MindSEO S.O.N.A.R. EULA
Thank you for selecting MindSEO S.O.N.A.R. Tools, online software (the “Software”). This Software and accompanying documentation is licensed and not sold. This Software is protected by copyright laws and treaties, as well as laws and treaties related to other forms of intellectual property. MINDSEO, Lda owns intellectual property rights over the Software. The End User License Agreement (the “Agreement”) is a legal agreement between you (“Licensee”, “you” or “your”), and MINDSEO, Lda. (“MindSEO”, “we”, “our” or “us”). The Licensee’s license to use, copy, or change the Software is subject to these rights and all the terms and conditions of this Agreement. To access and use the software and services, the licensee must have access to the internet.
YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT BY SELECTING THE “ACCEPT” OPTION AND ACCESSING OR USING THE SOFTWARE. YOU MUST ACCEPT AND AGREE TO ALL TERMS OF THIS AGREEMENT BEFORE ACCESSING OR OTHERWISE USING THE SOFTWARE OR ANY OF THE SERVICES THAT MAY BE PROVIDED BY MINDSEO LDA. UNDER THIS AGREEMENT.
IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, YOU MUST SELECT “DECLINE” AND YOU ARE NOT GRANTED ANY RIGHTS WHATSOEVER IN THE SOFTWARE OR SERVICES. IF YOU ARE NOT WILLING TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR OTHERWISE USE THE SOFTWARE OR SERVICES.
2. LICENSE GRANT
License grant is subject to the terms and conditions of this Agreement, including the payment of any applicable subscription fees. MindSEO grants you a personal/professional, limited, non-exclusive, non-transferable license to electronically access and makes use of the Software solely to manage your digital ecosystem. In short, a digital ecosystem comprises your entire website, social networks, and competitors.
In addition to the MindSEO S.O.N.A.R. software, the term “Software” includes any other programs, tools, internet-based services, components and any “updates” (for example, Software maintenance, service information, help content, bug fixes, or maintenance releases) of the Software that MindSEO provides or makes available to you. You are entitled to download any documentation that MindSEO makes available to other users of the Software. Certain Software may be accompanied by and will be subject to, additional terms. The Agreement does permit the creation of multiple users per license in certain levels of access. Access or use of this Software to different digital ecosystems is only allowed if you obtain an appropriate licensing agreement for the Software for each digital ecosystem. For further information regarding multiple access licensing of the Software, please contact:
- Representative: MindSEO.com Corporate & Sales Headquarters
- Address: Avenida 5 de Outubro, 10 – 8º
- 1050-056 Lisboa, Portugal
- Phone Number: +351 215 960 020
- E-mail Address: MindSEO Contacts
3. TYPES OF LICENSE
The several types of licenses related to the Software (“Types of License”) below differentiate from each other in matters of what concerns to the level of accesses granted in the Software and/or packages of tools made available in the Software. Each license concerns to one and only one single digital ecosystem. The License Type will be specified in a Licensed Software Designation Agreement (“LSDA”) or similar ordering document which is acceptable in form to MindSEO; such order document may occur in electronic format or written format at the option of MindSEO.
- “Trial” license. This license is granted to trial users – “Trial Version”, a version of the Software to be used only for review, demonstration and evaluation purposes. The Trial Version may have limited features; this means that the user will be able to access the primary tools and Services provided in the Software, but will be limited to a maximum number of collected data or analysis, depending on the tools and services. This license allows for one only initial scan and will stop operating after the end of the trial period;
- “Starter” license. This license grants you the basic level of predefined accesses and Licensee data update frequency to the Software and Services;
- “Growth” license. This license grants you a medium level of predefined accesses and Licensee data update frequency to the Software and Services;
- “Professional” license. This license grants you the highest level of predefined accesses and Licensee data update frequency to the Software and Services;
- “Enterprise” license. This license is given to users that require a more customised access to the Software, its tools, Services, and updates.
For detailed information about the limits and features available for each license, refer to MindSEO S.O.N.A.R. Pricing page.
You are not licensed or permitted under this Agreement to do any of the following and shall not allow any third party to do any of the following:
- Restrictions on Use:
- Access or attempt to access any other MindSEO systems, programs or data that are not made available for public use;
- Work around any technical limitations in the Software, use any tool to enable features or functionalities that are otherwise disabled in the Software, or decompile, disassemble, or otherwise reverse engineer the Software except as otherwise permitted by applicable law;
- Perform or attempt to perform any actions that would interfere with the proper working of the Software or Services;
- Prevent access to or the use of the Software or Services by MindSEO’s other licensees or customers;
- impose an unreasonable or disproportionately large load on MindSEO’s infrastructure.
- Restrictions on Transfer:
- Permit any third party to benefit from the use or functionality of the Software or Services via a rental, lease, sublicense, timesharing, service bureau, or otherwise, transfer any of the rights granted to you under this Agreement.
- Restrictions on Alteration:
- Modify the Software or create any derivative work of the Software or its accompanying documentation;
- Derivative works include but are not limited to translations;
- Alter any files or libraries in any portion of the Software;
- Reproduce the database portion or create any tables or reports relating to the database portion.
- Otherwise, use the Software except as expressly allowed under this Section 2;
- Copy, reproduce, republish, upload, post, transmit, resell or distribute in any way the materials accessed and made available by the MindSEO S.O.N.A.R. tool and MindSEO S.O.N.A.R. Website.
5. RESERVATION OF RIGHTS AND OWNERSHIP
The Software is licensed not sold, and MindSEO reserves all rights not expressly granted to you in this Agreement. The Software is protected by copyright, trade secret, and other intellectual property laws. MindSEO and its licensors own the title, copyright, and other worldwide intellectual property rights in the Software, its documentation, or any related impressed materials and electronic/online documentation. This Agreement does not grant you any rights to trademarks or service marks of MindSEO.
6. REGISTRATION / LICENSE DATA
To use the Software and Services you must:
- Provide true, accurate, current and complete information as requested by the interview sign-up process (the “Registration Data”);
- Maintain and promptly update the Registration Data to keep it accurate, current and complete. If you provide any Registration Data that is inaccurate, not current or incomplete, or MindSEO has reasonable grounds to suspect that is inaccurate, not current or incomplete, MindSEO may, in its sole discretion, suspend or terminate your account and refuse any and all current or future access to and use of the Software or Services (or any portion thereof).
7. LICENSEE ACCESS INFORMATION AND ACCOUNT DATA
You are solely responsible for:
- Maintaining the confidentiality and security of your access number(s), password(s), security question(s) and answer(s), account number(s), login information, and any other security or access information, used by you to access the Software, Services and your financial institution accounts (collectively, “Licensee Access Information”);
- Preventing unauthorized access to or use of the information, files or data that you store or use in or with the Software and Services (collectively, ” Account Data”);
- You are responsible for providing access and assigning passwords to other users under your account for the Software and Services (if applicable), and ensuring that such authorized users comply with this Agreement;
- You agree to immediately notify MindSEO if Licensee becomes aware of any loss, theft or unauthorized use of any Licensee Access Information. MindSEO reserves the right to deny you access to the Software or Services (or any part thereof) if MindSEO reasonably believes that any loss, theft or unauthorized use of Licensee Access Information has occurred.
- You must inform MindSEO of, and hereby grant MindSEO permission to use, Licensee Access Information, enabling MindSEO to provide the Services to you, including updating and maintaining Account Data, addressing errors or service interruptions, and enhance the types of data and services MindSEO may provide to you in the future.
8. SOFTWARE USE, STORAGE, AND ACCESS
MindSEO shall have the right, in its sole discretion and with reasonable notice posted on the Quicken Online site and/or sent to your email address provided in the Registration Data, to revise, update, or otherwise modify the Services and establish or change limits concerning use of the Software and Services, temporarily or permanently, including but not limited to:
- The amount of storage space you have on the Software at any time;
- The number of times you may update your data (“Scan”) in the Software in a given period of time.
MindSEO reserves the right to make any such changes effective immediately to maintain the security of the system or Licensee Access Information or to comply with any laws or regulations, and to provide you with electronic or written notice within thirty (30) days after such change.
You may reject changes by discontinuing use of the Software and Services to which such changes relate. Your continued use of the Software or Services will constitute Licensee’s acceptance of and agreement to such changes.
For details about our refund policy, please refer to www.mindseo.com. MindSEO may, from time to time, perform maintenance upon the Software or Services resulting in interrupted service, delays or errors in the Software or Services. In such situations, MindSEO will always attempt to provide prior notice of scheduled maintenance but cannot guarantee that such notice will be provided.
9. MINDSEO SERVICES
You may be made aware of or offered services, features, products, applications, product offers and promotions provided by MindSEO (“MindSEO Services”). If you decide to use MindSEO Services, you may be subject to additional terms and conditions governing these MindSEO Services.
10. THIRD PARTY SERVICES
In connection with your use of the Software, you may be made aware of services, products, offers and promotions provided by third parties, and not by MindSEO (“Third Party Services”). If you decide to use Third-Party Services, you are responsible for reviewing and understanding the terms and conditions governing these services. You agree that the third party, and not MindSEO, is responsible for the performance of the Third Party Services.
11. THIRD PARTY WEBSITES
The Software may contain or reference links to websites operated by third parties (“Third Party Websites”). These links are provided as a convenience only. Such Third-Party Websites are not under the control of MindSEO. MindSEO is not responsible for the content of any Third Party Website or any link contained in a Third Party Website. MindSEO does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Websites, and the inclusion of any link in the Software or Services is not and does not imply an affiliation, sponsorship, endorsement, approval, investigation, verification or monitoring by MindSEO of any information contained in any Third Party Website. In no event will MindSEO be responsible for the information contained in such Third Party Website or for your use of or inability to use such website. Access to any Third Party Website is at your own risk, and you acknowledge and understand that linked Third Party Websites may contain terms and privacy policies that are different from those of MindSEO. MindSEO is not responsible for such provisions, and expressly disclaims any liability for them.
MindSEO may provide you with a mechanism to provide feedback, suggestions, and ideas, if you choose, about its online products and services (“Feedback”). You agree that MindSEO may, in its sole discretion, use the Feedback you provide to MindSEO in any way, including in future modifications of the Software, multimedia works and/or advertising and promotional materials relating to it. You hereby grant MindSEO a perpetual, worldwide, fully transferable, non-revocable, royalty-free license to use, modify, create derivative works from, distribute and display any information you provide to MindSEO in the Feedback.
14. DISCLAMER OF WARRANTIES
THE SOFTWARE AND SERVICES ARE PROVIDED “AS-IS” AND “AS AVAILABLE” TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. MINDSEO, ITS AFFILIATES, LICENSORS, THIRD-PARTY CONTENT OR SERVICE PROVIDERS DISCLAIM ALL GUARANTEES AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SOFTWARE AND SERVICES, INCLUDING ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, AND NON-INFRINGEMENT. MINDSEO DOES NOT WARRANT THAT THE SOFTWARE OR SERVICES ARE SECURE OR FREE FROM BUGS, VIRUSES, INTERRUPTION, ERRORS, IDENTITY THEFT, THREAT OF HACKERS, OTHER PROGRAM LIMITATIONS, OR THAT THE SOFTWARE OR SERVICES WILL MEET YOUR REQUIREMENTS. MINDSEO ATTEMPTS TO ENSURE THAT YOUR ACCOUNT DATA STORED ON MINDSEO’S SERVERS IS SAFE AND SECURE BY EMPLOYING REASONABLE, INDUSTRY-RECOGNIZED SECURITY AND VIRUS SAFEGUARDS, AND CONDUCTING ROUTINE SYSTEM MAINTENANCE AND MONITORING. ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO 30 DAYS FROM THE DATE OF PURCHASE OR DELIVERY OF THE SOFTWARE, AS APPLICABLE. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS.
15. LIMITATION OF LIABILITY AND DAMAGES
THE ENTIRE CUMULATIVE LIABILITY OF MINDSEO FOR ALL MATTERS ARISING FROM OR RELATING TO THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT PAID BY YOU FOR THE SOFTWARE OR SERVICES, AS APPLICABLE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MINDSEO SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OR FOR ANY DAMAGES RELATING TO LOSS OF BUSINESS, TELECOMMUNICATION FAILURES, LOSS, CORRUPTION, SECURITY OR THEFT OF DATA, VIRUSES, SPYWARE, LOSS OF PROFITS OR INVESTMENT, OR THE LIKE, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF MINDSEO HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. IN NO EVENT WILL MINDSEO BE LIABLE FOR ANY LOSS, COST, LIABILITY OR DAMAGE INCURRED AS A RESULT OF YOUR RECEIPT OF OR PARTICIPATION IN ANY THIRD PARTY SERVICES, THIRD PARTY WEBSITES, OR FI SERVICES. IN NO EVENT DOES MINDSEO ASSUME ANY LIABILITY TO ANY PARTY OTHER THAN YOU ARISING OUT OF YOUR USE OR INABILITY TO USE THE SOFTWARE OR SERVICES. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN MINDSEO AND YOU. MINDSEO WOULD NOT BE ABLE TO HAVE PROVIDED THE SOFTWARE OR THE SERVICES WITHOUT SUCH LIMITATIONS.
16. LIMITATION ON TIME TO SUE
Unless otherwise specified by law, an action or proceeding by you to enforce an obligation, duty, or right arising under this End User License and related to the Software or Third-Party Services must be commenced within one year after the cause of action accrues.
MindSEO reserves the right, to change or add to the terms of its Agreement at any time, and to change, delete, discontinue, or impose conditions on any feature or aspect of Software and Services (including but not limited to Internet based services, pricing, technical support options, and other product-related policies) upon notice by any means MindSEO determines in its discretion to be reasonable, including posting information concerning any such change, addition, deletion, discontinuance or conditions in Software or on any MindSEO sponsored website, including but not limited to www.mindseo.com. Any use of the Software by Licensee after MindSEO’s publication of any such changes shall constitute your acceptance of this Agreement as modified.
Your rights under this Agreement may be terminated or suspended by MindSEO immediately and without notice, if you fail to comply with any term or condition of this Agreement. Additionally, MindSEO reserves the right (but has no obligation) to delete all Licensee Access Information and Account Data stored on MindSEO’s servers if the subscription has been terminated or if you have not renewed a subscription for the Software. Upon termination, you must immediately cease using the Software and Services. Any cessation of this Agreement shall not affect MindSEO’s rights. Further, you agree that upon termination of the Agreement as provided in this Section 17. MindSEO shall not be liable to you or any third party for any termination of your access to the Software or deletion of the Licensee Access Information and Account Data. You agree to defend, indemnify and hold MindSEO harmless from and against any and all claims, losses, liability costs and expenses (including but not limited to attorneys’ fees) arising from your authorized users’ violation of this Agreement, state or federal laws or regulations, or any third party’s rights, including but not limited to infringement of any copyright, violation of any proprietary right or invasion of any privacy rights. This obligation will survive the termination of the Agreement.