Six Seconds Assessments Agreement
Last Revised: Dec 29, 2021
- ACCESS; RESTRICTIONS; OWNERSHIP
- Subject to the terms of this Agreement, Six Seconds hereby grants to you a non-exclusive, non-transferable, non-sublicensable license to use the Six Seconds’ Materials solely for the purpose of reviewing, and recording your responses to, the assessment provided to you at this link.
- You shall not (a) alter, modify, or make derivative works of any part of the Six Seconds’ Materials; (b) copy, reproduce, distribute, republish, download, display, post or transmit the Six Seconds’ Materials for any purpose other than responding to the assessment; or (c) access the Six Seconds’ Materials in order to build similar or competitive materials or products.
Except for the license granted under Section 1.1, all other uses of the Six Seconds’ Materials by you (including, but not limited to, incorporating the Six Seconds’ Materials, or any portion of such materials, into books, websites, or any other media whether now existing or hereafter created) are prohibited. All copyright and other proprietary notices included with the Six Seconds’ Materials must be retained on all copies thereof.
- You acknowledge that all the intellectual property rights, including copyrights, trademarks, and trade secrets, in the Six Seconds’ Materials are owned by Six Seconds or Six Seconds’ suppliers. Neither This Agreement (nor your access to the Six Seconds’ Materials) transfers to you or any third party any rights, title or interest in or to the Six Seconds’ Materials, except for the limited access rights expressly set forth in Section 1.1. There are no implied licenses granted under this Agreement.
- If you provide Six Seconds with any feedback or suggestions regarding the Six Seconds’ Materials (“Feedback”), you hereby assign to Six Seconds all rights in such Feedback and agree that Six Seconds shall have the right to use and fully exploit such Feedback and related information in any manner it deems appropriate. Six Seconds will treat any Feedback you provide to Six Seconds as non-confidential and non-proprietary. You agree that you will not submit to Six Seconds any information or ideas that you consider to be confidential or proprietary.
- You agree to indemnify and hold Six Seconds (and its officers, employees, and agents) harmless, including costs and attorneys’ fees, from any claim or demand arising out of your breach of this Agreement.
THE SIX SECONDS’ MATERIALS ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, AND SIX SECONDS (AND OUR SUPPLIERS) EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT THE SIX SECONDS’ MATERIALS WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, COMPLETE, LEGAL, OR SAFE. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SIX SECONDS’ MATERIALS, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
- LIMITATION ON LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL SIX SECONDS (OR OUR SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THIS AGREEMENT OR YOUR USE OF, OR INABILITY TO USE, THE SIX SECONDS’ MATERIALS, EVEN IF SIX SECONDS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SIX SECONDS’ MATERIALS IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF FIFTY US DOLLARS (U.S. $50). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
- TERM AND TERMINATION. This Agreement will remain in full force and effect while you use the Six Seconds’ Materials. We may suspend or terminate your rights to use the Six Seconds’ Materials at any time for any reason at our sole discretion, including for any use of the Six Seconds’ Materials in violation of this Agreement. Upon termination of your rights under this Agreement, your right to access and use the Six Seconds’ Materials will terminate immediately.
- This Agreement constitutes the entire agreement between you and us regarding the use of the Six Seconds’ Materials. Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation”. If any provision of this Agreement is, for any reason, held to be invalid or unenforceable, the other provisions of this Agreement will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. This Agreement, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Six Seconds’ prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. Six Seconds may freely assign this Agreement. The terms and conditions set forth in this Agreement shall be binding upon assignees. This Agreement shall be governed by, and all disputes arising under or in connection with this Agreement shall be resolved in accordance with the laws of California exclusive of conflict or choice of law rules. Each party agrees to submit any claim or dispute under this Agreement exclusively to a state or federal court in California, and each party irrevocably agrees to submit to the sole jurisdiction of such courts and to waive any claims that such courts constitute an improper venue. Sections 1.2, 1.3 and 2-7 will survive the expiration or termination of this Agreement.