Urchin End-User License Agreement


CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS WITHIN THIS LICENSE AGREEMENT. BY INSTALLING OR USING THE URCHIN SOFTWARE, YOU INDICATE THE ACCEPTANCE OF THE FOLLOWING TERMS AND CONDITIONS AND YOU AGREE TO BE BOUND BY THEM. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT USE THE URCHIN SOFTWARE.

This Urchin End-User License Agreement ("Agreement") is made by and between Google Inc., parent of Urchin Software Corporation ("Google"), and You (either an individual or a legal entity that you represent as an authorized employee or agent), together indicated as the "Parties". Therefore, the Parties agree as follows:

1. Grant of License. By clicking on the "Accept" button accompanying this Agreement or by using the Urchin Software and any accompanying proprietary documentation made available by Google to You for use with the Urchin Software (the "Documentation") accompanying this Agreement (the "Product"), You shall be deemed to have accepted and agreed to be bound by the terms and conditions of this Agreement and for the term of the Agreement, Google shall be deemed to have granted to You a non-exclusive, revocable, non-sublicensable, limited license to install, use, and operate the Urchin Software on a single server to perform reporting functions (the "License"). In accordance with the Agreement and the License:
(a) You may use the Urchin Software to perform reporting functions for a set of profiles up to the number granted by your Serial Code, where Serial Code is delivered by Google and designates the number of profiles enabled by the License;
(b) You may not transfer the Product to another server other than the one for which it was initially licensed except for the purpose of replacing a server.
(c) You shall use the Product and information obtained from the use thereof in a manner that complies with all applicable laws, rules and regulations.

2. Fees. You hereby agree to pay the appropriate license fees as set by an authorized sales representative or agent of Google, or an authorized reseller of the Product, or as specified on www.urchin.com (or such other URL Google may provide from time to time)

3. Support. Any support plans, hourly support, installations and training are sold separately and are not included in this Agreement. Please see the urchin.com website (or such other URL Google may provide from time to time) or an authorized reseller of the Product for more information.

4. Term. This Agreement and the License is made effective upon clicking on the "Accept" button accompanying this Agreement or by using the Product accompanying this Agreement, and remains in effect until terminated by You or Google. You may terminate this Agreement and the License at any time by removing the Urchin Software from your server. Google may terminate this Agreement at any time with written notice to You, which may include electronic mail. This Agreement and the License will terminate immediately without notice from Google if You fail to comply with any provision of this Agreement or the License granted herein. Upon termination You must remove the Urchin Software from your server.

5. Intellectual Property. The Product and all intellectual property rights in the Product are, and shall remain, the property of Google (and its wholly owned subsidiaries). All rights in and to the Product not expressly granted to You in this Agreement are hereby expressly reserved and retained by Google without restriction, including, without limitation, Google's (or its wholly owned subsidiaries') right to sole ownership of the Urchin Software and the Documentation. Without limiting the generality of the foregoing, You agree to not (and to not allow any third party to): (a) sublicense, distribute, or use the Product outside of the scope of the License granted herein; (b) copy, modify, adapt, translate, prepare derivative works from, reverse engineer, disassemble, or decompile the Urchin Software or otherwise attempt to discover any source code or trade secrets related to the Product; (c) use the trade names, trademarks, service marks, logos, domain names and other distinctive brand features or any copyright or other proprietary rights associated with the Product for any purpose without the express written consent of Google; (d) register, attempt to register, or assist anyone else to register any trade names, trademarks, service marks, logos, domain names and other distinctive brand features, copyright or other proprietary rights associated with Google (or its wholly owned subsidiaries) other than in the name of Google (or its wholly owned subsidiaries, as the case may be); or (e) remove, obscure, or alter any notice of copyright, trademark, service mark, logo or other proprietary right appearing in or on any item included with the Product.

6. Government Users. If You are acquiring the Product on behalf of any unit or agency of the United States Government, the following provisions apply. The Government agrees the Product and documentation were developed at private expense and are provided with "RESTRICTED RIGHTS". Use, duplication, or disclosure by the Government is subject to restrictions as set forth in DFARS 227.7202-1(a) and 227.7202-3(a) (1995), DFARS 252.227-7013(c)(1)(ii) (Oct 1988), FAR 12.212(a)(1995), FAR 52.227-19, (June 1987) or FAR 52.227-14(ALT III) (June 1987), as amended from time to time. In the event that this Agreement, or any part thereof, is deemed inconsistent with the minimum rights identified in the Restricted Rights provisions, the minimum rights shall prevail. 7. Additional Licenses. The Urchin Software redistributes open source binaries that are protected and covered under their own agreements. The agreements, which are provided via the following links, cover the use and redistribution of the open source software used within the Urchin Software:

Apache: http://www.apache.org/LICENSE.txt
Bcrypt: http://bcrypt.sourceforge.net/index.html
Blowfish: http://www.schneier.com/blowfish.html
Boost: http://www.boost.org/more/license_info.html
Bzip: http://www.bzip.org/index.html
Curl: http://curl.haxx.se/docs/copyright.html
Gzip: http://www.math.utah.edu/docs/info/gzip_toc.html
Libiconv: http://www.gnu.org/software/libiconv/
Minizip: http://www.winimage.com/zLibDll/minizip.html
MySQL: http://www.mysql.com/company/legal/licensing/
OpenSSL: http://www.openssl.org/about/
PostgreSQL: http://www.postgresql.org/about/licence.html
Snprintf: http://www.ijs.si/software/snprintf/
Zip/Unzip: http://www.info-zip.org/license.html
Zlib: http://www.zlib.net/zlib_faq.html#faq23

By using the binaries or the Urchin Software, you are bound by those additional agreements. GOOGLE AND ITS WHOLLY OWNED SUBSIDIARIES ARE NOT LIABLE FOR THE USE OF THE OPEN SOURCE BINARIES. Use of the Urchin Software with an operating system may require additional licenses from the operating system vendor. Use of the Urchin Software with any modules, add-ons, or programs developed by a third party may require additional licenses from the third party.

8. Disclaimer of Warranty on Product. THE PRODUCT IS LICENSED TO YOU "AS IS". NO WARRANTY, REPRESENTATION, CONDITION, UNDERTAKING OR TERM, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, AS TO THE CONDITION, QUALITY, DURABILITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OR USE OF THE PRODUCT IS GIVEN OR ASSUMED BY GOOGLE, ITS WHOLLY OWNED SUBSIDIARIES, ITS LICENSORS, OR ITS AGENTS, AND ALL SUCH WARRANTIES, REPRESENTATIONS, CONDITIONS, UNDERTAKINGS AND TERMS ARE HEREBY EXCLUDED.

9. Limitation of Liability. YOU AGREE THAT GOOGLE'S (AND ITS WHOLLY OWNED SUBSIDIARIES) TOTAL AGGREGATE LIABILITY HEREUNDER FOR DIRECT DAMAGES ARISING OUT OF, UNDER, OR IN CONNECTION WITH THIS AGREEMENT, REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, EQUITY, TORT, WARRANTY, OR OTHER FORM OF ACTION, WILL NOT EXCEED FIVE HUNDRED DOLLARS ($500.00). NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, EXCEPT FOR BREACHES OF INTELLECTUAL PROPERTY AND AMOUNTS PAYABLE TO THIRD PARTIES UNDER INDEMNITY OBLIGATIONS UNDER SECTION 11, NEITHER GOOGLE (AND ITS WHOLLY OWNED SUBSIDIARIES) NOR YOU SHALL UNDER ANY CIRCUMSTANCES BE LIABLE TO THE OTHER PARTY, OR ANY THIRD PARTY, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, FOR CONSEQUENTIAL, EXEMPLARY, PUNITIVE, MULTIPLE, INCIDENTAL OR SPECIAL DAMAGES, (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST SAVINGS, BUSINESS INTERUPTION, OR LOSS OF BUSINESS INFORMATION), EVEN IF SUCH PARTY HAS BEEN APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE EXCLUSIONS OF INCIDENTAL AND CONSEQUENTIAL DAMAGES MAY NOT APPLY.

10. Indemnification. You agree to hold harmless, defend and indemnify Google and its affiliates, and their respective employees, agents, and representatives, from and against any third-party claim arising from or in any way related to your (i) breach of any term or condition of this Agreement (ii) your use of the Product, (iii) violations of applicable laws, rules or regulations in connection with the Product, or (iv) your Brand Features, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature, including any claims that any products released by Google is incompatible with the Product provided hereunder. In such a case, Google will provide You with written notice of such claim, suit or action. You shall cooperate as fully as reasonably required in the defense of any claim. Google reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by You.

11. Controlling Law and Severability. This Agreement shall be governed by and construed under the laws of the state of California without reference to its conflict of law principles. In the event of any conflicts between foreign law, rules, and regulations, and California law, rules, and regulations, California law, rules and regulations shall prevail and govern. Each party agrees to submit to the exclusive and personal jurisdiction of the courts located in Santa Clara County, California. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act shall not apply to this Agreement. If for any reason a court of competent jurisdiction finds any provision of this Agreement or portion thereof, to be unenforceable, that provision of the Agreement shall be enforced to the maximum extent permissible so as to affect the intent of the parties, and the remainder of this Agreement shall continue in full force and effect. Urchin Software is controlled by U.S. Export Regulations, and it may be not be used by embargoed countries or individuals.

12. Complete Agreement. This Agreement constitutes the entire agreement between You and Google with respect to the use of the Product, and supersedes all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. No amendment to or modification of this Agreement will be binding unless (i) in writing and signed by a duly authorized representative of Google (ii) You accept updated terms online, or (iii) You continue to use the Product after terms have been updated by Google.

13. Miscellaneous. Any notices to Google must be sent to:

Google Inc.
1600 Amphitheatre Parkway
Mountain View, CA 94043, USA

with a copy to Legal Department, via first class or air mail or overnight courier, and are deemed given upon receipt. A waiver of any default is not a waiver of any subsequent default. Unenforceable provisions will be modified to reflect the parties' intention, and remaining provisions of the Agreement will remain in full effect. You may not assign or otherwise transfer any of your rights or obligations hereunder without Google's prior written consent, and any such attempt is void. The relationship between Google and You is not one of a legal partnership relationship, but is one of independent contractors. This Agreement shall be binding upon and inure to the benefit of the respective successors and assigns ofthe parties hereto. The following sections of this Agreement will survive any termination thereof: 2, 4, 6, and 9 through 14.


UrchinExperts(sm) Terms of Service

Use of the Service

By accessing or purchasing from UrchinExperts by Epik One, Inc., you acknowledge that you have read, understand and agree to be bound by the UrchinExperts Terms of Service. Whenever applicable, you may use any UrchinExperts products and services for report data owned by you or otherwise under your management and control.

Use of UrchinExperts paid support and services may require access to your Urchin Software account(s). Data from these account(s)--which can only be accessed when granted by the customer--are not shared by UrchinExperts and is intended for your use only. In the event that you cancel or work is completed on a product, or service plan, you will be notified to remove our access from your Urchin Software account(s).

Please note that Urchin Software is the property of Google Analytics and is not affiliated with UrchinExperts. Google, Inc. accepts no responsibility, liability and does not provide support to individuals choosing to purchase Urchin Software, services or products offered by UrchinExperts. All inquiries regarding UrchinExperts should be submitted to: info@epikone.com

Whenever applicable, you shall not:
  1. use our products or services to review data not owned by you or otherwise under your management and control, unless you have received permission from the person or entity who owns or otherwise has management and control of such data;
  2. use our products or services to process or permit to be processed the data of a third party;
  3. except as specifically set out above, use our products or services to publish, or provide to a third party, any results;
  4. alter, merge, adapt, modify, translate, or create derivative works based on the product or service; or,
  5. access the product or service with any automated software program unless you have been granted permission in written consent from Epik One, Inc.

No Additional Rights

You acknowledge and agree that except for the rights expressly granted above, all other right, title and interest, including any and all patent, trademark, copyright, trade secret, intellectual and industrial property rights remain the sole and exclusive property of UrchinExperts. You are not authorized to use the UrchinExperts name or any of its trademarks in any manner whatsoever, absent prior written approval and instruction from Epik One, Inc.

Disclaimer of Warranties and Limitation of Liability

PRODUCTS, SUPPORT AND SERVICES (PAID OR FREE) ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT ANY OTHER REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, WRITTEN OR ORAL, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABLE QUALITY, SATISFACTORY QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THOSE ARISING BY LAW, STATUTE, USAGE OF TRADE, COURSE OF DEALING, OR OTHERWISE. URCHINEXPERTS DOES NOT WARRANT THAT THE PRODUCT, SUPPORT OR SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE OR WITHOUT DELAY. YOU ASSUME THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE PRODUCT OR SERVICE. URCHINEXPERTS SHALL NOT HAVE ANY LIABILITY TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE OR PROFIT, LOST OR DAMAGED DATA OR OTHER COMMERCIAL OR ECONOMIC LOSS, EVEN IF URCHINEXPERTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR THEY ARE FORESEEABLE. URCHINEXPERTS IS NOT RESPONSIBLE FOR CLAIMS BY A THIRD PARTY. URCHINEXPERTS MAXIMUM AGGREGATE LIABILITY TO YOU SHALL NOT EXCEED ONE US DOLLAR ($1 USD). THE LIMITATIONS IN THIS SECTION SHALL APPLY WHETHER OR NOT THE ALLEGED BREACH OR DEFAULT IS A BREACH OF A FUNDAMENTAL CONDITION OR TERM OR A FUNDAMENTAL BREACH. SOME STATES/COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Payment Terms
  1. All software, services, training and support offerings require pre-payment with a valid credit card or corporate check.
  2. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.
  3. Online or phone credit card purchases are processed in a secure environment and appear as "Epik One, Inc." on your credit card statement.

Completed Service
  1. Upon completion of your UrchinExperts paid service or support plan, you will be notified to remove our access from your Urchin Software account(s).
  2. UrchinExperts reserves the right to stop or refuse service to anyone for any reason at any time.

Paid Support Plans
  1. Support incidents are billed in twenty (20) minute increments (e.g. if it takes 17 minutes to resolve your ticket, 20 minutes is billed to your remaining support time).
  2. Unused support time on hourly plans is available as needed until thirty (30) days for the 1 Hour Plan, six (6) months for the 3 Hour Plan), or one (1) year (for the 8 Hour Plan from date of purchase.
  3. Month-ending unused support time on the Annual Support Plan does not rollover.
  4. Unused support time is non-refundable and non-transferable.
  5. Support requests must be made via the UrchinExperts online ticketing system (login and password information is provided upon support plan purchase).
  6. Support is available 9am-5pm Eastern Time, Monday-Friday.
  7. initial response to a submitted ticket is within 24 hours. Tickets submitted on Fridays are responded to by the following Monday. In an initial response may not be a solution, but request for further information.

Modifications to the Service and Prices
  1. UrchinExperts reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, any Service (or any part thereof) with or without notice.
  2. Prices of all Services, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the UrchinExperts website or in an notification email sent to customers.
  3. UrchinExperts shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

Modifications to Terms of Service

UrchinExperts reserves the right to update and change the Terms of Service from time to time without notice. Any new features or enhancements to the current Services shall be subject to the Terms of Service. Continued use of a Service after any such changes shall constitute your consent to such changes.

Inquiries regarding UrchinExperts Terms of Service can be directed to: info@epikone.com

Copyright 2008. UrchinExperts is a pending service mark of Epik One, Inc. All Rights Reserved.
Close this window