Last updated: June 27, 2019
2. Data You Upload To Us
You grant to us an irrevocable, worldwide, non-exclusive, royalty-free, transferable and sub-licensable license during the Term to access, collect, store and use any data, information, records and files that you load, transmit to or enter into the Quantifi Solution (the "User Data"), to: (i) develop, enhance and make available the Quantifi Solution; and (ii) to produce data, information, or other materials that are not identified as relating to a particular individual or company (such data, information and materials, the "Aggregated Statistical Information"). We are free to create, use and disclose Aggregated Statistical Information for any purpose and without obligations of any kind.
5. No Unlawful or Prohibited Use
(a) send, upload, collect, transmit, store, use, post, publish, or otherwise communicate on the Quantifi Solution any data, information, pictures, videos, music or other materials or content that: (i) contains any computer viruses, worms, malicious code, or any software intended to damage or alter a computer system or data; (ii) you do not have the lawful right to send, upload, collect, transmit, store, use, publish, or otherwise communicate; (iii) is false, intentionally misleading, or impersonates any other person; (iv) is bullying, harassing, abusive, threatening, vulgar, obscene, or offensive, or that contains pornography, nudity, or graphic or gratuitous violence, or that promotes violence, racism, discrimination, bigotry, hatred, or physical harm of any kind against any group or individual; (v) is harmful to minors in any way or targeted at minors; (vi) infringes, violates or otherwise misappropriates the intellectual property or other rights of any third party (including any moral right, privacy right or right of publicity); or (vii) encourages any conduct that may violate any applicable laws or would give rise to civil or criminal liability;
(b) disable, overly burden, impair, or otherwise interfere with servers or networks connected to the Quantifi Solution (e.g., a denial of service attack);
(c) attempt to gain unauthorized access to the Quantifi Solution;
(d) use any data mining, robots, or similar data gathering or extraction methods, or copy, modify, reverse engineer, reverse assemble, disassemble, or decompile the Quantifi Solution or any part thereof or otherwise attempt to discover any source code; or
(e) use the Quantifi Solution for the purpose of building a similar or competitive product or service.
6. Third Party Content, Websites or Services
7. Malicious Code
The downloading and viewing of content is done at your own risk. We do not guarantee or warrant that the Quantifi Solution is compatible with your computer system or that the Quantifi Solution, or any links from the Quantifi Solution, will be free of viruses, worms, trojan horses or disabling devices or other code that manifests contaminating or destructive properties. You are responsible for implementing safeguards to protect the security and integrity of your computer system, and you are responsible for the entire cost of any service, repairs or connections of and to your computer system that may be necessary as a result of your use of the Quantifi Solution.
8. Communications Not Confidential
We do not guarantee the confidentiality of any communications made by you through the Quantifi Solution. We do not guarantee the security of data transmitted over the Internet or public networks in connection with your use of the Quantifi Solution.
YOU ACKNOWLEDGE, UNDERSTAND, AND AGREE THAT THE QUANTIFI SOLUTION IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND WITH RESPECT TO THE QUANTIFI SOLUTION WHETHER EXPRESS, IMPLIED, STATUTORY OR COLLATERAL, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES AND CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, COMPATIBILITY, TITLE, SECURITY, RELIABILITY, COMPLETENESS, QUIET ENJOYMENT, ACCURACY, RELIABILITY, CURRENCY, TIMELINESS, QUALITY, INTEGRATION, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, OR ANY WARRANTIES OR CONDITIONS ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE, OR THAT THE QUANTIFI SOLUTION IS OR WILL BE ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION.
10. Limitation of Liability
You will defend, indemnify and hold harmless us and all of our officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including reasonable legal and accounting fees, arising out of or in connection with:
(b) your violation of any law or the rights of a third party (including intellectual property rights); or
(c) your use of the Quantifi Solution.
12. Term and Termination; Survival
(a) Choice of Law.
(b) Entire Agreement.
(f) English Language.