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Forge Intelligence

Free Trial License Agreement

Version 1002•September 2023

This Free Trial License Agreement (this “Agreement”) contains terms and conditions that govern your access to and use of the Free-Trial Services (as defined below) provided by Forge Data LLC (“Forge”), and is a contract between you,or the entity or organization that you represent, and Forge.

If you are an individual accessing the Free-Trial Services for your own purposes: (1) all references to “Customer” are to you; and (2) you represent and warrant that you are at least 18 years of age, or have otherwise reached the age of “majority” where you reside, and that you have the right, power and authority to enter into this Agreement. If you are accessing the Free-Trial Services on behalf of an entity or organization that you represent: (1) all references to “Customer” are to that entity or organization; and (2) you represent and warrant that you are at least 18 years of age, or have otherwise reached the age of “majority” where you reside, and that you have the right, power and authority to enter into this Agreement on behalf of Customer.

This Agreement becomes binding and effective on Customer upon the earliest of: (1) when you access or use the Free-Trial Services; (2) when you click an “I Accept,” “Sign up” or similar button or check box referencing this Agreement; or (3) when you execute an order form with Forge.

Forge shall provide Customer with access to the Free-Trial Services for the duration of the Trial. The “Trial” will begin when Forge grants Customer access to the Free-Trial Services and will continue for 30 calendar days, unless such period is modified or extended by Forge in its sole and absolute discretion. As used in this Agreement: (i) “Free-Trial Services” includes Forge Intelligence and any other data products or services made available by Forge to Customer on a trial basis; and (ii) “Forge Intelligence” means the online Forge Intelligence platform and all websites, information, and software made available on that platform, along with any documentation provided.

  1. Forge hereby grants Customer a limited, nonexclusive, revocable, non-transferrable and nonassignable, license to access and use Free-Trial Services for Customer’s internal evaluation purposes only, and for no other use or purpose. Without limiting the generality of the foregoing, Customer shall not: use the Free-Trial Services for any commercial purpose; make the Free-Trial Services available to any third party; or use the Free-Trial Services for any purpose not permitted herein.
  2. As between Forge and Customer, Forge is the exclusive owner of all intellectual property rights in and to the Free-Trial Services. Nothing in this Agreement grants Customer any ownership interest in any Free-Trial Services. To the extent the Free-Trial Services include any third party intellectual property, Forge has obtained all licenses necessary to incorporate that intellectual property into such FreeTrial Services.
  3. Customer acknowledges and agrees that its access to the Free-Trial Services requires that Customer obtain and maintain third party products and services, including but not limited to internet service providers and computer hardware, and that Customer is solely responsible for the acquisition and maintenance thereof.
  4. Forge data and all information made available via the Free-Trial Services is confidential information belonging to Forge. Customer shall not disclose any such information to any third party without Forge’s prior written consent.
  5. THE FREE-TRIAL SERVICES ARE PROVIDED TO THE CUSTOMER “AS-IS” WITH ALL FAULTS. NEITHER FORGE NOR ANY FORGE AFFILIATE MAKES ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, CONCERNING THE ACCURACY, ADEQUACY, TIMELINESS, OR COMPLETENESS OF THE FREETRIAL SERVICES OR THE RESULTS OBTAINED BY THEIR USE OR AS TO THE PERFORMANCE THEREOF, OR AS TO THE MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE OF THE FREE-TRIAL SERVICES. NEITHER FORGE NOR ANY AFFILIATE WILL HAVE ANY LIABILITY TO CUSTOMER OF ANY KIND, AT LAW OR EQUITY, TO CUSTOMER ARISING FROM CUSTOMER’S USE OF THE FREE-TRIAL SERVICES. NEITHER PARTY NOR ANY AFFILIATE OF SUCH PARTY WILL BE LIABLE TO THE OTHER PARTY FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR RELIANCE DAMAGES, LOST OR IMPUTED PROFITS, LOST DATA (INCLUDING CUSTOMER DATA), COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF USE, INTERRUPTION OF BUSINESS, TRADING LOSSES, LOST REVENUE, LOST BUSINESS GOODWILL OR REPUTATION, OR FOR ANY SIMILAR CLAIM, WHETHER LIABILITY IS ASSERTED IN CONTRACT, TORT, WARRANTY, INDEMNITY, CONTRIBUTION, OR OTHERWISE, EVEN IF FORESEEABLE AND REGARDLESS OF WHETHER A PARTY OR ANY RELATED ENTITY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
  6. Forge reserves the right to suspend or cancel the Trial, in whole or in part, at any time, or terminate this Agreement at any time for any reason and with or without notice. Customer may cancel the Trial at any time by contacting Forge at [email protected]. Forge may change or modify the Free-Trial Services, or the terms of this Agreement, at any time in its sole and absolute discretion.
  7. After expiration or termination of the Trial, Customer will lose access to the Free-Trial Services and shall promptly delete any copies of Forge data in its possession except that Customer may retain one (1) copy of relevant Forge data necessary to comply with applicable regulations or document retention policies. At Forge’s request, Customer shall provide Forge with written certification of its compliance with this paragraph.
  8. The Trial and this Agreement will be enforced according to the laws of New York State without regard for conflicts of laws principles. The state or federal courts of New York County, New York, will have exclusive jurisdiction over any dispute arising out of or relating to this Agreement and Customer waives any right to object to that jurisdiction on the basis of forum non conveniens or any other doctrine.
  9. Neither party may assign this Agreement to any other entity without the other party’s prior written consent (email not sufficient),except that such consent will not be required for Forge to assign this Agreement to any Forge affiliate or to any other entity as the result of a corporate reorganization or the acquisition of all or substantially all of Forge’s assets.
  10. Forge shall provide Customer with written notice that Customer’s access to the Free-Trial Services has been activated, along with any instructions for gaining access to the Free-Trial Services during the Trial. Customer shall comply with all written instructions, rules, or other terms provided by Forge during the Trial. Only those individuals identified in writing to and approved by Forge as “Authorized Users” may access the Free-Trial Services.
  11. Customer acknowledges and agrees that Forge or a Forge affiliate may use information provided by Customer or in connection with the Trial, including any personal information of Customer or Customer personnel, for purposes of providing Customer with access to the Free-Trial Services during the Trial. Forge’s use of all such information will be governed by Forge’s privacy policy, available at https://forgeglobal.com/privacy-policy/. Customer represents and warrants that it has obtained all rights, consents, or permissions necessary to provide such information.