Gypsy BI
The following terms of service and end user license agreement (“EULA”) constitute an agreement between you and Gypsy BI, and its affiliates (“Gypsy BI”). This EULA governs your use of Software and Software (as specified below).
For purposes of this EULA “Software” means all software programs distributed, published or otherwise made available by Gypsy BI or its affiliates. Software also includes updates and upgrades as well as accompanying manual(s), packaging and other written, files, electronic or on-line materials or documentation, and any and all copies of such software and its materials.
THE SOFTWARE IS LICENSED, NOT SOLD. YOUR USE OF THE SOFTWARE (AS SPECIFIED BELOW) IS SUBJECT TO THE TERMS AND CONDITIONS SET FORTH IN THIS EULA. BY INSTALLING OR USING GYPSY BI SOFTWARE OR ANY MATERIALS INCLUDED IN OR WITH THE GYPSY BI SOFTWARE, YOU HEREBY ACCEPT THE TERMS OF THIS EULA.
If you do not accept the terms of this EULA, do not install, use or access the Gypsy BI Software.
- Licenses
SOFTWARE LICENSE. Subject to this EULA and its terms and conditions, Gypsy BI hereby grants you a non-exclusive, non-transferable, non-sublicensable, limited right and license to use one copy of the Software for your person or business on a single computer, unless otherwise specified in the Software documentation. The rights granted herein are subject to your compliance with this EULA. The Software is being licensed to you and you hereby acknowledge that no title or ownership in the Software is being transferred or assigned and this EULA is not to be construed as a sale of any rights in the Software.
LICENSE TERM. The term of your licenses under this EULA shall commence on the date that you accept this EULA and install or otherwise use the Software and ends on the earlier date of either your disposal of the Software or Gypsy BI’s termination of this EULA. Your license terminates immediately if you attempt to circumvent any technical protection measures used in connection with the Software or you otherwise use the in breach of the terms of this EULA.
OWNERSHIP; NO OTHER LICENSES. Gypsy BI retains all right, title and interest in and to the Gypsy BI Software, including, but not limited to, all copyrights, trademarks, trade secrets, trade names, proprietary rights, patents, titles, computer codes, audiovisual effects, themes, characters, character names, stories, dialog, settings, artwork, sound effects, musical works, and moral rights whether registered or not and all applications thereof. The Gypsy BI Software is protected by applicable laws and treaties throughout the world. Unless expressly authorized by mandatory legislation, the Gypsy BI software may not be copied, reproduced or distributed in any manner or medium, in whole or in part, without prior written consent from Gypsy BI. All rights not expressly granted to you herein are reserved by Gypsy BI.
- General license conditions
You agree not to: (i) distribute, lease, license, sell, rent, lend, convey or otherwise transfer or assign the Gypsy BI Software, any copies thereof, or any passwords or usernames of Gypsy BI Software, without the express prior written consent of Gypsy BI or as set forth in this EULA; (ii) make a copy of the Gypsy BI Software or any part thereof, including but not limited to Software (other than as set forth herein); (iii) make the Gypsy BI Software publicly available or available on a network for use or download by multiple users; (iv) except as otherwise specifically provided by the Gypsy BI Software or this EULA, use or install the Gypsy BI Software (or permit others to do same) on a network, for on-line use, or on more than one computer at the same time; (v) use or copy the Gypsy BI Software at any other location-based site; provided, that Gypsy BI may offer you a separate site license agreement to make the Gypsy BI Software available for commercial use; (vi) reverse engineer, decompile, disassemble, translate, prepare derivative works based on or otherwise modify the Gypsy BI Software, in whole or in part; (vii) remove, obscure or modify any copyright, trademark or other proprietary rights notices, marks or labels contained on or within the Gypsy BI Software, falsify or delete any author attributions, legal notices or other labels of the origin or source of the material; (viii) misrepresent the source of ownership of the Gypsy BI Software; (ix) transport, export or re-export (directly or indirectly) into any country forbidden to receive such Gypsy BI Software by any U.S. or other export laws or accompanying regulations or otherwise violate such laws or regulations, that may be amended from time to time; or (x) scrape, build databases or otherwise create permanent copies of content returned from the Gypsy BI Software.
However, with regards to installable Software that was delivered on a physical storage medium, you may transfer the entire Software and accompanying documentation on a permanent basis to another person or computer system as long as you retain no copies (including archival or backup copies) of the Software, accompanying documentation, or any portion or component of the Software accompanying documentation, and the recipient agrees to the terms of this EULA The Software is intended for private use only.
The Gypsy BI Software may include measures to control access, prevent unauthorized copies, or otherwise attempt to prevent anyone from exceeding the limited rights and licenses granted under this EULA. Only Gypsy BI Software subject to a valid license can be used to access online Software, and download updates and patches. You may not interfere with such access control measures or attempt to disable or circumvent such security features. If you disable or otherwise tamper with the technical protection measures, the Gypsy BI Software will not function properly.
The Gypsy BI Software may require an internet connection to access the Gypsy BI Software or its internet-based features, authenticate the Software, or perform other functions. In order for certain features of the Gypsy BI Software to operate properly, you may be required to have and maintain (a) an adequate internet connection and/or (b) a valid and active account with an online service as set forth in the documentation related to Gypsy BI Software. By using the Gypsy BI Software, you acknowledge and agree that third party data transfer fees may apply depending on your data plan. Please consult your carrier for further information. If you do not maintain such accounts, then the Gypsy BI Software or certain features of the Gypsy BI Software may not operate or may cease to function properly, either in whole or in part.
- Information collection and use; Privacy policy
By installing, accessing or using the Gypsy BI Software, you consent to these information collection and usage terms, including (where applicable) the transfer of data into a country outside of the European Union and/or the European Economic Area or the United States of America.
Gypsy BI respects your privacy rights and recognizes the importance of protecting any information collected about you. Gypsy BI’s privacy policy as amended from time to time is available at the Gypsy BI website (“Privacy Policy”) and applicable to this EULA. Gypsy BI’s Privacy Policy defines how, why and to which extent Gypsy BI collects and uses personal and non-personal information in relation to Gypsy BI’s products and Software. By installing, accessing or using the Gypsy BI Software you explicitly agree with the terms and conditions of Gypsy BI’s Privacy Policy and to any terms and conditions included therein by reference.
- Warranty
4.1 Warranty for Physical software Products
Gypsy BI warrants to you (if you are the initial and original purchaser of the Software) that, to the extent the Software is made available to you on a physical storage medium, the original storage medium holding the Software is free from defects in material and workmanship under normal use and service for 90 days from the date of purchase. If mandatory legislation in your jurisdiction requires longer in excess to the aforementioned 90 days, the length of the warranty is amended accordingly. If for any reason you find a defect in the physical storage medium during the warranty period, Gypsy BI agrees to replace, free of charge, any physical storage medium and related Software discovered to be defective within the warranty period as long as the Software is currently commercially distributed by Gypsy BI. If the Software is no longer available, Gypsy BI retains the right to substitute a similar piece of Software of equal or greater value. This warranty is limited to the physical storage medium and the Software as originally provided by Gypsy BI and is not applicable to normal wear and tear. This warranty shall not be applicable and shall be void if the defect has arisen through abuse, mistreatment, or neglect. Any implied warranties prescribed by statute are expressly limited to the warranty period described above.
When returning the Software subject to the limited warranty above, please send the original Software only to the Gypsy BI address specified below and include: your name and return address; a photocopy of your dated sales receipt; and a brief note describing the defect and the system on which you are running the Software.
4.2 No other Warranties
NOTWITHSTANDING THE ABOVE MENTIONED WARRANTY FOR PHYSICAL STORAGE MEDIUM SPECIFIED IN SECTION 6.1 ABOVE, AND TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE GYPSY BI SOFTWARE ARE PROVIDED TO YOU “AS IS,” WITH ALL FAULTS, WITHOUT WARRANTY OF ANY KIND, WITHOUT PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KIND, AND YOUR USE IS AT YOUR SOLE RISK. THE ENTIRE RISK OF SATISFACTORY QUALITY AND PERFORMANCE RESIDES WITH YOU. GYPSY BI, GYPSY BI’S LICENSORS AND CHANNEL PARTNERS DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, ACCURACY OF DATA (INCLUDING BUT NOT LIMITED TO LOCATION DATA), MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD PARTY RIGHTS, AND WARRANTIES (IF ANY) ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. GYPSY BI, GYPSY BI’S LICENSORS AND CHANNEL PARTNERS DO NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE; THAT THE GYPSY BI SOFTWARE WILL MEET YOUR REQUIREMENTS; THAT OPERATION OF THE GYPSY BI SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE GYPSY BI SOFTWARE WILL INTEROPERATE OR BE COMPATIBLE WITH ANY OTHER GYPSY BI SOFTWARE OR THAT ANY ERRORS IN THE GYPSY BI SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN ADVICE PROVIDED BY GYPSY BI, GYPSY BI’S LICENSORS AND CHANNEL PARTNERS OR ANY AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS APPLY ONLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
- Limitations of liability
IN NO EVENT WILL GYPSY BI, GYPSY BI’S AFFILIATES, GYPSY BI’S LICENSORS OR CHANNEL PARTNERS BE LIABLE FOR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM POSSESSION, ACCESS, USE OR MALFUNCTION OF THE GYPSY BI SOFTWARE, INCLUDING BUT NOT LIMITED TO, DAMAGES TO PROPERTY, LOSS OF GOODWILL, COMPUTER FAILURE OR MALFUNCTION AND, TO THE EXTENT PERMITTED BY LAW, DAMAGES FOR PERSONAL INJURIES, PROPERTY DAMAGE, LOST PROFITS OR PUNITIVE DAMAGES FROM ANY CAUSES OF ACTION ARISING OUT OF OR RELATED TO THIS EULA OR THE SOFTWARE, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY OR OTHERWISE AND WHETHER OR NOT GYPSY BI, GYPSY BI’S LICENSORS OR CHANNEL PARTNERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FOR PURPOSES OF THIS SECTION 7, GYPSY BI’S LICENSORS AND CHANNEL PARTNERS ARE THIRD PARTY BENEFICIARIES TO THE LIMITATIONS OF LIABILITY SPECIFIED HEREIN AND THEY MAY ENFORCE THIS EULA AGAINST YOU.
BECAUSE SOME STATES/COUNTRIES DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY, THIS LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. THIS LIMITATION OF LIABILITY SHALL NOT BE APPLICABLE SOLELY TO THE EXTENT THAT ANY SPECIFIC PROVISION OF THIS LIMITATION OF LIABILITY IS PROHIBITED BY ANY FEDERAL, STATE, OR MUNICIPAL LAW, WHICH CANNOT BE PREEMPTED. THIS EULA GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
IN NO EVENT SHALL GYPSY BI’S, GYPSY BI’S AFFILIATES’, GYPSY BI’S LICENSORS’ OR CHANNEL PARTNERS’ LIABILITY FOR ALL DAMAGES (EXCEPT AS REQUIRED BY APPLICABLE LAW) EXCEED THE ACTUAL PRICE PAID BY YOU FOR USE OF THE GYPSY BI SOFTWARE OR FIVE EUROS (EUR 5), WHICHEVER LESS.
- Other terms and conditions
TERMINATION: This EULA will terminate automatically if you fail to comply with its terms and conditions. In such event, you must destroy all copies of the Software and all of its component parts and cease and desist from accessing any Gypsy BI Software. With regards to Software delivered on a physical storage medium you can end this EULA by destroying the Software and all copies and reproductions of the Software and deleting and permanently purging the Software from any client server or computer on which it has been installed.
EQUITABLE REMEDIES: You hereby agree that if the terms of this EULA are not specifically observed, Gypsy BI will be irreparably damaged, and therefore you agree that Gypsy BI shall be entitled, without bond, other security or proof of damages, to appropriate equitable remedies with respect to your breach of any of the terms of this EULA, in addition to any other available remedies.
AFFILIATE: For purposes of this EULA, an “affiliate” or Gypsy BI means any legal entity that is directly or indirectly controlled by Gypsy BI for so long as such control lasts. Control shall exist through direct or indirect ownership of more than 50 % of the nominal value of the issued equity share capital or more than 50 % of the shares entitling the holders to vote for the election of the members of the board of directors or persons performing similar functions.
INDEMNITY: You agree to indemnify, defend and hold Gypsy BI, its partners, affiliates, contractors, officers, directors, employees and agents harmless from and against any and all damages, losses and expenses arising directly or indirectly from: (i) your acts and omissions to act in using the Gypsy BI Software pursuant to the terms of the EULA; or (ii) your breach of this EULA.
MISCELLANEOUS: This EULA represents the complete agreement concerning this license between the parties and supersedes all prior agreements and representations between them. Gypsy BI reserves the right, at its discretion, to change, modify, add or remove portions of this EULA by posting the updated EULA on Gypsy BI’s website. You will be deemed to have accepted such changes by continuing to use the Gypsy BI Software. If any provision of this EULA is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the remaining provisions of this EULA shall not be affected.
GOVERNING LAW AND DISPUTE RESOLUTION. This EULA will be governed by the laws of USA without reference to its choice of law rules. The United Nations Convention for the International Sale of Goods shall not apply.
Any dispute, controversy or claim arising out of or relating to this EULA or the breach, termination or validity thereof shall be finally settled at Gypsy BI’s discretion. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST GYPSY BI ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
IF YOU HAVE ANY QUESTIONS CONCERNING THIS AGREEMENT, YOU MAY CONTACT GYPSY BI 14 DEER RIDGE RD., ROXBURY, CT 06783