOU CONTINUE WITH INSTALLATION, YOU ARE REPRESENTING AND WARRANTING THAT YOU ARE AUTHORIZED TO BIND LICENSEE.

1. GRANT. Subject to the terms of this Agreement, Element Analytics, Inc. (“Element Analytics”) hereby grants you (and only you) a limited, personal, non-sublicensable, non-transferable, royalty-free, nonexclusive license, for a period of thirty (30) days, to access the software product that you are about to be granted access to over the internet ("Product") solely for your internal evaluation purposes and only in your organization and in accordance with any documentation that accompanies it.
2. RESTRICTIONS AND OWNERSHIP. You may not, directly or indirectly: copy, distribute, rent, lease, timeshare, operate a service bureau with, use commercially or for the benefit of a third party, reverse engineer, disassemble, decompile, attempt to discover the source code or structure, sequence and organization of, or remove any proprietary notices from, the Product. As between the parties, title, ownership rights, and intellectual property rights in and to the Product, and any copies or portions thereof, shall remain in Element Analytics and its suppliers or licensors. You hereby grant Element Analytics a non-exclusive, worldwide, perpetual, irrevocable, transferrable license to use and fully exploit any suggestions, ideas, feedback, enhancement requests, or recommendations you provide to Element Analytics relating to the Product. You understand that Element Analytics may modify or discontinue offering the Product at any time. The Product is protected by the copyright laws of the United States and international copyright treaties. This Agreement does not give you any rights not expressly granted herein.
3. DATA. You will own any data, templates, and data models that you upload to or building using the Product (“Your Data”). Element Analytics does not claim ownership over Your Data; however, Element Analytics may collect, use, and disclose any data uploaded by you or generated by your use of the Product which has been aggregated and/or de-identified in such a manner that neither you nor any individual person can be specifically identified by such data.
4. SUPPORT AND UPGRADES. This Agreement does not entitle you to any support, upgrades, patches, enhancements, or fixes for the Product (collectively, "Support"). Any such Support for the Product that may be made available by Element Analytics in its sole discretion shall become part of the Product and subject to this Agreement. The Product is subject to modification from time to time at Element Analytics’ sole discretion, for any purpose deemed appropriate by Element Analytics.
5. INDEMNITY. You agree that Element Analytics shall have no liability whatsoever for any use you or any third party makes of the Product. You hereby agree to indemnify and hold harmless Element Analytics from any and all damages, liability, costs, and expenses (including attorney’s fees) arising from third party claims related to your use, and your customers’ use, of the Product.
6. WARRANTY DISCLAIMER. ELEMENT ANALYTICS PROVIDES The Product "AS IS" and without warranty of any kind, AND ELEMENT ANALYTICS hereby disclaims all express or implied warranties, including without limitation warranties of merchantability, fitness for a particular purpose, PERFORMANCE, ACCURACY, RELIABILITY, and non-infringement. This disclaimer of warranty constitutes an essential part of this Agreement.
7. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE, SHALL ELEMENT ANALYTICS OR ITS LICENSORS, SUPPLIERS OR RESELLERS BE LIABLE TO YOU OR ANY OTHER PERSON FOR (I) ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, COMPUTER FAILURE OR MALFUNCTION, DAMAGES RESULTING FROM YOUR USE OF THE PRODUCT; OR ANY AMOUNTS IN EXCESS OF ONE HUNDRED DOLLARS $100.
8. TERMINATION. You may terminate this Agreement and the license granted herein at any time by sending an email to Element Analytics at trial@elementanalytics.com. Element Analytics may terminate this Agreement and the license granted herein immediately if you breach any provision of this Agreement, or for any reason or no reason upon five (5) days prior notice to you (email shall suffice). Upon any termination of this Agreement, all licenses granted hereunder shall automatically terminate and you shall immediately cease all use of the Product. Sections 2 and 5 through 10 shall survive termination of this Agreement.
9. 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 not to export, or allow the export or re-export of the Product in violation of any such restrictions, laws or regulations. By downloading or using the Product, You are agreeing to the foregoing and you are representing and warranting that you are not located in, under the control of, or a national or resident of any restricted country or on any such list.
10. MISCELLANEOUS. This Agreement is personal to you and you shall not assign or transfer the Agreement or the Product to any third party under any circumstances. This Agreement represents the complete agreement concerning this license between the parties and supersedes all prior agreements and representations between them. It may be amended only by a writing executed by both parties. 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. This Agreement 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.