8/3/2019 ktMINE Terms of Use

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TERMS AND CONDITIONS OF USE FOR ktMINE

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. By clicking"Yes" below, you agree to be legally bound by these terms and conditions (the

"Agreement"), and this Agreement will constitute a contract between you and

ktMINE.

You are being granted access to the information contained on this site as a user of

ktMINE (the "Product") pursuant to your employer's or client's (the "Company")

master subscription agreement (the "Subscription Agreement"). You may have

been granted access to the Product under a limited trial period and if so, your rights

under this Agreement will be terminated at the expiration of the trial period. Your

access to this site is subject to the following conditions:

You have been granted access to the information contained on this site as a user of

ktMINE (the "Product") pursuant to your employers or clients (the "Company")

master subscription agreement (the "Subscription Agreement"). You may have

been granted access to the Product under a limited trial period and if so, your rights

under this Agreement will be terminated at the expiration of the trial period. Youraccess to this site is subject to the following conditions:

1. Authorized Users

The Product is intended for use by persons who have authenticated their identities and

lawfully received passwords to the Product from ktMINE ("Authorized Users"). By

using the Product in any manner, you represent and warrant to ktMINE that you are

an Authorized User. In consideration of your use of the Product, you agree to maintain

the security of your user name and password and must not give it to a third party.

2. Your Obligations and Conduct

a. The Product provides you, among other things, with access to analytical information

developed by ktMINE. You agree to use the Product solely in accordance with all

applicable contractual and security requirements provided to you by ktMINE or the

Company.

b. You further agree you will not use the Product to engage in activities that would

violate any applicable local, state, national, or international law, any governmental

regulations, any fiduciary relationship, or any policies of the Company.

3. Intellectual Property Rights

a. As between you and ktMINE, the Product and all intellectual property rights therein

are owned by ktMINE. You must not (i) modify, copy or create derivative works based

on the Product; (ii) frame or mirror any content forming part of the Product; (iii)

reverse engineer, disassemble, de-compile, translate, or attempt to derive the source

code of the Product or any part thereof without prior permission in writing from

ktMINE; (iv) remove or modify any copyright or trademark notice, or other notice of

ownership; or (v) access the Product in order to (A) build a competitive product or

service, or (B) copy any ideas, features, functions or graphics of the Product.

b. As between you and ktMINE, ktMINE shall retain exclusive ownership of the Product

and the ideas embodied therein, and if you make any modification or derivative workof the Product in violation of this Agreement, you will, and hereby do, assign to the

Product all of your rights, title, and interests in and to such modifications or derivative

works and all intellectual property rights therein. You acknowledge that the Product

and the content therein constitute the confidential, proprietary trade secrets of

ktMINE. You hereby grant ktMINE a royalty-free, worldwide, transferable,

sublicenseable, irrevocable, perpetual license to use or incorporate into the Product

any suggestions, enhancement requests, recommendations or other feedback provided

by you relating to the operation of the Product.

c. All rights not explicitly granted hereunder shall remain with ktMINE. Unless explicitly

stated herein, nothing in this Agreement shall be construed as conferring any license

to intellectual property rights of ktMINE, whether by estoppel, implication, or

otherwise.

4. Confidentiality

The Product contains information that is confidential or proprietary to ktMINE (the

"Confidential Information"). "Confidential Information" does not include any

information that: (i) is or becomes generally known to the public without breach of

any obligation owed to ktMINE; or (ii) was known to the receiving party prior to its

disclosure by you without breach of any obligation owed to ktMINE. You agree that

you will maintain the Confidential Information as confidential and will not copy,

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disclose to third parties, nor use the Confidential Information for any purpose other

than as explicitly allowed in this Agreement.

5. Term

This Agreement will take effect on the date you first access or use the Product and will

continue during the period in which you are granted access to the Product in

accordance with the Subscription Agreement between the Company and the Product.

Upon such termination of this Agreement, (i) you will cease to have access to the

Product and any content therein, (ii) all of your rights under this Agreement will cease,

and (iii) at the request of ktMINE or the Company, you will return or destroy all copies

of any such content, including Confidential Information, in your possession and certify

in writing to ktMINE that you have done so. Rights and obligations under this

Agreement that by their nature are intended to survive the termination of your

authorization to use the Product will remain in full effect after such termination,

including without limitation those of Sections 1 (Authorized Users), 3 (Intellectual

Property Rights), 4 (Confidentiality), 6 (Disclaimer of Warranty), 7 (Limitation of

Liability), and 8 (General Terms).

6. Disclaimer of Warranties

YOUR USE OF THE PRODUCT IS AT YOUR SOLE RISK UNLESS OTHERWISE EXPLICITLY

STATED. THE PRODUCT, INCLUDING ALL SERVICES AND CONTENT IS PROVIDED ON

AN "AS IS" "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS. TO THE EXTENT

PERMITTED BY LAW ktMINE DISCLAIMS ALL EXPRESS OR IMPLIED CONDITIONS,

REPRESENTATIONS, AND WARRANTIES OF ANY KIND, INCLUDING ANY IMPLIED

WARRANTY OR CONDITION OF MERCHANTABILITY, SATISFACTORY QUALITY