Mattermark 23 CRX for Google Sheets

Pull Mattermark data directly into Google Sheets to add live updated company Growth Score, location, total funding, and more directly into your spreadsheets.


MATTERMARK END USER LICENSE AGREEMENT FOR GOOGLE SHEETS ADD-ONS

IMPORTANT-READ CAREFULLY: BY INSTALLING, COPYING OR OTHERWISE USING THIS MATTERMARK, INC. (“MATTERMARK”) SOFTWARE AND ITS ASSOCIATED USER DOCUMENTATION (COLLECTIVELY, “LICENSED MATERIALS”) YOU ARE ACCEPTING AND AGREEING TO ALL THE TERMS OF THIS END USER LICENSE AGREEMENT (“LICENSE”) ON BEHALF OF YOURSELF AND THE ENTITY YOU REPRESENT (COLLECTIVELY, “LICENSEE”). YOU REPRESENT AND WARRANT THAT YOU CAN FORM LEGALLY BINDING CONTRACTS AND THAT YOU ARE AUTHORIZED TO ACCEPT THIS TERMS ON BEHALF THE ENTITY YOU REPRESENT, IF APPLICABLE. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS, DO NOT INSTALL, COPY OR OTHERWISE USE ANY OF THE LICENSED MATERIALS.

Definitions
“Intellectual Property Rights” means any patent rights, copyrights, trade secrets, know-how and any other similar rights or intangible assets recognized under any laws or international conventions and in any country or jurisdiction in the world, and all present and future registrations, applications, disclosures, renewals, extensions, continuations or reissues of the foregoing.
“Mattermark Service” means Mattermark’s proprietary private company and investor data service.
“Software” means Mattermark’s add-on software that permits Licensee to extract data from the Mattermark Service for use in a Google Sheets spreadsheet, and any updates or upgrades thereto that Mattermark may provide to Licensee from time to time.
1. Mattermark Account. As a condition of using the Licensed Materials, Licensee must have a current, valid subscription to use the Mattermark Service under the terms of the Mattermark Terms of Service (the “Mattermark Terms”, available at http://www.mattermark.com/terms-of-service) or under a separately executed agreement for the use of the Mattermark Service, at a service tier that permits Licensee to permits Licensee to export materials from the Mattermark Service. Licensee is responsible for maintaining the confidentiality of Licensee’s Mattermark Service password and for all activities that occur using Licensee’s Mattermark account or with Licensee’s API token. Licensee agrees not to share, let anyone else access or do anything else that might jeopardize the security of Licensee’s password and API token. Licensee agrees to notify Mattermark if Licensee’s password is lost, stolen or disclosed to an unauthorized third party, if there is any unauthorized use of its password, API token or account, or if Licensee learns of any other breach of security in relation to the Mattermark Service.
2. License. Subject to and conditioned on Licensee’s continuous compliance with the terms of this License and the applicable Google Apps Terms of Service, Mattermark grants Licensee a nonexclusive, nonsublicensable, nontransferable, limited license to:
(i) install and use the Software to export certain materials from the Mattermark Service to Google Sheets, solely in the manner permitted by Mattermark and solely for Licensee’s internal business purposes; and
(ii) use and make copies of the additional Licensed Materials solely Licensee’s internal business purposes in connection with the use of the Software.
3. License Restrictions. Except as expressly set forth in this License, Licensee may not, nor may Licensee permit anyone else to: (a) decompile, reverse engineer, disassemble or otherwise attempt to reconstruct or discover the source code of the Software; (b) alter, merge, edit, modify, translate, adapt in any way or prepare any derivative work based upon the Licensed Materials; (c) rent, lease, network, loan, sublicense, distribute, disclose or otherwise transfer the Licensed Materials or any copy thereof; (d) use the Software for timesharing or service bureau purposes or otherwise for the benefit of a third party; (e) reproduce, publish, broadcast, transmit, distribute, perform, display, sell or in any way exploit the Licensed Materials in any manner; or (f) remove, obscure or modify any markings or any notice of Mattermark’s proprietary rights.
4. Warranty Disclaimer. NEITHER MATTERMARK NOR ITS LICENSORS OR SUPPLIERS MAKE ANY WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE LICENSED MATERIALS. ALL IMPLIED WARRANTIES AS TO THE SATISFACTORY QUALITY, PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT ARE EXPRESSLY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO LICENSEE. NEITHER MATTERMARK NOR ITS LICENSORS OR SUPPLIERS WARRANT THAT THE LICENSED MATERIALS ARE ERROR-FREE OR THAT THEIR USE WILL BE UNINTERRUPTED. MATTERMARK IS NOT OBLIGATED TO PROVIDE LICENSEE WITH ANY UPDATES TO THE LICENSED MATERIALS BUT MAY ELECT TO PROVIDE LICENSEE WITH UPDATES IN ITS SOLE DISCRETION.
5. Limitation Of Liability. NEITHER MATTERMARK NOR ITS LICENSORS OR SUPPLIERS SHALL BE LIABLE FOR SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL OR INDIRECT DAMAGES, RELATED TO THIS LICENSE, INCLUDING WITHOUT LIMITATION, LOST PROFITS, LOST SAVINGS, OR DAMAGES ARISING FROM LOSS OF USE, LOSS OF CONTENT OR LOSS OF DATA, REGARDLESS OF THE LEGAL THEORY ON WHICH SUCH DAMAGES MAY BE BASED, AND EVEN IF MATTERMARK OR ITS LICENSORS AND/OR SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER ANY REMEDY SET FORTH IN THIS LICENSE FAILS OF ITS ESSENTIAL PURPOSE. BECAUSE SOME STATES/COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO LICENSEE. IN NO EVENT WILL MATTERMARK’S AGGREGATE LIABILITY UNDER THIS LICENSE EXCEED ONE THOUSAND DOLLARS (USD 1000.00). ADDITIONALLY, IN NO EVENT SHALL MATTERMARK’S LICENSORS OR SUPPLIERS BE LIABLE FOR ANY DAMAGES UNDER THIS LICENSE.
6. Indemnification. Licensee shall indemnify, defend and hold Mattermark or any of its officers, directors, employees, agents or affiliates (collectively, the “Mattermark Indemnitees”) harmless against any costs, damages, liabilities, and expenses (including attorneys’ fees and costs of defense) that such Mattermark Indemnitee suffers in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party (“Claim”) alleging or arising out of Licensee’s use of the Licensed Materials other than as permitted under this License; provided, that Mattermark (a) promptly gives Licensee written notice of the Claim; (b) gives Licensee sole control of the defense and settlement of the Claim; and (c) provides to Licensee all reasonable assistance, at Licensee’s expense. Notwithstanding anything herein to the contrary, Licensee shall not consent to any settlement or compromise of, or the entry of any judgment with respect to, any third-party claim without the prior written consent of Mattermark (which consent shall not be unreasonably withheld, delayed, or conditioned).
7. Maintenance and Support. Mattermark is not obligated to provide updates, enhancements or maintenance, technical or other support for the Licensed Materials.
8. Term and Termination. Licensee may terminate this License at any time by ceasing use of the Software and destroying all copies of the Licensed Materials in Licensee’s possession and control. Mattermark may, upon notice to Licensee, terminate this License and Licensee’s right to use the Licensed Materials if Mattermark ceases offering the Google Sheets export functionality to its users or if Licensee breaches any of the terms of this License or the terms of service governing Licensee’s use of the Mattermark Service. In such event, Licensee shall destroy all copies of the Software in Licensee’s possession and/or control. Sections 3, 4, 5, 6, 8, 9, 10, 11and 12 shall survive termination.
9. Intellectual Property Rights. Except for the limited rights granted to Licensee under Section 2 above, Mattermark and its licensors and suppliers retain all right, title and interest in and to the Licensed Materials, including all Intellectual Property Rights therein and thereto. Licensee shall do nothing inconsistent with Mattermark's ownership of the Licensed Materials and the Intellectual Property Rights embodied therein, including, but not limited to, transferring, loaning, selling, assigning, pledging, or otherwise disposing, encumbering, or suffering a lien or encumbrance upon or against any interest in any Licensed Materials. Mattermark reserves all rights not expressly granted in this License.
10. Feedback. If Licensee or any employees, contractors and/or agents of Licensee sends or transmits any communications or materials to Mattermark by mail, electronic mail, telephone, or otherwise (“Feedback”), suggesting or recommending changes to any Licensed Materials, including without limitation, new features or functionality relating thereto, or any comments, questions, suggestions, or the like, all such Feedback is, and will be treated as, non-confidential and non-proprietary. Licensee hereby assigns on its behalf, and on behalf of its employees, contractors and/or agents, all right, title, and interest in, and Mattermark is free to use, without any attribution or compensation to any party, any ideas, know-how, concepts, techniques, or other intellectual property rights contained in the Feedback, for any purpose whatsoever, although Mattermark is not required to use any Feedback.
11. Electronic Communications. Licensee hereby consents to receiving electronic communications from Mattermark. These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to the Licensed Materials. Licensee agrees that any notices, agreements, disclosures or other communications that Mattermark sends to Licensee electronically will satisfy any legal communication requirements, including that such communications be in writing.
12. General Provisions. The parties hereto are independent contractors. Licensee shall abide by all local, state, federal and international laws, rules, regulations and orders applying to Licensee's use of the Licensed Materials. Other than to an affiliate or in connection with a merger, acquisition or sale of all or substantially all of Licensee’s assets, Licensee will not assign, delegate or transfer its rights or obligations under this License without the express prior written consent of Mattermark, and any purported or attempted assignment in violation of the foregoing is null and void. This License will be governed and construed in accordance with the laws of the State of California without regard to any conflict of laws principles that would require the application of the laws of another jurisdiction. The United Nations on Contracts for the International Sale of Goods and any laws based on the Uniform Computer Information Transactions Act shall not apply to this License. If any terms of this License are found to be inconsistent with applicable law, then such term shall be interpreted to reflect the intentions of the parties, and no other terms will be modified. Mattermark’s failure to enforce any provisions of this License is not a waiver of such provision. This License is the entire agreement between Licensee and Mattermark with respect to the use of the Licensed Materials and supersedes all prior or contemporaneous negotiations, discussions or agreements between Licensee and Mattermark.