Terms of Service | Inspire Insight

INSPIRE INSIGHT END USER LICENSE AGREEMENT

This End-User License Agreement (this “EULA”) is a legal agreement between you (“Licensee”) and Inspire Insight, LLC (“Licensor”), the author of Inspire Insight, including all HTML files, XML files, Java files, graphics files, animation files, data files, technology, development tools, scripts and programs, both in object code and source code (the “Software”), the deliverables provided pursuant to this EULA, which may include associated media, printed materials, and “online” or electronic documentation. By installing, copying, or otherwise using the Software, Licensee agrees to be bound by the terms and conditions set forth in this EULA. If Licensee does not agree to the terms and conditions set forth in this EULA, then Licensee may not download, install, or use the Software.

Grant of License
1. Scope of License. Subject to the terms of this EULA, Licensor hereby grants to Licensee a royalty-free, non-exclusive license to use a copy of the Software.
2. Use and Access. Licensee may use and access the Software solely for Licensee’s business and personal use. Use and access shall be limited to the Licensee and not shared with other parties. Sharing access shall be deemed a violation of this agreement and appropriate action will be taken by the Licensor.
3. Type of License. Varying license permissions, features and related pricing are offered to accommodate different use-cases and entity types of individual Licensees. Licensor reserves the right to charge different fees for use of the Software based on the use-cases and entity types of individual Licensees, and to revoke, cancel or restrict access to some or all of the features of the Software at Licensor’s sole discretion based on the use-cases and entity types of individual Licensees. Licensor considers three different entity types and related use-cases when determining which features to enable and what fees to charge for the Software:
  1. Basic Use - Individual Investor. Individual, non-professional investor who will be using only the “Basic” features available to the general public without cost at inspireinsight.com. No commercial use is allowed under this license.
  2. Professional Use - Individual Financial Professionals. Individual financial professionals, such as financial advisors, or individual investors who desire access to Professional features. Commercial use is allowed under this license, but is limited to one individual per license and may not be shared with any other individual. Pricing and terms of Professional Use licenses shall be published at pro.inspireinsight.com.
  3. Institutional Use - Financial Institutions. Institutions and their employees/agents, including but not limited to entities such as asset managers, mutual fund/ETF managers, index providers, registered investment advisors, broker-dealers, foundations, retirement plans, pensions, endowments and others. Commercial use is allowed under this license, as well as multiple users. Number of allowed users and fee for Institutional Use is determined on a case-by-case basis, taking into account the size and scope of the institutional Licensee’s business use-case. Pricing and terms for specific Institutional Use Licensees shall be included as an Exhibit to the EULA signed by institutional Licensees.
Description of Rights and Limitations
1. Limitations. Licensee and third parties may not reverse engineer, decompile, or disassemble the Software, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding the limitation.
2. Update and Maintenance. Licensor shall provide updates and maintenance on the Software on an as needed basis.
3. Separation of Components. The Software is licensed as a single product. Its components may not be separated for use.
Title to Software. Licensor represents and warrants that it has the legal right to enter into and perform its obligations under this EULA, and that use by the Licensee of the Software, in accordance with the terms of this EULA, will not infringe upon the intellectual property rights of any third parties.
Intellectual Property. All now known or hereafter known tangible and intangible rights, title, interest, copyrights and moral rights in and to the Software, including but not limited to all images, photographs, animations, video, audio, music, text, data, computer code, algorithms, and information, are owned by Licensor. The Software is protected by all applicable copyright laws and international treaties.
No Support. Licensor has no obligation to provide support services for the Software.
Duration. This EULA is effective for the length of the Licensee’s membership or until:
1. Automatically terminated or suspended if Licensee fails to comply with any of the terms and conditions set forth in this EULA; or
2. Terminated or suspended by Licensor, with or without cause.
In the event this EULA is terminated, you must cease use of the Software.
Payment in Advance. The Licensor may choose to offer a discounted subscription price for annual memberships when paid in advance. In this case, the Licensee has 30 days from initial subscription to request a full refund and cancelation of membership. If the membership is canceled after the first 30 days, no refund will be granted.
Jurisdiction. This EULA shall be deemed to have been made in, and shall be construed pursuant to the laws of the State of Idaho, without regard to conflicts of law provisions thereof. Any legal action or proceeding relating to this EULA shall be brought exclusively in courts located in Meridian, ID, and each party consents to the jurisdiction thereof. The prevailing party in any action to enforce this EULA shall be entitled to recover costs and expenses including, without limitation, attorneys’ fees. This EULA is made within the exclusive jurisdiction of the United States, and its jurisdiction shall supersede any other jurisdiction of either party’s election.
Non-Transferable. This EULA is not assignable or transferable by Licensee,and any attempt to do so would be void.
Severability. No failure to exercise, and no delay in exercising, on the part of either party, any privilege, any power or any rights hereunder will operate as a waiver thereof, nor will any single or partial exercise of any right or power hereunder preclude further exercise of any other right hereunder. If any provision of this EULA shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this EULA shall otherwise remain in full force and effect and enforceable.
Warranty Disclaimer. Licensor, AND AUTHOR OF THE SOFTWARE, HEREBY EXPRESSLY DISCLAIM ANY WARRANTY FOR THE SOFTWARE. THE SOFTWARE AND ANY RELATED DOCUMENTATION IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. LICENSEE ACCEPTS ANY AND ALL RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE.
LIMITATION OF LIABILITY. LICENSOR SHALL NOT BE LIABLE TO LICENSEE, OR ANY OTHER PERSON OR ENTITY CLAIMING THROUGH LICENSEE ANY LOSS OF PROFITS, INCOME, SAVINGS, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, DIRECT OR INDIRECT DAMAGE, WHETHER ARISING IN CONTRACT, TORT, WARRANTY, OR OTHERWISE. THESE LIMITATIONS SHALL APPLY REGARDLESS OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. UNDER NO CIRCUMSTANCES SHALL LICENSOR’S AGGREGATE LIABILITY TO LICENSEE, OR ANY OTHER PERSON OR ENTITY CLAIMING THROUGH LICENSEE, EXCEED THE FINANCIAL AMOUNT ACTUALLY PAID BY LICENSEE TO LICENSOR FOR THE SOFTWARE.
Entire Agreement. This EULA constitutes the entire agreement between Licensor and Licensee and supersedes all prior understandings of Licensor and Licensee, including any prior representation, statement, condition, or warranty with respect to the subject matter of this EULA.
Acknowledgement. I hereby agree to comply with and be bound by the terms of use stated herein, including any Exhibits and Addendums. I acknowledge that I have received a copy of Licensor's Privacy Policy, which is publicly available on Licensor's website.
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