Legal
End User License Agreement
Pricing Culture, Inc. ("Pricing Culture") and each of its affiliates and subsidiaries (collectively, "Pricing Culture"), agree to license the Software (defined below) to you only upon the condition that you accept all the terms contained in this End User License Agreement ("EULA"). This EULA is a legal agreement between you and Pricing Culture. Please read it carefully before completing the installation process and/or using the Software. By using the Software, you acknowledge that you have read the terms of this EULA and agree to them.
If you are agreeing to these terms on behalf of a company or other legal entity, you represent that you have the legal authority to bind that entity to these terms. If you do not have such authority, or if you do not wish to be bound by the terms, you may not use the Software or any other media on which the Software is contained.
1. Definitions
1.1 Software: Software is defined as Pricing Culture’s platforms and APIs, including but not limited to Pricing Culture Platform, Pricing Culture APIs, Pricing Culture Web Sockets, Machine Generated Platform, Machine Generated APIs, Machine Generated Web Sockets, as well as any other software, updates, or error corrections provided by Pricing Culture, and any associated data, media, files, user manuals, programming guides, signals, messages, alerts, and other documentation provided to you by Pricing Culture or otherwise disseminated by Pricing Culture.
1.2 Content and Data: Content and Data is defined as all text, images, audio, video, and other forms of data or communication provided or made available through the Software by Pricing Culture.
1.3 License: License is defined as a limited, revocable, non-sublicensable, non-exclusive, non-transferable right to use the Software and Content and Data, granted to you.
1.4 Direct Publishing: Direct Publishing is defined as taking data and content delivered by Pricing Culture's feeds and publishing them without any meaningful or substantive modifications.
1.5 Modified Publishing: Modified Publishing is defined as taking data and content delivered by Pricing Culture, modifying them in a meaningful and substantive way before publishing.
1.6 Data Feeds and Data Products: Data Feeds and Data Products are defined as feeds and products offered via pricingculture.com.
1.7 Content Feeds and Content Products: Content Feeds and Content Products are defined as feeds and products offered via machinegenerated.com.
1.8 Personal Use: Use of the Software, Content, and Data solely for personal, non-commercial purposes.
1.9 Individual Content Creator Use: Individual Content Creator Use is defined as the use of modified data and content for commercial activities by individual content creators, including but not limited to blogging, vlogging, and other forms of independent media production. Substantial and meaningful modifications to the data and content are required before publishing. When utilizing Pricing Culture's data and content, content creators must attribute and annotate the source data and content used to Pricing Culture Inc.
1.10 Independent Developer Use: Independent Developer Use is defined as the use of the Software, Content, and Data by independent developers for the purpose of developing and distributing applications, tools, or services, provided that such use involves meaningful and substantive modifications before any commercial distribution. When utilizing Pricing Culture's data and content, developers must attribute and annotate the source data and content used to Pricing Culture Inc.
2. Grant of License
2.1 Software License
Pricing Culture grants you the right to install, use, access, display, and run the Software on any computer or mobile device that you own or control, for personal use, Individual Content Creator Use, and Independent Developer Use, unless you and Pricing Culture have agreed otherwise in writing, and provided that you comply with all terms and conditions of this EULA. You may not modify the Software in any way. This agreement does not allow for modifications, decompiling, reverse-engineering, disassembling, attempting to derive the source code of, or creating derivative works of the Software, any updates, or any part thereof.
2.2 Content and Data License
Pricing Culture grants you the right to use, access, display, run, and modify the Content and Data provided through the Software on any computer or mobile device that you own or control, for personal use, Individual Content Creator Use, and Independent Developer Use, unless you and Pricing Culture have agreed otherwise in writing, and provided that you comply with all terms and conditions of this EULA. For commercial purposes, you are required to make meaningful and substantive modifications to the data and content before publishing. This license applies to Personal Use, Individual Content Creator Use, and Independent Developer Use for Modified Publishing purposes and not Direct Publishing purposes.
Note: Enterprise licenses are governed by separate Enterprise Licensing Agreement and are distinct from the license governed by this EULA. For more information on Enterprise Licensing Agreement, please contact sales@pricingculture.com.
3. Scope and Limitations
You may not:
- Rent, lease, lend, sell, redistribute, reuse, retransmit, sublicense, or exploit the Software.
- Rent, lease, lend, sell, redistribute, reuse, retransmit, sublicense, or exploit the Content and Data without substantial and meaningful modifications.
- Engage in Direct Publishing of the data and content feeds provided by Pricing Culture without meaningful or substantive modifications.
- Use automated systems, software, or other means to extract, scrape, or crawl data without express written permission from Pricing Culture.
- Make excessive or abusive API requests that may impair the services provided by Pricing Culture.
Any attempt to do so is a violation of the rights of Pricing Culture. The terms of this EULA will govern any upgrades provided by Pricing Culture that replace and/or supplement the original Software, unless such an upgrade is accompanied by a separate license in which case the terms of that license will govern. Any and all data and content provided by Pricing Culture is strictly for display use only, unless otherwise clearly stated in subsequent product agreements. Use of the data or content in any other form or manner is a violation of this EULA. Pricing Culture will report unlawful usage of proprietary data and content products to the relevant exchange(s) and/or data providers along with all information regarding such an account.
The Software and Content and Data are not intended for distribution to, or use by, any person in any country or jurisdiction where such distribution or use would be contrary to local law or regulation. It is your responsibility to ascertain the terms of this EULA and comply with any local law or regulation to which you are subject. You shall not use or permit anyone to use the Software or Content and Data for any unlawful or unauthorized purpose. The information and content provided to you in the Software is the exclusive proprietary content of Pricing Culture and, where applicable, its third-party vendors, licensors, and the affiliates thereof. Nothing in this EULA shall provide you with any proprietary rights in the Software or any content provided to you in the Software.
4. Risks
As a condition to this License, you understand and agree that your access and/or use of the Software and/or Content and Data will expose you to risks associated with the access and/or use of software and content that may not be compatible with your computer equipment. You hereby agree to accept such risks, including but not limited to failure of, or damage to, hardware, software, communication lines or systems, and/or other computer equipment. Pricing Culture expressly denies any liability with respect to the foregoing, and you agree to fully indemnify, defend, and hold harmless Pricing Culture from any and all damages, liabilities, losses, costs, and expenses that may arise therefrom.
5. Updates and Support Services
Pricing Culture may from time to time provide enhancements, updates, or support services for the Software at its discretion. These updates, unless accompanied by a separate license, will be governed by the terms of this EULA.
6. Consent to Use of Data
You agree that Pricing Culture may collect and use technical data and related information, including but not limited to technical information about your computer, system, application software, and peripherals, that is gathered periodically to facilitate the provision of Software updates, product support, and other services to you (if any) related to this EULA.
7. Privacy and Data Protection
Pricing Culture is committed to protecting your privacy. Please refer to our Privacy Policy at [https://pricingculture.com/privacy-policy](https://pricingculture.com/privacy-policy) and [https://machinegenerated.com/privacy-policy](https://machinegenerated.com/privacy-policy) for information about how we collect, use, and protect your data. By using the Software, you agree to the terms of our Privacy Policy.
8. Links to Third-Party Content and Data
You may link to third-party content through the use of the Software. The third-party sites are not under the control of Pricing Culture, and Pricing Culture is not responsible for the contents of any third-party sites, any links contained in third-party sites, or any changes or updates to third-party sites. Inclusion of any link does not imply an endorsement by Pricing Culture of the third-party site. Certain third-party information transmitted in the Software may require additional approvals by the vendor or a third party that supplies such information. You are responsible for making an application to and receiving such written approval from the required third party and paying any fees or charges where applicable.
9. Termination
The License granted to you under this EULA can be terminated by Pricing Culture at any time without notice, with or without cause. Pricing Culture reserves the right to terminate your rights under this License without notice if you fail to comply with any term(s) of this EULA. Upon termination of the License, you shall cease all use of the Software and Content and Data, and destroy all copies, full or partial, of the Software and Content and Data. You acknowledge that certain information is being supplied by third parties with whom Pricing Culture has entered into an agreement. In the event any agreement between a third-party provider of information, software, or content and Pricing Culture is terminated, Pricing Culture will stop providing you with this information, software, or content immediately and without notice. Pursuant to the terms of Section 12, neither Pricing Culture nor any third-party vendor or information provider with whom Pricing Culture has entered into an agreement shall have any liability to you in connection with such termination.
10. Intellectual Property Rights
You acknowledge that the Software and Content and Data are protected by copyright and other intellectual property laws. You further acknowledge that all right, title, and interest therein are the sole property of Pricing Culture and its third-party licensors, where applicable, and that you receive no rights, title, or interests in the Software or Content and Data except as expressly set forth herein. You agree not to challenge either Pricing Culture’s or any third-party licensor's rights in or otherwise attempt to assert any rights in, the Software or Content and Data, except those provided under this EULA.
11. No Warranty
PRICING CULTURE DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES ABOUT THE SOFTWARE OR CONTENT AND DATA. THE SOFTWARE AND CONTENT AND DATA ARE MADE AVAILABLE TO YOU "AS IS" AND "AS AVAILABLE" AND PRICING CULTURE DOES NOT WARRANT THAT ANY DEFECTS OR INACCURACIES WILL BE CORRECTED. PRICING CULTURE DOES NOT WARRANT THAT THE SOFTWARE OR CONTENT AND DATA WILL MEET YOUR NEEDS, OR THAT YOUR USE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. PRICING CULTURE ALSO MAKES NO WARRANTY THAT THE RESULTS OBTAINED FROM THE USE OF THE SOFTWARE OR CONTENT AND DATA WILL BE ACCURATE OR RELIABLE, OR THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL RELATED TO THE SOFTWARE OR CONTENT AND DATA WILL MEET YOUR EXPECTATIONS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY PRICING CULTURE OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. PRICING CULTURE AND ITS THIRD-PARTY CONTENT PROVIDERS, THIRD-PARTY LICENSORS, AND ANY AFFILIATES THEREOF DO NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES REGARDING THE ACCURACY OR TIMELINESS OF ANY AND ALL INFORMATION PROVIDED VIA THE SOFTWARE AND CONTENT AND DATA. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
12. Limitation of Liability
TO THE EXTENT PERMISSIBLE BY LAW, IN NO EVENT SHALL PRICING CULTURE, ANY THIRD-PARTY CONTENT PROVIDER, ANY THIRD-PARTY LICENSOR, OR ANY AFFILIATES THEREOF BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES ("LOSSES"), ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SOFTWARE OR CONTENT AND DATA, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF PRICING CULTURE, ANY THIRD-PARTY CONTENT PROVIDER, ANY THIRD-PARTY LICENSOR, OR ANY AFFILIATES THEREOF HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHERMORE, EXCEPT AS OTHERWISE REQUIRED BY LAW, PRICING CULTURE WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS RESULTING FROM A CAUSE OVER WHICH PRICING CULTURE DOES NOT HAVE DIRECT CONTROL. THIS INCLUDES FAILURE OF ELECTRONIC OR MECHANICAL EQUIPMENT OR COMMUNICATIONS LINES (INCLUDING TELEPHONE, CABLE, AND INTERNET), UNAUTHORIZED ACCESS, VIRUSES, THEFT, OPERATOR ERRORS, SEVERE OR EXTRAORDINARY WEATHER (INCLUDING FLOOD, EARTHQUAKE, OR OTHER ACT OF GOD), FIRE, WAR, INSURRECTION, TERRORIST ACT, RIOT, LABOR DISPUTE AND OTHER LABOR PROBLEMS, ACCIDENT, EMERGENCY, OR ACTION OF GOVERNMENT. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. USE OF ANY THIRD-PARTY SOFTWARE WILL BE GOVERNED BY THE APPLICABLE LICENSE AGREEMENT, IF ANY, WITH SUCH THIRD-PARTY. PRICING CULTURE IS NOT RESPONSIBLE FOR ANY THIRD-PARTY SOFTWARE AND WILL HAVE NO LIABILITY OF ANY KIND FOR LOSSES RESULTING FROM YOUR USE OF SUCH THIRD-PARTY SOFTWARE WITH PRICING CULTURE'S SOFTWARE. PRICING CULTURE MAKES NO WARRANTY OF ANY KIND WITH RESPECT TO SUCH THIRD-PARTY SOFTWARE.
13. Governing Laws and Jurisdiction
Unless otherwise agreed, this EULA and its enforcement are governed by the laws of the state of New Jersey, without regard to principles of conflicts of law, and shall inure to the benefit of Pricing Culture's successors and assigns, whether by merger, consolidation, or otherwise. This is the case regardless of whether you reside or transact business with Pricing Culture in New Jersey or elsewhere. Unless a dispute would be governed by an applicable arbitration clause, you irrevocably agree to submit to the jurisdiction of the federal and state courts located within the city of Jersey City in Hudson County, New Jersey, and hereby waive any objection to the convenience or propriety of venue therein. Provided however, that nothing herein shall prevent Pricing Culture from bringing any action in the courts of any other jurisdiction. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this License shall continue in full force and effect.
14. Governing Language
Any translation of this License is done for local requirements or for your convenience. In the event of a dispute between the English and any non-English versions, the English version of this License shall govern, to the extent not prohibited by local law in your jurisdiction.
15. Dispute Resolution
Any dispute arising out of or in connection with this EULA shall be resolved through good faith negotiations. If such negotiations fail, the parties agree to resolve the dispute through binding arbitration in accordance with the rules of the American Arbitration Association before seeking any other legal remedy.
16. Entire Agreement
This EULA constitutes the entire agreement between you and Pricing Culture regarding the use of the Software and Content and Data and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Software and Content and Data.
Modifications to the EULA
Pricing Culture reserves the right to change the terms and conditions of this EULA at any time with or without notice by posting such changes on the [https://pricingculture.com](https://pricingculture.com) and [https://machinegenerated.com](https://machinegenerated.com) websites. You are responsible for regularly reviewing these terms and conditions for any modifications and agree to be bound by the same.
If you have any questions on Pricing Culture Inc.'s End User Licensing Agreement, you can contact us at support@pricingculture.com.