Trial Terms and Conditions
Trial Agreement for Yellowbrick Software
Please read this document carefully before proceeding. By clicking a box indicating your acceptance, accessing or using the Yellowbrick software, or executing an order form that references this Agreement, you are agreeing to the terms of this Trial Agreement (“Agreement”). If you are entering into this Agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these terms and conditions. If you do not have such authority, or if you do not agree with these terms and conditions, you must not accept this Agreement and may not use the software.
This Agreement is a legal agreement between you (“Customer”) and Yellowbrick Data, Inc., a Delaware corporation with offices at 660 W Dana Street, Mountain View, CA 94041 (“Yellowbrick”). As used herein, each of Yellowbrick and Customer may be referred to as a “Party” and collectively as the “Parties.”
1. Scope of Agreement. This Agreement sets forth the terms under which User may access and use certain Software for a period ending thirty (30) days (or such earlier period as Yellowbrick may determine in its absolute discretion) from Customer accessing the Software on Yellowbrick’s platform. Notwithstanding the foregoing, Customer’s access to the platform may be suspended at any time for purposes of maintenance and/or the installation of upgrades.
2. “Software” means the computer software programs made available by Yellowbrick to Customer on Yellowbrick’s website under Trial Programs.
3. Customer Acknowledgement. Customer acknowledges that (i) its access to the Software is limited to the purpose of experiencing the use of the Software rather than for evaluating the performance of the underlying technology, (ii) the platform will be monitored by Yellowbrick for product performance, improvement or other purposes and Yellowbrick administrators will have access to Customer’s data and usage, (ii) the platform is a shared platform and use of the platform may be visible to other customers and third parties who also have access to the platform. Accordingly, Customer agrees that it will have no rights to any data or code deployed on the platform, other than to having its login to the platform deleted. Given the shared nature of the platform, Customer agrees not to load private, sensitive or offensive data onto the platform and will use the platform fairly and conscience of other users.
4. Restrictions. Customer agrees not to (and will not allow any third party to) (i) share or publicize its experience with the Software outside its organization (for example by sharing screenshots on social media, authoring blogs, publications or reviews), (ii) pen test, copy, modify, reverse engineer, decompile or disassemble the Software, make derivative works based upon the Software, or use the Software to develop any software or other inventions, (iii) circumvent any controls put in place to limit Customer’s usage, system permissions, access to the platform or limits on resources that Customer can consume, (iv) interfere with queries submitted by other customers (v) attempt to gain unauthorized access to related Yellowbrick systems or networks, (vi) share or publicize the URL or credentials provided by Yellowbrick, (vii) disclose the functionality of the Software, (viii) share or publicize, and use only in the context of this trial, Yellowbrick’s user interface and information gained from Customer’s access to Yellowbrick’s support portal, or (ix) violate any applicable export laws, restrictions or regulations of the United States or any applicable foreign agency or authority.
5. License. During the term of this Agreement and subject to Customer’s compliance with Sections 3 and 4, Yellowbrick grants to Customer a non-transferable, non-sublicensable, non-exclusive, revocable, royalty-free license to use the Software during the term hereof solely for the purpose of experiencing use of the Software. Yellowbrick retains ownership of all right, title and interest in and to the Software and all intellectual property rights related thereto.
6. Disclaimer of Warranty. SOFTWARE AND ANY CONFIDENTIAL INFORMATION ARE PROVIDED HEREUNDER “AS IS, WITH ALL FAULTS”.
7. Termination. Yellowbrick may terminate this Agreement with immediate effect in the event of Customer’s noncompliance with Sections 3 or 4. Upon termination or expiration, Customer shall cease use of the Software. The terms of the following sections shall survive expiration: 2, 4, 6 – 9.
8. Limited Liability. WITH THE EXCEPTION OF A BREACH OF SECTION 4, IN NO EVENT WILL EITHER PARTY OR THIRD PARTY LICENSORS BE LIABLE TO THE OTHER PARTY OR TO ANY THIRD PARTY FOR ANY DIRECT LOSS, LOSS OF USE, REVENUE OR PROFIT OR LOSS OF DATA, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES, WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGE WAS FORESEEABLE AND WHETHER OR NOT SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
9. General. This Agreement shall be governed by and construed under the laws of the State of California. No waiver of rights under this Agreement shall constitute a subsequent waiver of any right under this Agreement and all waivers must be in writing. Customer may not assign this Agreement without the prior written consent of Yellowbrick and any prohibited assignment will be null and void. This Agreement is the complete agreement between the parties hereto concerning the subject matter of this Agreement and replaces any prior oral or written communications between the parties with respect thereto.
