Gale Business: Plan Builder
End User License Agreement
- Software Use. The Software includes features that allow you to create and manipulate business financial models, print related reports, and link to vendors offering related business services. The Software includes sections relating to capital expenditures, debt, equity, inventory, marketing, sales, staffing and taxes with explanatory videos, in some cases. Subject to the terms of this the Agreement, GALE grants to you a nonexclusive, nontransferable, license to access and use the Software through the designated GALE website for personal, noncommercial purposes. GALE licenses the Software and has the necessary rights to grant you this sublicense to use the Software. All rights not expressly granted here are reserved.
- Use Restrictions. You may not: transfer, sublicense, or allow others to access to the Software. You may not directly or through the use of any device, software, website, or other means, copy, archive, distribute, upload, publish, modify, translate, or publicly display the Software. You may not incorporate the Software in any hardware or software or make the Software available via frames or in-line links. Additionally, you may not: use the Software for anyone else’s benefit; send SPAM or otherwise duplicative or unsolicited messages in violation of applicable laws; send or store infringing, obscene, threatening, libelous, or otherwise unlawful material, including material harmful to children or that which violates privacy rights; send or store material containing software viruses, worms, or other harmful computer code, files, scripts, or programs; interfere with or disrupt the integrity or performance of the Software; or attempt to gain unauthorized access to the Software. Your access to the Software may be revoked if you breach of any of these use restrictions or use the Software in an unauthorized way.
- Your Data. GALE does not collect, and you agree not add, any personally identifiable information into the Software, including social security, driver’s license, passport or financial account numbers. You have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and GALE and its affiliates, agents and licensors are not responsible or liable for the deletion, destruction, damage, loss or failure to backup any of your data. GALE, its affiliates and licensors have no responsibility to safeguard or maintain your data.
- Disclaimer. THE SOFTWARE HELPS YOU CREATE FINANCIAL MODELS FOR YOUR BUSINESS. YOU SHOULD ALWAYS SEEK PROFESSIONAL GUIDANCE FROM A QUALIFIED ATTORNEY AND ACCOUNTANT BEFORE MAKING DECISIONS THAT HAVE LEGAL AND/OR TAX IMPLICATIONS. GALE AND ITS AFFILIATES, AGENTS AND LICENSORS DO NOT MAKE ANY REPRESENTATIONS OR PROVIDE ANY WARRANTIES RELATED TO THE SOFTWARE, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF NONINFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PUPOSE (INCLUDING BUT NOT LIMITED TO THE RELIABILITY, SUITABILITY, AVAILABILITY, ACCURACY, OR COMPLETENESS OF THE SOFTWARE). THE SOFTWARE IS OFFERED TO YOU “AS IS” AND “AS AVAILABLE.”
- Limitation of Liability. GALE AND ITS AFFILIATES, AGENTS AND LICENSORS AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, LOST PROFITS AND LOST DATA OR USE, ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF THE SOFTWARE UNDER ANY THEORY OF LAW, EVEN IF GALE HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
- Indemnification. You agree to indemnify, defend and hold GALE and its affiliates, agents and licensors harmless from and against any liabilities, penalties, demands or claims (including expenses and reasonable attorneys’ fees) arising out of or in any way related to your breach or alleged breach of this Agreement. GALE reserves the right, at its own expense, to employ separate counsel and assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
- Confidentiality. You agree keep confidential all passwords you use to access the Software.
- Termination. GALE may terminate this Agreement at any time, without notice or liability, if GALE determines that you breached this Agreement, violated any law, rule, or regulation, or engaged in other inappropriate conduct.
- Remedies. GALE’s remedies are cumulative. You agree to reimburse GALE its affiliates, agents and licensors for all expenses it incurs in enforcing this Agreement, including reasonable attorneys’ fees, arbitration costs and court costs, if any.
- Governing Law. This Agreement shall be governed by the laws of the United States and the State of New York governing contracts wholly entered into and wholly performed with the State of New York.