Sellscope hereby grants You (the Client) a limited, revocable, non-transferable non-exclusive, non-sublicensable license to access our Data and Service (the Platform), solely for your internal business purposes.
The Platform may be unavailable at certain times, including during any unanticipated or unscheduled downtime or as a result of system failures or force majeure events. We will use commercially reasonable efforts to provide you with information regarding any such interruptions and the restoration of use of, and access to, the Platform following any interruption.
You acknowledge and agree that we obtain data for the Service from third parties, and that such sources may become temporarily or permanently unavailable. We believe such sources and data to be reliable but we have not necessarily verified the accuracy or completeness of such third party data. We reserve the right to modify and update the Service from time to time, including the addition and removal of data elements and materials provided in connection with the Service.
The platform and all materials provided in connection with our websites and the platform is provided strictly on an “as is” basis. We do not warrant the completeness or accuracy of data provided, and you should independently verify such information. All conditions, representations and warranties, whether express, implied, statutory or otherwise, including, without limitation, any implied warranty of merchantability, title, fitness for a particular purpose, satisfactory results, or non-infringement of intellectual property rights are hereby disclaimed to the maximum extent permitted by applicable law by Sellscope, our suppliers and our licensors.
Without limiting the generality of the foregoing, we make no warranty that your use of our data or the platform will be uninterrupted, timely, secure, or error free or that defects will be corrected. No advice or information, whether oral or written, obtained by you through our systems or from us or our subsidiaries/other affiliated companies shall create any warranty. We disclaim all equitable indemnities.
Your exclusive remedy and our and our suppliers’ and licensors’ total aggregate liability relating to, arising out of, in connection with, or incidental to these terms, whether for breach of contract, breach of warranty or any other claim shall not exceed the aggregate amounts paid by you and received by us hereunder during the twelve months immediately preceding the applicable claim. The existence of multiple claims or suits under or related to this agreement will not enlarge or extend this limitation of damages. The provisions of this section do not waive or limit our ability to obtain injunctive or other equitable relief for breach of these terms.
In no event will we be liable for any special, consequential, incidental, indirect or punitive damages, or lost profits or lost revenue arising out of or related to the subject matter of these terms or the use of or inability to use the platform. The foregoing exclusion and liability limitations apply even if such we have been advised of the possibility of such damages.
This agreement shall be governed and construed pursuant to applicable Dutch law. The parties agree to submit any dispute that may arise from this agreement to the Courts and Tribunals of Amsterdam, expressly waiving any other jurisdiction that may be applicable.