FinanceWorks™
End User License Agreement.
1. LICENSE GRANT AND RESTRICTIONS. You are granted a personal, limited, non-exclusive, non-transferable license, to electronically access and use the Finance Works Software (the "Software") solely to manage your financial data.
In addition to the FinanceWorks software, the term "Software" includes any other programs, tools, internet-based services, components and any "updates" (for example, Software maintenance, service information, help content, bug fixes, or maintenance releases etc.) of the Software that is made available to you. Certain Software may be accompanied by, and will be subject to, additional terms.
You are not licensed or permitted to do any of the following and shall not allow any third party to do any of the following: (i) access or attempt to access any other systems, programs or data that are not made available for public use; (ii) copy, reproduce, republish, upload, post, transmit, resell or distribute in any way the material from the FinanceWorks site; (iii) permit any third party to benefit from the use or functionality of the Software or services via a rental, lease, timesharing, service bureau, or other arrangement; (iv) transfer any of the rights granted to you under this license; (v) work around any technical limitations in the Software, use any tool to enable features or functionalities that are otherwise disabled in the Software, or decompile, disassemble, or otherwise reverse engineer the Software except as otherwise permitted by applicable law; (vi) perform or attempt to perform any actions that would interfere with the proper working of the Software or services, prevent access to or the use of the Software or services by other licensees or customers, or impose an unreasonable or disproportionately large load on the infrastructure; or (vii) otherwise use the Software except as expressly allowed under this Section 1.
2. OWNERSHIP. The Software is protected by copyright, trade secret and other intellectual property laws. You do not have any rights to the trademarks or service marks.
3. LICENSEE ACCESS INFORMATION AND ACCOUNT DATA. You are solely responsible for (i) maintaining the confidentiality and security of your access number(s), password(s), security question(s) and answer(s), account number(s), login information, and any other security or access information, used by you to access the Software, services and your financial institution accounts (collectively, "Licensee Access Information"), and (ii) preventing unauthorized access to or use of the information, files or data that you store or use in or with the Software and services (collectively, " Account Data"). You are responsible for providing access and assigning passwords to other users under your account for the Software and services, and ensuring that such authorized users comply with this agreement. You will be responsible for all electronic communications, including account registration and other account holder information, email and financial, accounting and other data ("Communications") entered using the Licensee Access Information. It is assumed that any Communications received through use of the Licensee Access Information were sent or authorized by you. You agree to immediately notify us if licensee becomes aware of any loss, theft or unauthorized use of any Licensee Access Information. We reserve the right to deny you access to the Software or services (or any part thereof) if we reasonably believe that any loss, theft or unauthorized use of Licensee Access Information has occurred. You must inform us of, and hereby grants to us permission to use, Licensee Access Information to enable us to provide the services to you, including updating and maintaining Account Data, addressing errors or service interruptions, and to enhance the types of data and services we may provide to you in the future.
Anonymous, aggregate information may be used to conduct certain analytical research, database marketing and marketing program execution activities on behalf of your Financial Institution(s) and its third party vendors. Your Financial Institution's third party vendors may publish summary or aggregate results relating to metrics comprised of research data from time to time and distribute or license such aggregated research data to third parties. Additionally, automated technology may be used to tailor messages or advertisements that best reflect your interest and needs.
4. FINANCIAL INSTITUTION SERVICES.
4.1 General. In connection with your use of the Software and as part of the functionality of the Software, you may have access to certain online services that may be made available by your financial institutions ("FI Services"), including online banking, online payment, online investment account download, online bill pay, and online trading. The Software is designed to allow you to access FI Services (if and to the extent provided by your financial institutions) to set up banking information, schedule the Software to access your account(s), download transactions into the Software and otherwise aggregate information from your account(s) with your financial institutions. You acknowledge and agree that we have no control over the provision of FI Services or provision of access to the FI Services by your financial institutions, do not guarantee that you will be able to use the Software with the FI Services, and will have no liability whatsoever for any actions or inactions on the part of the financial institutions resulting in your inability to use the Software to access your accounts, obtain data, download transactions, or otherwise use or access the FI Services.
4.2 Collection of Financial Institution Account Information. You acknowledge that in accessing the FI Services through the Software, your financial institution account access number(s), password(s), security question(s) and answer(s), account number(s), login information, and any other security or access information, and the actual data in your account(s) with such financial institution(s) such as bank balances, credit card charges, debits and deposits (collectively, "FI Account Data"), may be collected and stored in the Software. You authorize us, in conjunction with the operation and hosting of the Software, to use certain FI Account Data to (i) collect your FI Account Data, (ii) reformat and manipulate such FI Account Data, (iii) create and provide hypertext links to your financial institutions, (iv) access the financial institutions' websites using your FI Account Data, and (v) take such other actions as are reasonably necessary to perform the actions described in (i) through (iv). You hereby represent that you are the legal owner of your FI Account Data and that you have the authority to appoint, and hereby expressly do appoint us or our third party vendors as your agent with limited power of attorney to access and retrieve your FI Account Data on your behalf. You further acknowledge that we do not, nor does our third party vendor review your FI Account Data and agree that we are not responsible for its completeness or accuracy. Any transactions or informational activities performed at any financial institution's website are not made through the Software and we assume no responsibility for such transactions or activities. You are solely responsible for any charges associated with your financial institutions.
4.3 Information from Financial Institutions' Websites. You acknowledge and agree that (i) some financial institutions may not allow the Software to access the FI Services, (ii) financial institutions may make changes to their websites, with or without notice to us, that may prevent or delay aggregation of information from such websites, and (iii) the Software "refreshes" the FI Account Data by collecting the FI Account Data nightly, so your most recent transactions may not be reflected in any account balances or other account information presented to you in the Software. If you see a discrepancy in the FI Account Data, and in any case before making any transactions or decisions based on such account information presented in the Software, licensee should check the last refresh date for the account and confirm FI Account Data is correct by following the link back to the applicable financial institution or otherwise confirm that FI Account Data is up to date and accurate.
5. SOFTWARE USE, STORAGE AND ACCESS. We shall have the right, in our sole discretion and with reasonable notice posted on the FinanceWorks site and/or sent to your email address provided in the Registration Data, to establish or change limits concerning use of the Software and services, temporarily or permanently, including but not limited to (i) the amount of storage space you have on the Software at any time, and (ii) the number of times (and the maximum duration for which) you may access the Software in a given period of time. We reserve the right to make any such changes effective immediately to maintain the security of the system or Licensee Access Information or to comply with any laws or regulations, and to provide you with electronic or written notice within thirty (30) days after such change. You may reject changes by discontinuing use of the Software and services to which such changes relate. Your continued use of the Software or services will constitute licensee's acceptance of and agreement to such changes. Maintenance upon the Software or services may be performed from time-to-time resulting in interrupted service, delays or errors in the Software or services. Attempts to provide prior notice of scheduled maintenance will be made, but we cannot guarantee that such notice will be provided.
6. THIRD PARTY SERVICES. In connection with your use of the Software, you may be made aware of services, products, offers and promotions provided by third parties, ("Third Party Services"). If you decide to use Third Party Services, you are responsible for reviewing and understanding the terms and conditions governing any Third Party Services. You agree that the third party is responsible for the performance of the Third Party Services.
7. THIRD PARTY WEBSITES. The Software may contain or reference links to websites operated by third parties ("Third Party Websites"). These links are provided as a convenience only. Such Third Party Websites are not under our control. We are not responsible for the content of any Third Party Website or any link contained in a Third Party Website. We do not review, approve, monitor, endorse, warrant, or make any representations with respect to Third Party Websites, and the inclusion of any link in the Software or services is not and does not imply an affiliation, sponsorship, endorsement, approval, investigation, verification or monitoring by us of any information contained in any Third Party Website. In no event will we be responsible for the information contained in such Third Party Website or for your use of or inability to use such website. Access to any Third Party Website is at your own risk, and you acknowledge and understand that linked Third Party Websites may contain terms and privacy policies that are different from ours. We are not responsible for such provisions, and expressly disclaims any liability for them.
8. EXPORT RESTRICTIONS. You acknowledge that the Software is subject to the U.S. Export Administration Regulations (15 CFR, Chapter VII) and that you will comply with these regulations. You will not export or re-export the Software, directly or indirectly, to: (1) any countries that are subject to US export restrictions; (2) any end user who has been prohibited from participating in US export transactions by any federal agency of the US government; or (3) any end user who you know or have reason to know will utilize them in the design, development or production of nuclear, chemical or biological weapons. You further acknowledge that this product may include technical data subject to export and re-export restrictions imposed by US law