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Probable Futures Pro Tool Alpha User License Terms

These License Terms were last updated on September 30, 2022.

By using the Probable Futures Pro Tool (the “Tool”) made available on our Site, you agree to these License Terms. These License Terms are incorporated by reference into the binding agreement formed by your use of our Site, as described in the Terms of Use. Capitalized terms used but not defined herein shall have the meaning given to them in the Terms of Use. 

BY USING THE TOOL, YOU AGREE, WITHOUT LIMITATION OR QUALIFICATION, TO BE BOUND BY THE TERMS OF USE, THESE LICENSE TERMS, AND ANY ADDITIONAL TERMS THAT MAY APPLY. IF YOU DO NOT AGREE WITH THESE TERMS, PLEASE DO NOT USE THE TOOL. 

THESE LICENSE TERMS ARE SUBJECT TO THE TERMS OF USE.  IN THE EVENT OF A CONFLICT BETWEEN THESE LICENSE TERMS AND THE TERMS OF USE, THESE LICENSE TERMS SHALL CONTROL WITH RESPECT TO ANY MATTERS RELATING TO YOUR USE OF THE TOOL.

1. Access to the Site.  

  • Access Credentials. Probable Futures may provide you with one or more access keys, usernames and passwords, or other means (each, an “Access Key”) to access the Tool. Only you or your employees may use these Access Keys to access and/or use the Tool and the Data made available through the Tool. Those employees authorized to access and/or use the Tool and the Data are referred to herein as “Authorized Participants.” Probable Futures may limit the number of Authorized Participants. You must keep all of the Access Keys confidential, and you may not sell, share, transfer, or otherwise make the Access Keys available to anyone other than Authorized Participants. 
  • Responsibility for Authorized Participants. You are responsible for all activities that occur using the Access Keys that Probable Futures provides to you or that you create with respect to the Tool.  You are also responsible for ensuring that all Authorized Participants comply with the terms and conditions of this Agreement. We reserve the right to suspend your access and that of any Authorized Participants at any time, for any or no reason, including where we have reason to believe that unauthorized use of the Tool is occurring using your Access Keys.

2. Your Content

If you submit or upload information or material to the Site, through any means, including through the Tool, (collectively, “Your Content”) you grant Probable Futures a nonexclusive, royalty-free, worldwide, perpetual, irrevocable, and fully sublicensable and transferable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display Your Content throughout the world in any media, now or later known, to  provide services and resources to you through the Site.  You represent and warrant that: (i) you have the right, power, authority, and capacity to grant to Probable Futures the rights and licenses to Your Content granted herein, including any intellectual property or other proprietary rights; (ii) Your Content and your submission, upload, and use of Your Content, do not breach or conflict with these License Terms or any other agreement, understanding, or other obligation by which you are or will be bound; and (iii) Your Content and your submission, upload, and use of Your Content will not cause injury or risk of injury to any person or entity, including any privacy or security risk. Probable Futures has no responsibility for any of Your Content or the consequences of you sharing any of Your Content with others.  We have the right, but not the obligation, to monitor and edit or remove any of Your Content from the Site in our sole discretion without notice or consent.

3. Your Responsibilities. 

With respect to the Tool and the Data made available through the Tool, you will comply with the following: 

  • You agree to use reasonable efforts to: (i)  provide Probable Futures with your recommendations on improvements to the Data or the Tool; and (iii) notify Probable Futures of any problems that you identify or experience with the Data or the Tool and to cooperate reasonably with Probable Futures in resolving such problems.
  • You understand that the Tool is currently in alpha, beta, or other testing and may not be ready for commercial deployment.  Accordingly, you agree that you will not share with any third party or publicly disclose the Data or the Tool without prior written consent from Probable Futures.  However, you may discuss the Tool and Data with other users who are participating in a Probable Futures-sponsored test of the Tool, including on discussion forums that Probable Futures may facilitate and make available to you and other testing users (e.g., Slack or Discord groups).   
  • You will not, and will not attempt to: (i) distribute, sell, lend, rent, lease, transfer, assign, or grant any rights in or to all or any portion of the Tool, Data or Access Keys to any third party; (ii) remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in the Tool, Data, or Access Keys; or (iii) disparage or injure the reputation or goodwill of Probable Futures, any of its affiliates, or any of their donors, officers, directors, or employees.

4. Ownership

As between the parties, (i) Probable Futures owns and retains all right, title, and interest in and to, and neither You nor any Authorized Participant will acquire any right, title or interest in or to, the Tool and the Data and any improvements and modifications thereto and new versions thereof; and (ii) You own and retain all right, title, and interest in and to, and, except for the express licenses stated in these License Terms or the Terms of Use, Probable Futures will not acquire any right, title or interest in or to, Your Content. Except as expressly provided in these License Terms or the Terms of Use, neither party grants, nor shall the other party acquire, any right, title or interest (including any implied license) in or to any property of the other party under these License Terms or the Terms of Use. All rights not expressly granted are reserved by us. 

5. Support

We may provide you with technical support for using the Tool or the Data made available through the Tool, but we are under no obligation to provide support and may stop providing support at any time.

6. No Warranties.  

There is no warranty or guarantee that any version of the Tool or the Data made available through the Tool will ever be made publicly available outside of a testing environment. We may cease providing the Tool or the Data or may change the features, functions, format, or operation thereof, at any time and from time to time.