BY SIGNING UP FOR AN ACCOUNT AND USING THE STATSIG, INC. (“COMPANY”)
SERVICES AND PRODUCTS (“SERVICES”), “YOU” (MEANING YOU PERSONALLY OR
THE COMPANY YOU REPRESENT AND ON WHOSE BEHALF YOU ARE FULLY AUTHORIZED
TO ENTER THIS AGREEMENT) ARE CONSENTING TO BE BOUND BY AND ARE BECOMING
A PARTY TO THIS LICENSE AGREEMENT (“AGREEMENT”). IF YOU DO NOT AGREE TO
ALL OF THE TERMS OF THIS AGREEMENT, YOU WILL NOT BE ABLE TO SIGN UP FOR
AN ACCOUNT OR ACCESS THE COMPANY’S SERVICES. IF THESE TERMS ARE
CONSIDERED AN OFFER, ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS.
1. Beta License Grant.
Subject to the terms of this Agreement, Company
hereby grants you (and only you) a limited, personal, non-sublicensable,
non-transferable, royalty-free, nonexclusive license to use internally
and non-commercially Services only in accordance with the Company’s
written documentation (if any). You understand that Company may modify
(including changes to the cost of the Services) the Services at any time,
provided that the Company shall provide you with ten (10) days’ prior
notice of any modification that materially and detrimentally affects the
functionality of the Services.
You may not (and agree not to, and not permit or enable others to),
directly or indirectly: (a) copy, distribute, rent, lease, timeshare,
operate a service bureau, or otherwise use for the benefit of a third
party, the Services; (b) reverse engineer the Services (except to the
extent applicable law prohibits restrictions on reverse engineering) or
otherwise use it with the intention of abusing the Services or to create
a competing product or service; or (c) remove any proprietary notices
from the Services.
3. Support and Upgrades.
This Agreement does not entitle you to any support, upgrades, patches,
enhancements, or fixes for the Services (collectively, “Support”). Any
such Support for the Services that may be made available by Company shall
become part of the Services and subject to this Agreement.
4. IP Ownership; Marks.
Except for the limited licenses expressly granted in Section 1, the
Company does not convey to you any rights in or related to the Services.
The Company will retain all intellectual property rights relating to the
Services or any suggestions, ideas, enhancements, requests, feedback,
recommendations or other information provided by you or any third party
relating to the Service, and you hereby make all assignments to effect to
foregoing ownership. The Company is permitted to use your names, marks
and logos on its website and marketing materials for the purposes of
disclosing that you are one of its customers to any third-party at its
5. Customer Data.
For purposes of this Agreement, “Customer Data” shall mean any data,
information or other material provided, uploaded, or submitted by you to
the Services in the course of using the Services. You shall retain all
right, title and interest in and to the Customer Data, including all
intellectual property rights therein, and you shall have sole
responsibility for the accuracy, quality, integrity, legality,
reliability, appropriateness, and intellectual property ownership or
right to use of all Customer Data. Company is not responsible to you for
unauthorized access to Customer Data or the unauthorized use of the
Services unless such access is due to Company’s gross negligence or
willful misconduct. You are responsible for the use of the Services by
any person to whom you have given access to the Services, even if you did
not authorize such use.
6. Warranty Disclaimer.
THE SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND, AND
COMPANY (FOR ITSELF AND ITS LICENSORS) HEREBY DISCLAIMS ALL EXPRESS OR
IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE, ACCURACY,
RELIABILITY, AND NON-INFRINGEMENT. THIS DISCLAIMER OF WARRANTY CONSTITUTES
AN ESSENTIAL PART OF THIS AGREEMENT.
7. Limitation of Liability.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, INCLUDING, WITHOUT
LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE, SHALL COMPANY
OR ITS LICENSORS BE LIABLE TO YOU OR ANY OTHER PERSON FOR (A) ANY
INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER
INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL,
WORK STOPPAGE, ACCURACY OF RESULTS, COMPUTER FAILURE OR MALFUNCTION,
DAMAGES RESULTING FROM YOUR USE OF THE SOFTWARE OR (B) ANY AMOUNT IN
EXCESS OF $100.
Company reserves the right at any time to suspend your access to the
Services: (i) for scheduled or emergency maintenance, (ii) in the event
you are in breach of this Agreement, or (iii) in the event the Company
detects abuse of the Services. Company may also terminate this Agreement
and your access to the Services for convenience upon ten (10) days’ prior
written notice to you. Sections 2 through 7 shall survive termination of
You shall comply with all applicable export laws, restrictions and
regulations in connection with your use of the Services, and will not
export or re-export the Services in violation thereof. This Agreement is
personal to you and you shall not assign or transfer the Agreement or the
Services to any third party under any circumstances; Company may assign or
transfer this Agreement without consent. This Agreement represents the
complete agreement concerning this license between the parties and
supersedes all prior agreements and representations between them. It may
be amended only by a writing executed by both parties. If any provision of
this Agreement is held to be unenforceable for any reason, such provision
shall be reformed only to the extent necessary to make it enforceable.
Also if you are one of the first ten people to email tore at statsig dot
com saying you read this far, he will send you a tee shirt. This Agreement
shall be governed by and construed under California without regard to any
conflicts of law provisions thereof.