The following terms, when capitalized and used in this Agreement, shall have the following meanings:
Licensee shall not (and any such prohibited use shall constitute an infringement of the Software and/or Documentation):
Warranties. Each party represents and warrants that (i) it has no pre-existing obligations or commitments (and will not assume or otherwise undertake any obligations or commitments) that would conflict with its obligations under this Agreement; (ii) it has sufficient rights to make the licenses and assignments set forth in this Agreement; WARRANTY DISCLAIMER. INCUIRY DOES NOT WARRANT THAT THIS SOFTWARE WILL MEET LICENSEE’S REQUIREMENTS OR THAT ITS OPERATION WILL BE UNINTERRUPTED OR ERROR-FREE. INCUIRY EXCLUDES AND EXPRESSLY DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES NOT STATED HEREIN, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND INFRINGEMENT.
INCUIRY’S LIABILITY TO LICENSEE FOR ANY AND ALL LOSSES ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL BE LIMITED TO DIRECT DAMAGES, AND SHALL NOT IN ANY EVENT EXCEED ONE HUNDRED DOLLARS. IN NO EVENT WILL INCUIRY BE LIABLE TO LICENSEE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF PROFITS) EVEN IF INCUIRY HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Upon completion of the Beta Period and upon payment of applicable license fees, Recipient shall have the right to the Services on a commercial basis in accordance with the terms and conditions of the Service Agreement.
Incuiry may collect personally identifiable information, such as your name and email address. If you purchase Incuiry’s services, we may collect billing and credit card information. This information is used to complete the purchase transaction. Incuiry may also collect anonymous demographic information, which is not unique to you, such as your age and gender . We may gather additional personal or non-personal information in the future.
Information about your computer hardware and software may be automatically collected by Incuiry. This information can include: your IP address, browser type, domain names, access times and referring website addresses. This information is used for the operation of the service, to maintain quality of the service, and to provide general statistics regarding use of the Incuiry website.
Incuiry collects and uses your personal information to operate its website and deliver the services you have requested.
Incuiry may also use your personally identifiable information to inform you of other products or services available from Incuiry and its affiliates . Incuiry may also contact you via surveys to conduct research about your opinion of current services or of potential new services that may be offered.
Incuiry does not sell, rent or lease its customer lists to third parties.
Incuiry will disclose your personal information, without notice, only if required to do so by law or in the good faith belief that such action is necessary to: (a) comply with legal process served on Incuiry or the site; (b) protect and defend the rights or property of Incuiry; and, (c) act under exigent circumstances to protect the personal safety of users of Incuiry, or the public.
The Incuiry website may use “cookies” to help you personalize your online experience. A cookie is a text file that is placed on your hard disk by a web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you.
You have the ability to accept or decline cookies. Most Web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of the Incuiry services or websites you visit.