Free Trial Terms and Conditions
FREE OF CHARGE TRIAL VERSION FOR EVALUATION USE ONLY. ANY COMMERCIAL USE INCLUDING COMPETITIVE ANALYSIS IS PROHIBITED.
These Free Trial Terms and Conditions (the “Terms”) are entered into between Cognigy GmbH, Speditionstr. 1, 40221, Düsseldorf, Germany ("Cognigy") and the user ("You" or “Your”) who completes the trial request process on the Cognigy website to receive access to and use Cognigy.AI, including any documentation and other materials made available together with Cognigy.AI (the “Software”).
BY FILLING IN THE FORM TO RECEIVEACCES AND CLICKING THE BUTTON “Get Started”, YOU EXPRESSLY AGREE TO AND CONSENT TO BE BOUND BY THE TERMS. IF YOU DO NOT AGREE TO THE TERMS, YOU MUST NOT USE THE SOFTWARE.
1. Intellectual Property Rights and Limited License
1.1. Cognigy is the owner of the use and exploitation rights to the Software.
1.2 All intellectual and industrial property rights to the Software, and in particular the comprehensive copyright, together with all rights in the Software, documentation and other materials made available to You remain with Cognigy and its licensors. This legal status enjoyed by Cognigy and its licensors is unchanged by the limited license granted to You herein.
1.3 Cognigy grants You a non-exclusive, non-transferable temporary and limited license to use the Software for evaluation and non-commercial purposes only. The term of the license commences with Your free trial registration on the Cognigy website and ends in accordance with section 5 herein. Cognigy makes available the Software to You via Internet access and software-as-a-service only.
1.4 The Software may be used by You to create conversational artificial intelligences. The right to use the Software granted to You by Cognigy serves to demonstrate its functionality and properties. The conversational artificial intelligence created by using the Software and the Software itself may only be used for evaluation and non-commercial purposes by You. Any other use is strictly prohibited. You are not permitted to make available the Software in whole or in part, in whatsoever form or for whatsoever purpose. The license granted under these Terms is subject to the condition that the Software is used by You only, through Your registered user account and not by any third party.
1.5 You may not (a) reverse engineer, disassemble or otherwise attempt to driver or gain access to the source code of the Software, (b) copy, modify, adapt or otherwise create derivate works of the Software, (c) use the Software in violation of any applicable law.
1.6 Knowledge gained as a result of the use of the Software must not be used to develop software of its own in the same field of application (i.e. conversational artificial intelligences), nor be made available to third parties for this purpose. In particular, the Software must not be imitated. You are not allowed to manipulate the Software in order to exploit it beyond the permitted scope of use. Without Cognigy’s prior written permission, You must not use the Software to perform benchmark tests or issue benchmark results which compare the Software with other conversational artificial intelligences software products.
1.7 ANY MISUSE OF THE SOFTWARE OR INFRINGEMENT OF COGNIGY’S INTELLECTUAL PROPERTY RIGHTS MIGHT BE SUBJECT TO PROSECUTION AND CLAIMS FOR INDEMNIFICATION ACCORDING TO STATUTORY LAW.
1.8 You may but have no obligation to provide feedback, comments, ideas or other suggestions regarding the Software. If you provide any feedback, you agree that Cognigy may use such feedback for any purpose, without limitation and without any obligation to you.
2. No License Fee
As being a free trail edition, the right to use the Software as provided in section 1, is being granted to You on gratuitous loan basis and free of charge.
3. Limited Warranty
The Software is provided "as is". To the extent permitted by applicable mandatory law, Cognigy does not warrant that the Software will be uninterrupted, error or virus-free and no warranty of any kind, express or implied, including but not limited to the warranties of merchantability, fitness for a particular purpose, and non-infringement is made.
4.Limitation of Liability
4.1 Cognigy is only responsible for intent and gross negligence in accordance with mandatory law.
4.2 UNDER NO CIRCUMSTANCES IS COGNIGY LIABLE TO YOU FOR ANY DAMAGES BEYOND COGNIGY´S LIABILITY SET FORTH IN SECTION 4.1.
5.Term and Termination
5.1 These Terms commence when duly accepted by You.
5.2 The limited license granted in section 1 and Your user account registered for evaluation of the Software may be terminated by either party at any time. Cognigy‘s right to terminate the license according to the statutory provisions of a gratuitous loan agreement remains unaffected. After the termination of the license You are not allowed to access and use the Software.
6. Confidentiality
You agree that the Software is considered confidential information of Cognigy. You must protect Cognigy’s confidential information including, but not limited to, the Software from unauthorized dissemination and use with the same degree of care that You use to protect Your own like information but, in no event, less than a reasonable degree of care. You must not use Cognigy’s confidential information for purposes other than those necessary to directly further the purposes of these Terms. In no case You may disclose to third parties Cognigy’s confidential information without Cognigy’s prior written consent. The aforesaid confidentiality obligations survive the termination or expiration of these Terms for an unlimited period.
7. Use of Your Data, Processing of Personal Data and Privacy Policy
7.1 You grant Cognigy a limited, non-exclusive right to use Your data that You process with the Software to the extent necessary to perform Cognigy’s obligations under these Terms. Cognigy agrees that, as between You and Cognigy, Your data is considered Your property. You assume full responsibility for ensuring that you are entitled to grant Cognigy the foregoing right with respect to all Your affected data.
7.2 To the extent You provide personal data, Cognigy processes Your personal data in accordance with the Privacy Policy. Please refer to the Privacy Policy for more details on how Cognigy uses personal data and how to withdraw Your consent from receiving marketing communications.
7.3 Notwithstanding the foregoing, Cognigy is entitled to collect and analyze data created in connection with Your use of the Software and data derived from this use. You grant Cognigy the non-exclusive, perpetual, worldwide and free of charge right (a) to use this information and data to improve the Software and for other development, diagnostic and correction purposes in connection with the Software and other offers of Cognigy and (b) to pass on these data to third parties solely in summarized or other, unidentifiable and anonymous form in connection with its business.
7.4 Cognigy may but has no obligation to store or backup any data processed with the Software or work results that You achieve when using the Software (e.g. work results that you create in a conversational artificial intelligence trial project). It is Your sole responsibility to store and backup any of Your data and work results used or created in connection with Your trial use of the Software.
7.5 You must not upload information, programs or other material or data protected by data protection law, copyright or other industrial, personal or other intellectual property rights to the Software or allow third parties to upload such material or data without having the rights to do so. You must not import illegal information, programs, materials or data to the Software.
8. Miscellaneous
8.1 If any provisions of these Terms should be or become illegal, invalid or unenforceable under present or future laws, the remaining provisions shall not be affected thereby. The illegal, invalid or unenforceable provision shall be replaced by a valid provision that most closely reflects the economic intent of the illegal, invalid or unenforceable provision. The aforesaid applies respectively in any cases of omissions or regulatory gaps.
8.2 Cognigy may update these Terms from time to time and provide You with reasonable notice in case of material changes. Your continued use of the Software is deemed as acceptance of the updated Terms.
8.3 These Terms are governed and construed by the laws of the Federal Republic of Germany. The application of the UN Convention on the International Sale of Goods and the conflict of laws provisions under German law are hereby excluded.
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