THESE TERMS AND CONDITIONS (“AGREEMENT”) GOVERN ACCESS TO AND USE OF SOCIAL PROGRESS IMPERATIVE’S PUBLIC AND PREMIUM ONLINE TOOLS,SUBSCRIPTIONS AND RELATED CONTENT INCLUDING BUT NOT LIMITED TO THE GLOBAL SOCIAL PROGRESS INDEX, THE US SOCIAL PROGRESS MAP, THE SOCIAL PROGRESS INDEX TIME SERIES, AND THE JUST TRANSITION SCORE (“TOOLS”). TOOLS MAY BE PROVIDED BY SOCIAL PROGRESS IMPERATIVE TO SPONSORS AND SUPPORTERS (THE “USER”).
BY ACCESSING, DOWNLOADING, INSTALLING, OR OTHERWISE USING THE TOOL(S) IN ANY WAY, THE USER AGREES TO BE BOUND BY THIS AGREEMENT IN ITS ENTIRETY. IF YOU DO NOT AGREE, IMMEDIATELY CEASE USE OF THE TOOL(S) AND DESTROY ALL COPIES OF THE TOOL(S) AND RELATED MATERIAL IN YOUR POSSESSION.
5. Trial Access. If Social Progress Imperative has made available to Users a free, trial, or evaluation access to any of the Premium Tools and/or related materials (“Trial Access”), such access is limited to evaluating the product only. Customers may not use Trial Access for any other purposes, including but not limited to competitive analysis, commercial, professional, or for-profit purposes. Upon expiration of Trial Access access, access to the Premium Tools will cease.
6. Ownership of the Data. The Tools, including without limitation any other copyright and intellectual property therein, are and will remain the exclusive property of Social Progress Imperative. Nothing contained in this Agreement will be deemed to transfer to the User any proprietary interest or other rights in the Tools, its dataset, or in any copyright, trademarks, patents, or other intellectual property of Social Progress Imperative, except to the extent expressly granted by this Agreement.
7. Disclaimer of Warranties. The Tools are provided “as is.” Social Progress Imperative assumes no responsibility for errors or omissions in the Tools, data sets, or related products and makes no warranty expressed or implied, including without limitation of the merchantability, fitness for a particular purpose, or non-infringement.
8. Warrants and Representations. Social Progress Imperative warrants and represents that it is the copyright holder of the Tools and that granting access to the User does not violate any other agreement, copyright, or applicable statute.
9. Indemnification. The User will indemnify and hold harmless Social Progress Imperative, its officers, directors, employees, agents, and affiliates, from and against any and all claims, demands, suits, actions, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or in connection with a) any breach by the User of any provision of this Agreement; (b) the User's use of the Tool; and (c) any claim that the Tools are inaccurate or incomplete.
10. Terms. For Premium Tools, this Agreement will commence upon acceptance of the Premium Tool(s) and will remain in effect for the period of 12 months unless otherwise stated in writing.
11. Termination. This Agreement will be terminated, and access to the Tools will be forfeited where the User has failed to comply with any of the terms of this Agreement or is in breach of this Agreement. If this occurs, the User is not entitled to a refund of any donation or fee. Upon termination of this Agreement for any reason, the User will promptly destroy all copies of Tools and related materials in their possession.