Greetings from ThinkVine Corporation!
In order for you to use ThinkVine’s software, you must:
- Be authorized to use it by an organization that has a valid, current agreement with ThinkVine to license ThinkVine’s software.
IF YOU HAVE NOT BEEN AUTHORIZED TO USE THIS SOFTWARE BY AN ORGANIZATION WITH SUCH AN AGREEMENT WITH THINKVINE, CLICK THE “[I DO NOT ACCEPT]” BUTTON BELOW.
- Enter into an agreement with ThinkVine that governs your use of this software. This document contains the terms of that agreement. We’ve kept it short, so please read it carefully and completely before you decide whether or not to accept it.
BY CLICKING THE “[I ACCEPT]” BUTTON BELOW, YOU AGREE THAT YOU AND THINKVINE ARE ENTERING INTO THE LEGALLY BINDING AND ENFORCEABLE CONTRACT BELOW.
IF YOU DO NOT AGREE, CLICK THE “[I DO NOT ACCEPT]” BUTTON BELOW .
If you wish to discuss these terms with someone before deciding which button to click, please contact the organization that authorized you to use this software before contacting ThinkVine.
License & Intellectual Property Rights
- You are granted a limited, personal right to use this software and any related documentation for the purpose of marketing mix optimization. This right is only granted to you, but ThinkVine may grant this right to others. You may not sell, transfer or give your right to use this software to anyone else. If you let others use this software, for example by giving them your login and password, you become fully responsible for their actions.
- Your right to use this software and any related documentation is limited both by the terms of this Agreement and the terms of the agreement between ThinkVine and the organization that authorized you to use this software. You may not use this software or the documentation for any illegal, malicious or unauthorized purpose.
- ThinkVine claims no intellectual property rights over the data and materials you provide to ThinkVine or use with this software. Before providing data or materials to ThinkVine, or using them in this software, you must obtain the right to do so. ThinkVine is not in any way responsible for obtaining any right associated with any data or materials that you provide to ThinkVine or use in this software, including the responsibility for paying any fees or taxes to acquire or use them.
- ThinkVine will protect your data and your privacy in accordance with its privacy policies.
- Using this software does not give you ownership of any intellectual property rights in it, in the software of any third party whose software is incorporated in it, or to any data that is incorporated in or used by it, whether that data is provided by ThinkVine or by any other organization. ThinkVine reserves the exclusive rights of all its intellectual property and all of these third parties’ rights in such property.
- You agree that if you find any flaws, errors, bugs, defects or other problems in or with this software, you will promptly report them to ThinkVine.
Term & Termination
- The term of this Agreement begins once you click the “[I ACCEPT]” button and will continue until it is terminated as described below.
- This Agreement will automatically terminate if (a) the agreement between ThinkVine and the organization that authorized you to use this software is no longer in effect or (b) you are no longer authorized to use this software by the organization that authorized you to do so.
- ThinkVine may terminate this Agreement at any time if you fail to perform, or fail to comply with, your obligations under the terms of this Agreement.
- Immediately upon the termination of this Agreement for any reason, you may no longer use this software and will have no further rights related to it.
- You will hold harmless and indemnify ThinkVine, and its shareholders, members, partners, directors, officers, employees, independent contractors, agents and affiliates from any liabilities, costs, damages and/or claims arising from any failure to perform under, or failure to comply with, the terms of this Agreement.
Limitations of Liability
- THIS SOFTWARE IS PROVIDED BY THINKVINE ON AN “AS-IS” BASIS. ALL OTHER WARRANTIES ARE EXPRESSLY DISCLAIMED.
- WITHOUT LIMITATION, THINKVINE DOES NOT WARRANT THAT (a) THE OPERATION AND/OR USE OF THIS SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, (b) THIS SOFTWARE WILL PERFORM IN EVERY OPERATING ENVIRONMENT, (c) ALL DEFICIENCIES OR ERRORS IN THIS SOFTWARE ARE CAPABLE OF CORRECTION OR (d) THIS SOFTWARE MEETS THE REQUIREMENTS OF ANY PARTY WHATSOEVER. THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE SPECIFICALLY DISCLAIMED.
- THINKVINE MAY NOT BE HELD LIABLE TO YOU OR TO ANY OTHER PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING LOST OR ANTICIPATED REVENUES OR PROFITS) ARISING FROM ANY CLAIM RELATING DIRECTLY OR INDIRECTLY TO THIS AGREEMENT, WHETHER BASED ON WARRANTY, CONTRACT OR TORT (WHETHER UNDER A THEORY OF NEGLIGENCE, STRICT LIABILITY OR OTHERWISE), EVEN IF AN AUTHORIZED REPRESENTATIVE OF SUCH PARTY IS ADVISED OF THE LIKELIHOOD OR POSSIBILITY THEREOF.
- The terms of this Agreement define the relationship between you and ThinkVine for the use of this software and supersede any prior documents and negotiations between you and ThinkVine with respect to the same subject matter. The terms can only be modified with mutual consent and do not create rights in any other party.
- The relationship between you and ThinkVine created by entering into this Agreement is strictly that of a licensor (ThinkVine) and licensee (you). These terms do not form a partnership, joint venture, agency or any other type of relationship between ThinkVine and you.
- Both ThinkVine and you will comply in all material respects with all applicable laws and regulations in performing obligations under this Agreement.
- Failure to exercise or enforce any right or provision under this Agreement does not mean any rights or provisions are being waived.
- This Agreement will be governed by the internal laws of the State of Ohio, without regard to its conflicts of law principles.