YuzeData Sample EULA

The [Customer Solution] integrates and uses software, services and data (including third party software, services and data) provided by or through YuzeData, Inc. (the “YuzeData Platform”). 

You [or End User] hereby acknowledge and agree:

1. License. Your license to use the YuzeData Platform, alone or as integrated into the [Customer Solution], is non-exclusive, non-transferable and non-sublicensable, and you may only use the YuzeData Platform, alone or as integrated into the Customer Solution, internally within your own organization for your own internal business purposes, and solely during the term of your license (“Term”) with [Customer] for the [Customer Solution].

2. Restrictions. You are prohibited from:

1. • Sublicensing, distributing, transferring, framing, leasing, renting, providing access to a third party, or operating as a service for third parties, the YuzeData Platform, alone or as integrated into the [Customer Solution];

• • Copying all or any portion of the YuzeData Platform, alone or as incorporated into the [Customer Solution] except as necessary to use it pursuant to your license to use the [Customer Solution]; and

• • Removing or obfuscating any attribution of, or proprietary markings or notices on behalf of, YuzeData or its suppliers in respect to the YuzeData Platform and [Customer Solution].

Notwithstanding subparts 2(a)-(b) above, you are granted a perpetual license to use (i) Insights & Actions generated by the YuzeData Platform that are delivered to you under your license for the [Customer Solution], and (ii) any other output generated by the YuzeData Platform that is delivered to you under your license for the [Customer Solution] where the output is based solely on your own data [and/or on Customer’s own data] and not on any data supplied by YuzeData (including any third party supplied by or through YuzeData).

3. Additional Restrictions. You shall not: (a) interfere with, disrupt, or gain unauthorized access to the YuzeData Platform; (b) successfully or otherwise, attempt to: reverse engineer, discover the underlying source code or structure of, or copy the YuzeData Platform; (c) directly or indirectly provide YuzeData any data or other information that is unlawful, defamatory, harassing, discriminatory, or infringing of third party intellectual property rights; (d) transfer to the YuzeData Platform, directly or through the [Customer Solution], or otherwise use on the YuzeData Platform, any code, exploit, or undisclosed feature that is designed to delete, disable, deactivate, interfere with or otherwise harm or provide unauthorized access to the YuzeData Platform; (e) use any robot, spider, data scraping, or extraction tool or similar mechanism with respect to the YuzeData Platform; (f) extract information from the YuzeData Platform, directly or through the [Customer Solution], in furtherance of, or otherwise create or begin to create solutions or services, competing with YuzeData; or (g) use the YuzeData Platform, alone or as incorporated into the [Customer Solution] in violation of applicable laws.

4. Third Party Terms. Any third party software, services and data included in the YuzeData Platform may be subject to terms and conditions of the respective third parties.  You hereby agree to such third party terms and conditions.

5. Ownership. YuzeData and its suppliers, as the case may be, retain all rights, title and interest in and to any and all intellectual property rights relating to the YuzeData Platform and Anonymized Data, including without limitation patents, inventions, copyrights, trademarks, domain names, trade secrets and know-how.  All rights not expressly granted by YuzeData are reserved.

6. Grant of License to YuzeData. You grant YuzeData, during the Term, a non-exclusive, non-transferable, non-sublicensable right to  receive, copy, store, modify and use data you provide directly or indirectly to the YuzeData Platform to generate and deliver to [Customer] and you Insights & Actions and other output.  You warrant that you have the right to provide such data and grant such license.

7. Anonymized Data. YuzeData may collect, generate and use aggregated, anonymized, or de-identified data from use of the YuzeData Platform (“Anonymized Data”), provided that such data: (i) is derived from technical information about the use and performance of the YuzeData Platform (such as transaction volumes, feature usage patterns, response times, and system logs); (ii) does not include the content or substance of any of the data that you provide to the Platform; and (iii) is not used in any manner that identifies you. You agree that you do not and will not restrict YuzeData’s right to use, profit from, disclose, publish, keep secret or otherwise exploit (collectively “Exploit”) the Anonymized Data, without compensating or crediting your or your respective employees or other representatives.  Without limiting the foregoing, your grant YuzeData a fully paid-up, royalty-free, perpetual, irrevocable, assignable, transferable, worldwide, sub-licensable license to Exploit the Anonymized Data in any way without restriction. YuzeData also reserves the right to seek intellectual property protection for any features, functionality or components that may be based on or that were initiated by such Anonymized Data.

8. Disclaimer of Warranty; Limitation of Liability. You accept all risks and liability arising from: possession, use, results and/or reliance on results obtained from use of the YuzeData Platform, alone or as integrated into the [Customer Solution], or any component thereof for any purpose.  YuzeData and its suppliers do not provide or imply any warranty of any kind, including any implied warranty of merchantability, fitness for a particular purpose, or non-infringement, with respect to the YuzeData Platform, alone or as incorporated into the [Customer Solution], or your use or the results thereof.  YuzeData and its affiliates, directors, employees, agents, services providers, suppliers or licensors (“YuzeData Parties”) shall have no liability to you or any third party of any kind or nature.  Without diminishing the foregoing, any liability of YuzeData Parties to you shall be limited to a maximum of $100.00 (one hundred U.S. dollars).

9. Termination. You shall cease using the YuzeData Platform upon expiration or termination of your license with [Customer] to use the [Customer Solution].