The following terms shall apply to any Information Product, “Information Product” will mean any data or service provided by Rzolut Technologies Pte Ltd (“Rzolut”), as sold by Alessa Inc. (“Alessa”).

 

1. The Information Product is owned by Rzolut and Rzolut grants to the Customer a limited, non-exclusive, non-transferable, right to use, the Information Product solely in connection with the Customer’s permitted use of the Information Product set out in the applicable order form. The license shall be restricted to use by Customer and does not include the right to use the Information Product on behalf of any third party.

2. The Customer acknowledges that access to and use of the Information Product is licensed to the Customer for use up to the number of licenses or other metric purchased by the Customer and set forth on its applicable order form.

3. The total cumulative liability of Rzolut to any Customer for any and all claims and damages related to the Information Product, whether arising by statute, contract, tort or otherwise, will not exceed the fees paid and payable by the Customer to Rzolut or Alessa under the order form which forms the subject of the claim during the twelve (12) month period immediately preceding the event giving rise to the claim.

4. Customer must comply fully with all applicable laws and regulations (including relevant export restrictions and regulations).

5. Upon any termination or expiration of the Customer Agreement, Alessa shall no longer provide the applicable Information Product to the Customer and the Customer shall promptly cease and cause its users to promptly cease using the Information Product and shall destroy all copies of the Information Product in its possession.

6. (i) Rzolut owns all right, title and interest to the Information Product and all data provided by such licensor (including all modifications, updates and enhancements thereto) and (ii) Rzolut shall have the right to aggregate and de-identify the information provided by Customer including, without limitation, all Customer provided content (“Anonymous Data”) and use the Anonymous Data without restriction for its business purposes (provided that it does not use any specific Customer content, or Anonymous Data in a manner that could identify Customer). In addition, Rzolut collects information and data on how the Information Product is used by customers and reserves the right to disclose to and share such information and data with third parties in an anonymous and aggregate form at its discretion.

7. Customer shall not (and shall not allow any third party to): (i) permit any party to access and/or use the Information Product, other than its authorized users (i.e., its personnel); (ii) rent, lease, loan, or sell access to the Information Product; (iii) interfere with, disrupt, alter, translate, or modify the Information Product or any part thereof, or create an undue burden on the Information Product or the networks or services connected to the Information Product, including without limitation, any external websites that are linked to on the Information Product; (iv) reverse engineer, decompile, disassemble, or otherwise derive or determine or attempt to derive or determine the source code (or the underlying ideas, algorithms, structure or organization) of the Information Product; (v) introduce software or automated agents or scripts to the Information Product so as to produce multiple accounts, generate automated searches, requests and queries, or to strip or mine data from the Information Product; or (vi) perform or publish any performance or benchmark tests or analyses relating to the Information Product or the use thereof.

8. Customer represents and warrants that any Customer provided content and materials shall not (a) infringe any copyright, trademark, or patent; (b) misappropriate any trade secret; (c) be deceptive, defamatory, obscene, pornographic or unlawful; (d) contain any viruses, worms or other malicious computer programming codes able to damage the Information Product, any third party content, or other data of the Information Product; or (e) otherwise violate the rights of a third party.

9. NEITHER RZOLUT NOR ITS THIRD-PARTY PROVIDERS WARRANT THAT THE PROVISION OF THE INFORMATION PRODUCT WILL BE UNINTERRUPTED, ERROR FREE, TIMELY, COMPLETE OR ACCURATE, NOR DO THEY MAKE ANY WARRANTIES AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SAME. USE OF THE INFORMATION PRODUCT AND RELIANCE THEREON IS AT USER’S SOLE RISK. NEITHER RZOLUT OR ITS THIRD-PARTY PROVIDERS WILL IN ANY WAY BE LIABLE TO USER OR ANY OTHER ENTITY OR PERSON FOR THEIR INABILITY TO USE THE INFORMATION PRODUCT, OR FOR ANY INACCURACIES, ERRORS, OMISSIONS, DELAYS, COMPUTER VIRUS OR OTHER INFIRMITY OR CORRUPTION, DAMAGES, CLAIMS, LIABILITIES OR LOSSES, REGARDLESS OF CAUSE, IN OR ARISING FROM THE USE OF THE INFORMATION PRODUCT. THE INFORMATION PRODUCT IS PROVIDED ON AN “AS IS” BASIS AND WITHOUT WARRANTY OF ANY KIND. NO WARRANTIES EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANT ABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, INFRINGEMENT OR OTHERWISE IS PROVIDED HEREUNDER.

IN NO EVENT WILL ALESSA, RZOLUT OR ITS THIRD-PARTY PROVIDERS BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES ARISING IN CONNECTION WITH INFORMATION PRODUCT EVEN IF RZOLUT OR ITS THIRD PARTY PROVIDERS OR THEIR REPRESENTATIVES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES.