Dun & Bradstreet Free Trial Terms
Dun & Bradstreet Free Trial Terms
These Terms were last updated on July 3, 2018.
BY USING THE TRIAL, YOU (ALSO REFERRED TO AS “CUSTOMER” OR “USER”). IF YOU DO NOT AGREE WITH THIS TERMS, YOU MAY NOT ACCESS OR USE THE TRIAL
We reserve the right to refuse to provide you access to the Service or to allow you to open an account for any reason.
1.1 D&B grants to Customer a non-exclusive, revocable, non-assignable and non-transferable license ("License") to use and display the Information in accordance with the terms of this Trial Agreement and only for the internal purpose of familiarizing itself with the Services and to understand its uses and applications. Customer may not make any commercial or production use of the Services whatsoever. D&B retains all ownership rights (including copyrights and other intellectual property rights) in the Services, in any form, and Customer obtains only such rights as are explicitly granted in this Trial Agreement.
1.2 If the terms of this Trial Agreement are accepted, your Trial will be active and end in accordance with the specifications provided to you regarding the Services. The Services (i) are available only for 1 user ("Authorized User"); (ii) are intended only for the Authorized User's individual use; and (iii) may not be shared with other persons or entities, either internally or externally. An Authorized User is authorized by Customer to access the Services during the term of this Trial Agreement, either online or after the Information has been accessed, in accordance with the terms of this Trial Agreement. D&B reserves the right to deny access to any and all users in excess of the number of Authorized Users.
1.3 You will not attempt to reverse engineer or access, modify, copy, or derive the source code, of any of the Services.
2. Restrictions on Use
2.1 The Services are licensed for Customer's internal use only. Customer will not provide Information, or other portions of the Services to others, whether directly in any media or indirectly through incorporation in a database, marketing list, report or otherwise, or use or permit the use of Information to generate any statistical or other information that is or will be provided to third parties (including as the basis for providing recommendations to others); use or permit the use of Information to prepare any comparison to other information databases that is or will be provided to third parties; or voluntarily produce Information in legal proceedings.
2.2 The API Services may only be accessed and used within the one application or use case. Load testing cannot be performed. Customer shall not perform or permit bulk/batch downloads or robotically or otherwise automatically harvest data using the API Services unless it has received D&B's prior written approval. D&B reserves the right to limit the volume of inquiries placed at any time. The API Services may be accessed by Customer only in the United States. Customer shall not share its user IDs and passwords outside the U.S., nor may it share Information with persons located outside the U.S.
2.3 Customer will not use data or information in or from the Services as a factor in establishing an individual's eligibility for (i) credit or insurance to be used primarily for personal, family, or household purposes, or employment purposes; or (ii) in any manner that would cause such information to be construed as a "Consumer Report" as defined in 15 U.S.C. § 1681a. Customer will not use any Services to engage in any unfair or deceptive practices. Customer will use the Services only in compliance with all applicable local, state, federal and international laws, rules, regulations and ordinances, including, but not limited to, laws and regulations promulgated by the Office of Foreign Assets Control, applicable trade sanctions and export restrictions, and all applicable laws and regulations regarding telemarketing, commercial e-mail (e.g. CAN-SPAM), customer solicitation (including fax and/or direct mail solicitation), data protection and privacy.
2.4 Upon expiration or termination of a License with respect to particular Information, or upon receipt of Information that is intended to supersede previously obtained Information, unless D&B instructs Customer otherwise, Customer will immediately delete or destroy all originals and copies of the Information, as applicable, and upon request, provide D&B with certification thereof.
3. Dun & Bradstreet D-U-N-S®Numbers
3.1 D&B grants Customer a non-exclusive, limited license to use D-U-N-S Numbers (excluding linkage D-U-N-S Numbers) solely for identification purposes and only for Customer's internal business use. Where practicable, Customer will refer to the number as a "D-U-N-S® Number" and state that D-U-N-S is a registered trademark of the Dun & Bradstreet, Inc. and its affiliates.
4.1 Though D&B and its affiliates use extensive procedures to keep its database current and to promote data accuracy, Customer acknowledges that the Information will contain a degree of error.
4.2 As to any D&B Services, Information which includes "Contact Information" (e.g. names, phone and facsimile numbers, wireless devices, e-mail addresses and physical addresses, and social media handles, usernames or IDs), Customer acknowledges that such Contact Information may not have been obtained directly from the individual who is the subject of, represented within, or identifiable by the particular piece of Contact Information, or as defined in European Privacy Legislation where applicable ("Data Subject") and the Data Subjects may not have opted-in or otherwise expressly consented to having their information sold for marketing purposes. D&B shall not be liable for any damages, losses, costs, claims or expenses with respect to any data privacy legal or compliance violation arising out of or related to Customer or any related parties' use of Information licensed hereunder. Customer will use the Contact Information only in compliance with all applicable local, state, federal and international laws, rules, regulations and requirements, including, but not limited to, those laws and regulations regarding telemarketing, customer solicitation (including fax advertising, wireless advertising and e-mail solicitation), data protection and privacy.
4.3 Customer agrees that Customer will not provide D&B any Social Security number, driver's license number, account number, credit or debit card number (other than Customer's own card for payment purposes, if applicable), or personal identification number or password that would permit access to the person's account, or any special categories of personal data as defined in European Privacy Legislation (these are personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, trade-union membership, the processing of genetic or biometric data for the purpose of uniquely identifying a natural person, data concerning health or data concerning a natural person's sex life or sexual orientation and data relating to criminal convictions and offences).
4.4 ALL SERVICES ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS. OTHER THAN AS EXPLICITLY STATED IN THIS TRIAL AGREEMENT, D&B DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, COMPLETENESS, CURRENTNESS, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. D&B DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE AND DISCLAIMS ANY WARRANTY OR REPRESENTATION REGARDING AVAILABILITY OF A SERVICE, SERVICE LEVELS OR PERFORMANCE. D&B WILL NOT BE LIABLE FOR ANY LOSS OR INJURY ARISING OUT OF, IN WHOLE OR IN PART, D&B CONDUCT IN PROCURING, COMPILING, COLLECTING, INTERPRETING, REPORTING OR DELIVERING SERVICES OR INFORMATION.
5. Copyrights and Other Proprietary Rights
5.1 The Services include copyrighted and copyrightable materials, including, without limitation, the D&B trademark, logo, design, text, graphics, forms and any other applicable materials, including the selection and arrangement of such elements (collectively, the "Materials"). In addition, the entire Services are copyrighted as a collective work under the United States and other copyright laws. D&B holds the copyright in the collective work. The collective work includes works that are licensed to D&B by its Third Party Suppliers. The collective work may also include works that are the property of D&B licensors, which are also protected by copyright and other intellectual property laws. Customer will not disclose, contest the validity of D&B or its affiliates' ownership of, or impair the value of, the Services in any way. Customer will reproduce D&B or its affiliate's copyright and proprietary rights legend on all copies of the Services. Customer shall not remove any copyright or other proprietary notices from the Services.
5.2 All trademarks, service marks, logos, trade names, and any other proprietary designations of D&B used herein are trademarks or registered trademarks of D&B. Any other trademarks, service marks and trade names are the trademarks or registered trademarks of their respective parties. Customer will not use any trademark, service mark or trade name of D&B or any of D&B affiliated companies in any press or news releases, publicity, advertising, or endorsement without the prior written approval of D&B.. Customer shall not disclose the terms of this Trial Agreement to any third party without D&B's consent.
5.3 D&B represents and warrants to Customer that, to D&B knowledge, the Information, when used in accordance with this Trial Agreement, does not violate any existing, U.S. copyrights, patents, trademarks, or other intellectual property rights of any third party. The foregoing warranty does not apply to the extent Customer modifies the Information in any way or combines the Information with material from third parties.
5.4 Customer shall implement and maintain security measures with respect to the Information in Customer's possession that effectively restrict access to Information only to Authorized Users with a need to know, and protect Information from unauthorized use, alteration, access, publication and distribution. In no event shall such security measures be less restrictive than those Customer employs to safeguard its most confidential information. Customer shall supply D&B with a description of such security measures at D&B request. In the event of an actual or suspected breach of such security measures, Customer shall notify D&B within 24 hours.
The license for use of the Service is effective until terminated. This license will terminate if you fail to comply with any of the terms and conditions of these Terms. In such event, no notice shall be required by us to effect such termination. We also reserve the right to change, modify, suspend or discontinue all or any portion of the Service, in our sole discretion, at any time and for any or no reason. We may also impose limits on certain features or restrict your access to parts of or the entire Service in our sole discretion and without notice or liability.
7. Your Consent to be Contacted
BY ACCEPTING THE TERMS OF THIS AGREEMENT, YOU EXPRESSLY AUTHORIZE D&B TO CONTACT YOU IN ANY LAWFUL MANNER, INCLUDING THROUGH THE USE OF AUTOMATIC AND/OR COMPUTERIZED DIALING SYSTEMS AND PRE-RECORDED MESSAGE AND CALL TECHNOLOGIES, AND FOR ANY LAWFUL PURPOSE, INCLUDING, BUT NOT LIMITED TO, ACCOUNT SUPPORT OR TO INFORM YOU OF OR PROMOTE OR MARKET D&B PRODUCTS AND THIRD PARTY SERVICES WHICH D&B BELIEVES MAY BE OF INTEREST TO YOU, AND YOU HEREBY UNAMBIGUOUSLY AGREE AND EXPRESSLY CONSENT TO RECEIVE SUCH MAILERS, EMAILS, TEXTS AND TELEPHONE CALLS.
YOU EXPRESSLY CONSENT TO BE CONTACTED AT THE ADDRESSES, TELEPHONE NUMBERS (INCLUDING MOBILE OR WIRELESS NUMBERS), AND EMAIL ADDRESSES YOU PROVIDE TO D&B (EITHER VERBALLY OR WRITTEN) AS CONTAINED IN YOUR D&B SERVICES, INFORMATION AND/OR SOFTWARE. YOU REPRESENT AND WARRANT THAT ANY MOBILE OR WIRELESS TELEPHONE NUMBER YOU PROVIDE BELONGS TO YOU AND IS ASSOCIATED WITH A MOBILE DEVICE IN YOUR POSSESSION. YOU HEREBY AGREE TO NOTIFY D&B AT YOUR EARLIEST CONVENIENCE IF YOUR MOBILE OR WIRELESS TELEPHONE NUMBER CHANGES. SHOULD YOU HAVE ANY QUESTIONS ABOUT WHICH ADDRESSES, TELEPHONE NUMBERS OR EMAIL ADDRESSES YOU PROVIDED TO D&B FOR THE ABOVE, PLEASE REVIEW YOUR ACCOUNT INFORMATION IN YOUR PRODUCT DASHBOARD OR PLEASE CALL D&B AT 844-839-6862.
YOUR CONSENT TO THE TERMS OF THIS SECTION IS NOT REQUIRED, DIRECTLY OR INDIRECTLY, AS A CONDITION OF PURCHASING ANY GOODS OR SERVICES, INCLUDING INFORMATION OR SOFTWARE, FROM D&B. SHOULD YOU NOT WISH TO CONSENT TO BEING CONTACTED FOR EITHER OR BOTH ACCOUNT SUPPORT OR PROMOTIONAL PURPOSES, OR TO REVOKE A CONSENT PREVIOUSLY GIVEN, YOU AGREE TO CONTACT US USING ONE OF THE FOLLOWING METHODS, OR ANOTHER METHOD THAT D&B HAS SPECIFIED, TO CLEARLY INFORM D&B OF YOUR DESIRE TO REVOKE CONSENT: BY CALLING 844-839-6862, EMAILING email@example.com, OR CLICKING https://www.dandb.com/communication-preferences/
8. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, D&B, ITS AFFILIATES, THIRD PARTY SUPPLIERS, LICENSORS AND BUSINESS PARTNERS, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES AND AGENTS, (COLLECTIVELY, THE "RELATED PARTIES") SHALL NOT BE LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THESE TERMS, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, FOR (I) ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES OF ANY KIND, INCLUDING LOST PROFITS, LOST DATA, LOST REVENUES, AND LOSS OF BUSINESS OPPORTUNITY, EVEN IF D&B AND/OR ANY OF THE RELATED PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, (II) THE USE OR THE INABILITY TO USE THE SITES OR ANY OF THE D&B PRODUCTS, OR (III) THE COST OF PROCURING SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY. WITHOUT LIMITING THE FOREGOING, IN NO CASE SHALL THE ENTIRE LIABILITY OF D&B OR ANY OF THE RELATED PARTIES TO YOU OR ANY THIRD PARTY EXCEED THE AMOUNT THAT YOU PAID TO D&B OR ITS DESIGNEES FOR THE APPLICABLE D&B PRODUCT DURING THE TWELVE-MONTH PERIOD IMMEDIATELY PRECEDING THE DATE OF LOSS OR $5,000, WHICHEVER IS GREATER.
YOUR SOLE REMEDY WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE SITES IS TO TERMINATE YOUR ACCOUNT AND DISCONTINUE ANY USE OF THE SITES.
Some jurisdictions do not allow the limitation of liability, so the foregoing limitation may not apply to you. In such states or jurisdictions, the liability of D&B and its Related Parties shall be limited to the fullest extent permitted by law.
9. Rights of Third Parties
Each Third Party Supplier and Related Party is a third party beneficiary of these Terms. These Terms are not intended to, nor may be deemed to create any rights of enforcement by, any other party.
10. Compliance with International Laws
10.1 Customer agrees to only use Information, Services or software in compliance with all applicable laws, regulations and directives (including without limitation applicable Privacy Laws, Anti-Corruption Laws, legislation and regulations regarding anti-spam, export control, marketing by means of electronic communications services, customer solicitation, consumer protection and consumer credit).
For purposes of these Terms:
“Anti-Corruption Laws” means the U.S. Foreign Corrupt Practices Act, the UK Bribery Act and the OECD Convention on Combating Bribery of Foreign Public Officials in International Business (and any other applicable anti-corruption legislation, guidelines and industry standards from time-to-time in force in a relevant jurisdiction);
“Privacy Laws” means the Directive 95/46/EC (Data Protection) (and any other applicable data protection legislation, guidelines and industry standards from time-to-time in force in a relevant jurisdiction, relating to the use and processing of personal data in that jurisdiction).
10.2 Privacy Principles for EU Personal Data
This Section applies only to the extent that Personal Data from the European Union (and as defined by European data protection legislation) is requested by Customer from D&B as part of the Trial. Personal Data from the European Union can only be transferred in accordance with applicable data protection laws, which currently require parties outside of jurisdictions deemed adequate by the EU to (i) enter into the EU standard contractual clauses, or (ii) process Personal Data in a manner consistent with privacy principles designed by the U.S. Department of Commerce and European Commission available at https://www.privacyshield.gov (“Privacy Principles”). D&B has certified to the Privacy Shield framework in order to legally transfer Personal Data to Customer, and accordingly, Customer and D&B each warrants and undertakes that: i) use of Personal Data will be for limited and legitimate purposes as specified in the Trial; ii) Each party will provide the same level of protection as the Privacy Principles and will notify the other party if it makes a determination that it can no longer meet this obligation; and (iii) upon notice, including under (ii), take reasonable and appropriate steps to stop processing such Personal Data or remediate unauthorized use.
Where Customer (including as an EEA-based data controller) provides EEA personal data to D&B (as an EEA-based data processor), and D&B needs to process such personal data in a country outside of the EEA in order to perform the Services, D&B and its non-EEA sub-processors shall (where required) only process such personal data on Customer's behalf in accordance with an EU approved data transfer mechanism.
To the extent that Customer transfers to D&B, any personal information subject to European Privacy Legislation, D&B will process such personal information in accordance with the D&B EU Data Processing Agreement. Notwithstanding Section 2 above in case of conflict between this Trial Agreement, and the D&B EU Data Processing Agreement, the D&B EU Data Processing Agreement shall prevail. For purposes of this Agreement, "D&B EU Data Processing Agreement" means the agreement retained at www.dnb.co.uk/dpa as updated from time to time as required of D&B by the European Privacy Legislation; and "European Privacy Legislation" means Directive 95/46/EC (Data Protection) and European Union Regulation 2016/679 and any other applicable data protection legislation including implementing legislation, guidelines and industry standards from time-to-time in force in a relevant jurisdiction, relating to the use and processing of personal information in that jurisdiction.
D&B reserves the right, on reasonable notice to Customer, to enter Customer's premises to audit Customer's compliance with the terms of this the Trial Agreement and Customer agrees to fully cooperate with D&B in such regard.
We reserve all rights not expressly granted herein. These Terms bind and inure to the benefit of the parties and their successors and permitted assigns, except that you may not assign these Terms (including directly, indirectly, by operation of law, through a direct or indirect change in control, or otherwise) without our prior written consent. Nothing in these Terms shall constitute a partnership or joint venture between you and D&B. Our failure at any time or times to require performance of any provision hereof shall in no manner affect our right at a later time to enforce the same unless the same is waived in writing. The laws of the State of New Jersey, (without giving effect to its conflicts of interest law principles) govern all the matters, including tort claims, arising out of or relating to this Trial Agreement, including, without limitation, its validity, interpretation, construction, performance, and enforcement. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act are expressly disclaimed. These Terms constitute the final, complete and exclusive agreement with respect to the Services and the Trial and may not be contradicted, explained or supplemented by evidence of any prior or contemporaneous agreement. All prior agreements, both oral and written, between the parties on the matters contained in these Terms are expressly cancelled and superseded by these Terms. Any amendments of or waivers relating to these Terms must be in writing signed by a duly authorized representative of D&B.