Terms and Conditions for Narratives for Qlik®
If Customer chooses to provide Narrative Science with ideas or suggestions regarding any Narrative Science products or services, Customer agrees that Narrative Science is free to use any such ideas and suggestions for any purpose, including, without limitation, developing, improving and marketing products and services, without any liability or payment of any kind to Customer.
Any terms or provisions of this Agreement, including those affecting warranties, indemnities, limitation of liability, etc., which by their nature extend beyond the expiration or termination of this Agreement shall remain in effect and survive the termination or expiration hereof.
(b) Narrative Science shall not be liable to Customer for any special, consequential, incidental, punitive or indirect damages, losses, costs or expenses of any kind or any lost or imputed profits arising out of the use of the Service, this Agreement, or the termination thereof, however caused, and whether based in contract, tort (including negligence), product liability or any other theory of liability regardless of whether Narrative Science has been advised of the possibility of such damages, losses, costs or expenses. Customer waives any claims that these exclusions deprive it of an adequate remedy. Narrative Science's liability to Customer for any claims arising under this Agreement or in connection with the use of the Service shall not exceed $1,000.00.
(a) Representations and Warranties; Disclaimer of Warranties. Each party represents and warrants to the other party that such party has all necessary right, power and authority to enter into this Agreement. Customer represents and warrants that (i) all data that it provides or otherwise makes available to Narrative Science shall be provided in accordance with all applicable laws and regulations, (ii) that it is authorized to provide such data for the use intended hereunder and (iii) no personally identifiable information shall be provided to Narrative Science. Except as specifically provided for above, Narrative Science expressly disclaims any and all warranties of any kind, whether express or implied, including, but not limited to, any implied warranties, including but not limited to, warranties of merchantability, fitness for a particular purpose, title and non- infringement. Narrative Science makes no warranty that the Service will be uninterrupted, timely, or virus free. Customer expressly agrees and acknowledges that the Service is free and provided on an as-is basis.
(b) Jurisdiction and Governing Law; Attorney's Fees. Each party consents to the exclusive personal jurisdiction of the state and federal courts located in Cook County, Illinois and agrees that any claim against the other arising from or in connection with this Agreement shall be brought in such courts. The rights and obligations of the parties under this Agreement shall be governed by and construed under the laws of the State of Illinois without reference to conflict of laws principles. In any legal proceeding relating to a dispute arising out of or relating to this Agreement, the prevailing party shall be entitled to an award of legal fees and costs.
(c) Force Majeure. Neither party shall be deemed in default of this Agreement to the extent that performance of its obligations or attempts to cure any breach are delayed or prevented by reason of any act of God, fire, natural disaster, accident, riots, acts of government, shortage of materials or supplies, or any other cause beyond the reasonable control of such party; provided, that the party whose performance is affected by any such event gives the other party written notice thereof within three (3) business days of such event or occurrence.
(d) Relationship. The relationship of Customer and Narrative Science established by this Agreement is that of independent contractors, and neither party is an employee, agent, partner or joint venture of the other.
(e) Notice. Any notice, communication or statement relating to this Agreement from Narrative Science to Customer shall be sent to the email address provided by Customer during registration for the Service. Any notice, communication or statement relating to this Agreement from Customer to Narrative Science shall be in writing and deemed effective: (i) upon delivery when delivered in person; or (ii) upon delivery when delivered by registered or certified mail, postage prepaid, return receipt requested or by nationally-recognized overnight courier service and shall be sent to the following:
Narrative Science Inc.
303 East Wacker Drive
Chicago, IL 60601
Phone: (312) 477-0590
(f) Successors and Assigns. Customer may not, directly or indirectly, in whole or in part, by operation of law or otherwise, assign or transfer this Agreement or delegate any of its obligations under this Agreement without Narrative Science's written consent. Any attempted assignment, transfer or delegation without such prior written consent will be void and unenforceable. In the event that this Agreement is validly assigned, then this Agreement shall be binding upon and inure to the benefit of the parties hereto, their successors and assigns.
(g) Waivers. The failure of either party to insist upon or enforce strict performance by the other or to exercise any right under this Agreement shall not be construed as a waiver or relinquishment to any extent of such party's right to assert or rely upon any such provision or right in that or any other instance, and the same shall be and remain in full force and effect.
(h) Equitable Relief. Licensee acknowledges that Narrative Science may be irreparably harmed by a breach of the terms of this License Agreement and that damages, alone, may not be an adequate remedy. Customer agrees that, in addition to any other rights or remedies permitted under applicable law, Narrative Science will have the right to enforce this License Agreement by injunctive or other equitable relief without the need to prove actual damages or post a bond.
(i) Modification of Terms. Narrative Science reserves the right to modify this Agreement, effective upon Narrative Science's notification to Customer of such modification. Customer is responsible for regularly reviewing this Agreement. Continued use of the Service after any such modification to the terms of the Agreement shall constitute Customer consent to such changes.
(j) Entire Agreement. This Agreement sets forth the entire agreement and understanding of the parties relating to the subject matter hereof, and merges all prior discussions and writings between them with respect to the contents of this Agreement. If any provision (or part thereof) of this Agreement is determined by a court of competent jurisdiction as part of a final non- appealable ruling, government action or binding arbitration, to be invalid, illegal, or otherwise unenforceable, such provision shall be enforced as nearly as possible in accordance with the stated intention of the parties, while the remainder of this Agreement shall remain in full force and effect and bind the parties according to its terms.