Free Stuff Addendum
This Free Stuff Addendum (“FSA”) is entered into by G2.com, Inc. (“G2”) and the entity (“User”) receiving any Content or Service that User obtains from G2 free of charge (“Free Stuff”) (including, but not limited to Freemium profile use, free reports, free trials, etc.). If User has a Service Order with G2, they are the entity identified as Client on the Service Order, and this FSA is incorporated into the Master Service Agreement (“Agreement”), or a similar agreement regarding the Services, entered into by both parties. Any capitalized term used herein not otherwise defined has the meaning set forth in the Agreement, available at https://legal.g2.com/master-service-agreement.
The FSA applies in addition to the Terms of Use and Content Usage and Data Guidelines which also govern the use of Free Stuff. In case of conflict, this FSA governs use of Free Stuff.
1. USAGE LIMITS. In G2’s sole discretion, G2 may subject Free Stuff to usage limits at any time and G2 may choose to stop providing Free Stuff or require User to purchase subscriptions to the Services at its sole discretion.
2. USER CONTENT. User retains ownership of all rights, title, and interest in anything provided to G2 in connection with the Services (“User Content”). User grants G2 a non-exclusive, royalty-free license to host, copy, distribute, display, and otherwise make use of User Content to provide the Services. Any User Content used by User during the Free Stuff Period and any customization may be permanently lost unless User purchases a subscription for the same Service or exports the User Content before Free Stuff Period ends. User may not transfer any User Content or customizations used as part of the Free Stuff to a Service that would be a downgrade from the Free Services. User is solely responsible for exporting User Content before the end of the Free Stuff Period. While the User is not required to provide feedback (“Feedback”) about the Services, any provided Feedback grants G2 a non-exclusive, perpetual, worldwide, royalty-free, transferable, and irrevocable license to use and incorporate it into the Services.
3. LIABILITY DISCLAIMER. THE FREE STUFF IS PROVIDED “AS IS” AND “AS AVAILABLE.” G2 DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS SITE, SERVERS, CONTENT, OR EMAILS, INCLUDING THAT THEY ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT.
G2, WHICH INCLUDES ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES, WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR ACCESS TO OR USE OF THIS SITE. THIS INCLUDES ANY ISSUES RELATED TO DELAY OR INABILITY TO ACCESS OR USE THIS SITE (INCLUDING, BUT NOT LIMITED TO, YOUR RELIANCE UPON OPINIONS APPEARING ON THIS SITE; ANY COMPUTER VIRUSES, INFORMATION, CONTENT, SUBMISSIONS, SOFTWARE, LINKED SITES, PRODUCTS, OR SERVICES OBTAINED OR ACCESSED THROUGH THIS SITE; OR OTHERWISE ARISING OUT OF THE ACCESS TO, DISPLAY ON, OR USE OF THIS SITE) WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF G2 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
The limitation of liability reflects the risk allocation between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these Terms is found to have failed of its essential purpose. The limitations of liability provided in these Terms inure to the benefit of G2.
4. INDEMNIFICATION
You agree to defend and indemnify G2, its affiliates and licensees, and their officers, directors, employees, and agents against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties, liabilities, or expenses, legal and accounting fees, arising from (a) your breach of these Terms and all terms incorporated by reference, (b) your violation of any law or third party rights, or (c) your use of this Site. G2 reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any such matter without the prior written consent of G2. G2 will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
5. INTERPRETATION AND UPDATES.
G2 may update this FSA periodically without notice. Additional terms and conditions may appear on a Free Stuff registration. Any such additional terms and conditions are incorporated into this FSA by reference. In the event you receive Free Stuff, then the Free Stuff Addendum applies to your access and use of that Free Stuff. In the event of any conflict between the Free Stuff Addendum and any other terms between you and G2, the Free Stuff Addendum will take priority over those terms as they relate to the Free Stuff.
6. TERM.
This FSA is effective from the User’s receipt of Free Stuff until the earlier of (a) cancellation by User with written notice to G2, (b) end of a mutually agreed upon Free Stuff term, (c) the Term Start date for the same paid Services (as set forth in the Service Order), or (d) termination by G2 at its discretion, possibly without notice (collectively, “Free Stuff Period”).