Please read this document carefully before proceeding. This is a legal agreement between you (either an individual or a single legal entity) and More Champ Limited, a Hong Kong incorporated company ("Gini") and governs your use of Gini’s Data Enrichment software made available through gini.co. By clicking on the "Signup" button or accessing or using the software, you are agreeing to the terms of this End User License Agreement ("EULA"). If you are entering into this EULA on behalf of an entity (such as your employer), then you represent and warrant that you have the authority to bind that entity.
"Gini Data Enrichment" means the Gini Data Enrichment and all electronic documentation made available by Gini with such software.
Subject to the terms and conditions of this EULA, Gini grants you a limited, non-exclusive, non-transferable license to use the Gini Data Enrichment solely as set forth below. You may:
You may not, and you agree that you will not and will not permit others to:
d. sell, resell, transfer, distribute, rent or otherwise allow access to the Gini Data Enrichment or any part thereof,
e. introduce into the Gini Data Enrichment hosting systems any viruses, works, Trojan horses, time bombs, trap doors or other harmful code,
f. use the Gini Data Enrichment for any illegal purpose or in connection with any data or content that is illegal or otherwise infringes or violates the rights of any third parties.
This license is not a sale. Title, copyrights and all other rights to the Gini Data Enrichment remain with Gini.
Gini reserves all rights not expressly granted herein. Without limiting the foregoing, no rights are granted to access or use the Gini Data Enrichment in order to build a competitive product or service. Gini or its licensors retain all right, title, and interest in and to the Gini Data Enrichment and in all patents, copyrights, trade secrets, trademarks, and other intellectual property and proprietary rights therein and thereto, including any registrations, applications, renewals, and extensions of such rights. Your use of certain embedded third party software may be subject to additional terms which are set forth in the Gini Data Enrichment documentation or provided to you during the registration process.
Gini will use commercially reasonable efforts to provide technical support and maintenance services for the Gini Data Enrichment in accordance with its current practices, which are set forth at Support.
This license will continue for the applicable subscription period, or until otherwise terminated. Unauthorized use of the Gini Data Enrichment or any failure to comply with any provision of this EULA (including failure to pay) will result in automatic termination of this EULA and will make available to Gini other legal remedies. Upon termination of this EULA for any reason, you will erase or destroy all copies of the Gini Data Enrichment, or part thereof, in your possession, if any. Any use of the Gini Data Enrichment after termination is unlawful.
To the maximum extent permitted by applicable law, you agree that Gini has made and you receive no express warranties regarding the Gini Data Enrichment and that the Gini Data Enrichment is being provided to you on an “as is” and “as available” basis, without any warranty of any kind.
Gini and its licensors disclaim all warranties and conditions with regard to the Gini Data Enrichment, express, implied, statutory or otherwise, including, without limitation, any implied warranties of merchantability, fitness for a particular purpose, satisfactory quality or noninfringement or their equivalents under the laws of any jurisdiction, or any warranty arising out of course of dealing, usage or trade.
It is your responsibility to back up any data or content. You are solely responsible for the accuracy, quality, integrity, legality, reliability, security, maintenance and storage of your data and content.
To the maximum extent permitted by applicable law, in no event will Gini or its licensors be liable for loss of data, loss of use, lost profits, interruption of business, cost of cover or other special, incidental, punitive, consequential or indirect damages arising from the use of the Gini Data Enrichment, however caused and on any theory of liability. This limitation will apply even if Gini or its licensors has been advised of the possibility of such damages. In no event shall Gini’s aggregate liability for damages arising out of this EULA exceed the greater of USD$100 or the fees paid by you for the Gini Data Enrichment.
You agree to indemnify and hold Gini harmless from and against all costs, losses, liabilities and expenses arising out of or related to your breach of this EULA.
The parties hereto confirm that it is their wish that this EULA, as well as other documents relating hereto, have been and shall be written in the English language only.
This EULA shall not be governed by the 1980 U.N. Convention on Contracts for the International Sale of Goods; rather, this EULA shall be governed by Hong Kong law, without reference to conflicts of laws principles. This EULA is the entire agreement between Gini and you with respect to the subject matter hereof and supersedes any other communications, representations or advertising with respect to the Gini Data Enrichment. If any provision of this EULA is held invalid or unenforceable, such provision shall be revised to the extent necessary to cure the invalidity or unenforceability, and the remainder of the EULA shall continue in full force and effect. No waiver of any right will be effective unless in writing and no waiver of any right will be deemed to constitute a waiver of any other right. You may not assign this EULA or any of your rights or obligations under this EULA without Gini's prior written consent. Gini may assign this EULA or its rights or obligations under this EULA without notice or consent to an entity that succeeds to all or substantially all of Gini's business or assets.
You may contact Gini at firstname.lastname@example.org. Gini may provide you with notice by e-mail to the address we have on file for you.