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Terms of Service
Status: October 12th, 2018
Disclaimer of liability
The materials from Cognism Ltd. Websites are provided "as is". Cognism Ltd. makes no warranties, express or implied, and hereby disclaims all other warranties. This includes, but is not limited to, implied warranties or conditions with respect to merchantability, usability, non-infringement of intellectual property, or with respect to any other infringement of the law. Furthermore, Cognism Ltd. neither concessions with regard to the accuracy, expected results or the reliability of use of the materials provided on their website, nor any other warranties with regard to these materials or any website that is linked to cognism.com.
Under no circumstances is Cognism Ltd. liable. or one of its providers for any damage resulting from the use or inability to use the materials on the Cognism Ltd. website (this includes, but is not limited to, damage caused by loss of data or profit or due to Business interruptions occur). This also applies in the event that Cognism Ltd. or one from Cognism Ltd. The authorized representative has been informed orally or in writing of the possibility of such damage. To the extent that some jurisdictions do not allow limitations on implied warranties or a reduction in the scope of liability for incidental or consequential damages, those limitations may not apply to you.
Corrections and errors
The materials contained on the Cognism Ltd. website may contain technical, typographical or photographic errors. Cognism Ltd. guarantees neither that the materials provided are free of errors, nor that they are complete or up-to-date. Cognism Ltd. has the right to change the materials on its website at any time and without prior notice, but is not obliged to update the same.
You agree to defend Cognism, to hold it harmless and to indemnify you against all losses, costs, expenses, damages or other liabilities that arise for Cognism from or in connection with a cause of action, a claim, a legal dispute, a procedure, a claim or a Any legal action brought against Cognism by a third party is subject to the following conditions: (a) We will notify you in writing of any such claim, claim, lawsuit, liability, cost, loss, or threat of any kind in this regard; (b) we will cooperate with you in defending or resolving any such matter; and (c) give you control over the appropriate defense or settlement. We have the right to take part in such a defense at our own expense and to be represented by our legal advisor. We reserve the right to report any misconduct that we become aware of to the appropriate government or other authorities.
Any legal claims arising in connection with the websites of Cognism Ltd. are subject to the law of Great Britain without taking into account IPR (international private law).
You declare that you will not reproduce, duplicate, copy, sell or resell any data made available to you by any service provided by Cognism Ltd., including Cognism (hereinafter the "Product"). You are only to use the product for your internal business purposes. You are not entitled to use the product or any software for the benefit of a third party. This includes the resale or the disclosure of said data.
You understand and expressly agree that Cognism cannot be made liable in any way for direct, indirect or special collateral damage, consequential damage or other damage. This applies including, but is not limited to, damage caused by loss of profit, goodwill impairment, use, loss of data or other immaterial damage (also in the event that Cognism has been informed of the possibility of such damage) and your use of the API or the use of third-party products that access data via this API. Abusive or excessively frequent access to Cognism's API can lead to the temporary or permanent blocking of your account access. It is at Cognism's sole discretion to decide when there is improper or excessively frequent access to the API. Before such a block, Cognism will make a reasonable attempt to send the account holder a corresponding warning by email. Cognism Ltd. reserves the right to temporarily or permanently modify or terminate your access to the API (or any part thereof) at any time and without notice.
Cognism Google Chrome Extension - End User License Agreement
Status: July 2020
ALL USE, DOWNLOADING AND INSTALLATION OF EACH VERSION AND ITERATION OF THE COGNISM-GOOGLE CHROME EXTENSION (CONTINUED “COGNISM EXTENSION”) ARE SUBJECT TO THE FOLLOWING END USER EULA LICENSE. THE COGNISM EXTENSION IS PROVIDED FOR USE ON THE CHROME WEB BROWSER ONLY. PLEASE READ THE “EULA” LISTED HERE FULLY AND CAREFULLY BEFORE USING THE COGNISM EXTENSION, AS IT EXPLAINS UNDER WHAT CONDITIONS YOU ARE ALLOWED TO USE THE COGNISM EXTENSION.
EACH USE OF THE COGNISM EXTENSION IS CONDITIONED BY YOUR ACCEPTANCE AND COMPLIANCE WITH THE "EULA" LISTED HERE AND IS SUBJECT TO IT. ANY USE, REPRODUCTION, OR REDISTRIBUTION OF THE COGNISM EXTENSION THAT IS NOT COMPLIANT WITH THE “EULA” HERE IS EXPRESSLY PROHIBITED. IF YOU DO NOT AGREE TO THE "EULA" OR ANY PART OF IT, YOU ARE NOT PERMITTED TO USE, DOWNLOAD, OR INSTALL THE COGNISM EXTENSION.
1.1 The Cognism extension and all associated electronic or online documentation were created by Cognism and are the property of Cognism Ltd. (henceforth “Cognism”), which in this “EULA” will henceforth also be referred to as “us”, “we”, “our” and “our”. Our registered office is at 12 Times Court Retreat Road, Richmond, England, TW9 1AF. We are a company registered in England and Wales with company number 09392705.
1.2 The following conditions regulate the relationship between you (henceforth "you") and us with regard to downloading, installing and using the Cognism extension. All terms not explicitly defined below in capital letters are to be interpreted with the interpretation given to them in the general conditions.
1.3 By downloading and using the Cognism extension, you agree to be bound by the "EULA" listed here and to become a contracting party to this agreement. If you do not agree to any provision of the “EULA” listed here, you are not entitled to download the Cognism extension or to use it.
1.4 In the event that you are under eighteen years of age, you are not permitted to download, install or use the Cognism extension.
2.1 All rights, titles, interests, property rights as well as all copyrights, design rights, database rights, all patents and rights to invention, know-how, trade and business names, trade secrets (whether these are registered or not) and the right to submit applications for them and other intellectual property rights (collectively “Intellectual Property Rights”) in relation to the Cognism extension and its content (“Content”) belong to us and / or our licensors. With the exception of the rights expressly granted hereunder, all rights are reserved. The Cognism extension or its content may contain licensed material. In the event of a violation of one of the provisions listed here, our licensors are entitled to take appropriate measures to protect their interests.
2.2 The Cognism extension and any content it contains is not sold to you. We grant you a non-exclusive, limited, personal, revocable, non-sublicensable and non-assignable license to use the Cognism extension and its content on devices that You have them that are controlled by you and that meet the necessary requirements to be able to operate the Cognism extension.
3.1 You may only use the Cognism extension and its content within the framework of your status as an "AUTHORIZED USER".
3.2 You are obliged to comply with the PROVISIONS corresponding to your use of the Cognism extension and its content, including all data protection provisions of our customer.
3.3 You are prohibited from using the Cognism extension or its content in a manner that violates the PROVISIONS of the agreement listed here; leads a CUSTOMER to breach them; or to grant or encourage such use to a third party.
- SYSTEM AND PLATFORM REQUIREMENTS
4.1 This Cognism extension is only available for downloading and use via the Google Chrome web browser. It was designed to be compatible with the latest version of the Google Chrome web browser and the operating systems available at the time of publication. Google and operating system and device manufacturers may occasionally update their web browser, software and / or devices. If necessary, Cognism can also update the Cognism extension in order to continue to guarantee its functionality and performance after such updates, but is not obliged to do so. On your part, you are obliged to ensure that you are using the latest publicly compatible version of the Google Chrome web browser, the device you are using, the operating system and the corresponding software. It is up to Cognism to occasionally ask you to update the Cognism extension.
4.2 To get access to the Cognism extension and to use it, you need the Google Chrome web browser and an internet connection, which you have to get yourself at your own expense.
- TERM AND TERMINATION
5.1 The "EULA" listed here comes into effect immediately after downloading, installing and / or using the Cognism extension and is legally binding until this agreement is terminated by one of the two contracting parties. You are entitled to revoke the "EULA" at any time by removing the Cognism extension from your Google Chrome web browser. Should you violate any of the provisions listed here, this “EULA” will automatically expire. After termination of the relationship, you are strictly prohibited from continuing any use of the Cognism extension and you are obliged to remove the Cognism extension from your Google Chrome web browser.
5.2 The following provisions of the "EULA" survive the termination of the relationship: provision 1 (introduction), provision 2 (right of ownership), provision 3 (restrictions), provision 5 (term and termination), provision 6 (limitations of liability) and provisions 7-13 ( General provisions).
- LIMITATION OF LIABILITY
6.1 The Cognism extension is provided "as is" and to the greatest possible extent permitted by applicable law. Cognism hereby rejects all express and tacit guarantees and conditions with regard to the Cognism extension, its use and the consequences of such use.This includes, but is not limited to, implied warranties regarding the satisfactory quality or serviceability of the extension for a particular purpose. Furthermore, Cognism expressly rejects any guarantees with regard to:
6.1.1 uninterrupted, error-free and fault-free access to the Cognism extension and its functionality;
6.1.2 remedying such a fault;
6.1.3 ensuring that it does not contain any viruses or otherwise harmful elements;
6.1.4 the fulfillment of advertising regulations or data protection requirements;
6.1.5 the use of adequate security measures; or
6.1.6 other assurances regarding the correctness, freedom from errors or reliability of the Cognism extension.
6.2 All warranties, representations, conditions or other provisions implied by law or custom are hereby excluded from this "EULA" to the greatest possible extent.
6.3 No provision of this agreement excludes Cognism's liability for the following cases:
6.3.1 Death or personal injury caused by negligence on the part of Cognism;
6.3.2 Fraud or fraudulent misrepresentation; or
6.3.3 any liability that cannot be excluded by law.
6.4 Subject to provision 6.3. Cognism shall not be liable under contract law or in relation to civil law offenses (including negligence or breach of an obligation prescribed by law), or in relation to misrepresentation (whether out of innocence or negligence), compensation or in relation to any other loss of profit or business loss , Goodwill impairment and / or comparable losses, nor in relation to the loss or damage to data information, in relation to pure financial losses, or any other special, indirect or other consequential damage, financial loss, costs, damages, fees or other expenses resulting from this "EULA" emerge.
6.5 Subject to Clauses 6.3 and 6.4, the entire scope of liability for Cognism under this Agreement, a civil offense (including negligence or breach of an obligation prescribed by law), misrepresentation (whether due to innocence or negligence), compensation or other claims in Connection with the performance or the expected performance of this "EULA" stating to the smallest of the (i) completely and actually to Cognism Ltd. Amount of money paid to Cognism in the last 12 months prior to the date of any such claim from the relevant CUSTOMER in relation to the use of the Cognism Extension under this “EULA” and (ii) subject to a limit of £ 1,000.
Any waiver of any of the rights set forth in this “EULA” will only be effective if made in writing.
The "EULA" described here only applies to you. You are prohibited from assigning, transferring, encumbering, subcontracting, or in any way with any or all of the rights and obligations accruing to you under these "EULAs" without the prior written consent of Cognism to act this.
- VALIDATIONAL REDUCTION
In the event that one of the provisions (or a part of the same) in this “EULA” is not legally binding, unenforceable or illegal, the validity of the other provisions listed will not be affected.
- GENERAL AGREEMENT
The present “EULA” regulates the complete relationship between the contracting parties and replaces all previously made agreements between them, whether verbal or in writing.
- THIRD PARTY RIGHTS
Pursuant to the UK Contracts (Rights of Third Parties) Act 1999, this “EULA” does not confer any rights on any third party (other than the parties to the “EULA” listed herein and (where applicable) their permitted ones Legal successors).
- APPLICABLE LAW AND JURISDICTION
This “EULA” is governed by and will be interpreted according to English and Welsh law. The contracting parties submit exclusively and irrevocably to the jurisdiction of the English courts.
We reserve the right to change this “EULA” for legal, regulatory, security or any other reason we consider appropriate. In such a case, we will inform you about the corresponding changes and it will then be necessary for you to agree to these changes in order to continue to use the Cognism extension.
- SUPPORT AND CONTACTING
The Cognism extension is offered to you "as is". However, should you require any help or assistance, please feel free to email us at [email protected] and we will do our best to assist you.
Our offices in London are ISO 27001 certified.
If you have any questions or concerns regarding our services or the conditions here, please do not hesitate to contact us at the following addresses:
Cognism, 12 Times Court Retreat Road, Richmond, England, TW9 1AF.
Company number: 09392705
Tax ID .: 262 4228 19
The translation into German provided here was carried out to the best of our knowledge and serves as a guide. In case of doubt, the original English text should be used.
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