Pursway grants the Customer a limited, worldwide non-transferable, non-sublicensable, non-exclusive license to use Pursway Connect and the delivered Audience Extension List for a period of 60 days (the “Term”).
Pursway and its suppliers retain all rights, title and interest in and to the license. Customer acknowledges that it is obtaining only a limited right to the license, and Pursway may terminate access at any time for any reason.
Customer will own all rights, title and interest in any and all list data that it provides to Pursway, which will be input using a hashing function for additional security and privacy protection.
Customer is required to provide Pursway with contact information in order to use Pursway Connect, including name and e-mail address.
Limitations of Use
Customer shall use the Audience Extension List only for its own internal business purposes, and will not reproduce, resell or publish derivative works.
Customer agrees that upon expiration of the Term, it is not permitted to use the Audience Extension List without a written subscription or other agreement giving it rights to do so. Otherwise, the Audience Extension List must be deleted.
Customer shall not violate the security of the Pursway Connect service, including: a) accessing an unauthorized server or account; b) attempting to breach security or interfere with the service; c) decompiling, disassembling, or otherwise reverse engineering any portion of the service, either directly or via a third party.
In any use of Pursway Connect output, Customer agrees to comply with the Federal CAN-SPAM Act of 2003 and any other applicable federal, territory, state, and local laws regarding direct marketing and consumer privacy.
Pursway uses physical, electronic and administrative safeguards designed to protect Customer’s personal information against loss, misuse or alteration. All information is stored securely and may only be accessed by employees with a legitimate business need to access the information.
Limitation of Liability
Pursway, Inc. shall not be responsible for, or incur any liability as a result of, delays or failures in the performance of Pursway in the event of any act or occurrence beyond the Pursway’s reasonable control.
Customer acknowledges that information and/or programs originating from or through Pursway and delivered to the Customer may be less than 100% error free and are furnished “AS IS,” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED.
Pursway may use information the Customer has provided to provide a service, ensure proper billing, measure consumer interest, or inform the Customer about products and services. Pursway does not sell or share our customer information with outside sources.
Customer allows Pursway a single placement of Customer’s corporate logo on Pursway’s website during the Term, indicating its use of Pursway Connect. Customer also opts in to our email list for communications and other promotions.
Upon Customer’s request, Pursway is authorized to work with subcontractors or third-party companies to manage, process and host Pursway Connect data for use by the Customer.