End User License Agreement and Consent to Use of User Data
Training The Street, Inc. (“TTS”) licenses the macro tool kit (“Licensed Code”) to you under the terms of this end user license agreement (“EULA”). If you do not agree to this EULA, you may not download or use the Licensed Code.
1. Introduction. TTS provides the Licensed Code subject to the terms and conditions of this EULA. By clicking the “agree” button or downloading, installing, copying or otherwise using the Licensed Code you agree: (i) to be bound by the terms of this EULA and that TTS may download a copy of this EULA on your computer for your reference; (ii) that you have an authorized copy of Microsoft Excel; and (iii) that you are at least 18 years old.
2. Scope of License: Subject to the terms and conditions of this EULA, TTS grants you a nonexclusive, nonsublicensable, revocable, limited license to download, install, and run the Licensed Code on a single device that you own or are permitted to use. You may permit another individual to copy, download and install the Licensed Code for use on a single device only if that person affirmatively agrees to this EULA. Unless TTS gives its prior written consent, you may not: (i) modify the Licensed Code; (ii) re-distribute the Licensed Code to an entity (or permit an entity or other party to copy the Licensed Code) for use over a network or in a manner that allows it to be used on multiple devices at the same time; (iii) rent, lease, lend, sell, or sublicense the Licensed Code or otherwise use the Licensed Code except as described in this EULA; (iv) decompile, reverse engineer, disassemble, or attempt to derive the source code of the Licensed Code (except to the extent expressly permitted by applicable law); (v) modify or create derivative works of the Licensed Code; or (vi) remove or modify any EULA terms or notices associated with the Licensed Code. This EULA governs any updates to the Licensed Code unless the update is governed by a separate license. If, in the future, TTS distributes an enhanced version of the Licensed Code with additional functionality that is available for payment of a fee (“Paid Version”), you may not use the Paid Version of the Licensed Code without payment of the required fee and agreement to a separate license, if any.
3. Support. You acknowledge and agree that TTS has no obligation to provide any updates or technical support to the Licensed Code.
4. Intellectual Property Rights. TTS reserves all rights, including copyrights and other rights, not expressly granted to you in this EULA.
5. Consent to Use of User Data. TTS may collect your name, phone number, school or company, and email address (“User Data”) when you voluntary provide it at the time you download the Licensed Code. TTS: (i) may use your User Data to seek user feedback to improve its goods and services and to offer you other TTS products and services; and (ii) may share your User Data with our service providers to help us provide services or disclose it in connection with any sale, merger, or similar transaction or reorganization or in special circumstances if we determine it is necessary to enforce this EULA, protect the safety of any party or property, is required by law, or similar reasons we determine in good faith. You may opt out of our use of your User Data for these purposes by “unsubscribing” in an email sent to you or by contacting us at firstname.lastname@example.org, but you agree we may retain your User Data for our records concerning this EULA and to contact you about the Licensed Code or any changes to this EULA. You may also contact us at email@example.com to update your User Data. We will keep your User Data in a secure manner. If you are located outside of the United States, you consent to your User Data being transferred to the United States and used in accordance with this EULA.
6. Termination. This EULA is effective until terminated by you or TTS. If you breach any term or condition of this EULA, TTS automatically revokes your license to the Licensed Code and reserves its right to pursue any other available rights or remedies available at law or in equity. Upon any termination of this license, you must immediately stop using and delete or destroy all copies of the Licensed Code. Any fees paid to TTS for the Paid Version are not refundable.
7. NO WARRANTY. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU USE THE LICENSED CODE AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED CODE IS PROVIDED “AS IS” AND “AS AVAILABLE.” TTS EXPRESSLY DISCLAIMS ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES AND CONDITIONS REGARDING THE LICENSED CODE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, QUALITY, QUIET ENJOYMENT, EFFECTIVENESS, USEFULNESS, RELIABILITY, SECURITY, TIMELINESS, SUITABILITY, ACCURACY OR COMPLETENESS OF THE LICENSED CODE OR RESULTS OBTAINED BY USING THE LICENSED CODE. TTS DOES NOT WARRANT THAT THE LICENSED CODE OR YOUR USE OF IT WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE LICENSED CODE FUNCTIONS WILL MEET YOUR REQUIREMENTS, OR THAT DEFECTS IN THE LICENSED CODE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY TTS OR ITS AUTHORIZED REPRESENTATIVE CREATES A WARRANTY. IF THE LICENSED CODE IS OR BECOMES DEFECTIVE, YOU ASSUME ALL RESPONSIBILITY AND COST OF ANY SERVICING, REPAIR OR CORRECTION TO ANY DEVICE, SOFTWARE OR HARDWARE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
8. Limitation of Liability. EXCEPT TO THE EXTENT PROHIBITED BY LAW, TTS IS NOT LIABLE FOR ANY DAMAGE TO PROPERTY, PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER DAMAGES OR LOSSES ARISING OUT YOUR USE OF OR INABILITY TO USE THE LICENSED CODE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF TTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW SOME OR ALL OF THE FOREGOING LIMITATION OF LIABILITY, SO THIS LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT WILL TTS’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW) EXCEED FIFTY DOLLARS ($50.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
9. Export. You may not use or otherwise export or import the Licensed Code except as authorized by United States and other applicable law.
10. Governing Law; Jurisdiction. This EULA and all disputes under it are governed by the laws of the State of New York applicable to agreement made and entered into in the State. You irrevocably: (i) agree to bring any dispute under this EULA or in connection with the Licensed Code exclusively in the state or federal courts located in the Southern District of New York; and (ii) waive any objections to the jurisdiction of those courts based on an inconvenient forum or other reasons. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act do not apply to this Agreement.
11. General. This EULA is the entire agreement between the parties and supersedes all other oral or written agreements regarding its subject matter. TTS’s waiver of a term or breach under this EULA must be in writing and any waiver in one circumstance will not be considered to waive another term or breach, whether similar or different. If any term of this EULA is held by a court to be unenforceable, the term will be modified to the extent necessary to make it enforceable and the remaining terms will be enforceable to the full extent permitted by law (unless doing so would deprive a party of a material benefit under this Agreement).
12. If you have questions about this EULA or the Licensed Code, please contact TTS at firstname.lastname@example.org.