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 * Who we help
 * Why SalesIntel
 * How it works
 * Pricing
 * Resources
 * Login
 * Get Started

 * Login
 * Request a Demo

 * SalesCurated lists for successful prospecting
 * SDRs and BDRsPowerful insights for intelligent outreach.
 * MarketingTargeted pipeline for effective campaigns.
 * RevOpsTrusted data for exceeding business goals.
 * Customer SuccessComing Soon

 * How We’re Different
   * Human Verification95% accurate data
   * Comprehensive SupportReal data experts at your service.
   * Real Mobile NumbersLargest human-verified list in the industry.
 * What We Offer
   * Contact DataCurated lists. Peerless data quality.
   * Intent DataThe inside scoop on potential buyers.
   * Company TechnographicsSoftware insights for targeting prospects.
   * Company FirmographicsIndustry intelligence for discovering ICPs.
   * News & AlertsComing Soon
 * How We Help You
   * Research on DemandData sourced on your timeline.
   * Success for allResponsive support and service.
   * Guided TransitionsAn effortless database transition experience.
 * Compare us to ZoomInfo

 * Plan
   * Acquire the data you need
   * Understand your addressable market
   * Cleanse your data
   * Enrich your database
   * Append missing data
 * Execute
   * Prospect efficiently
   * Target your advertising
   * Fill data gaps on demand
   * Leverage intent data for ABM
   * Automate your sales & marketing stack
   * Enrich data in real timeComing Soon
 * Integrations
   * CRMSalesforce, Microsoft Dynamics, Zoho
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SALESINTEL END USER LICENSE AGREEMENT

Dec 2, 2021; updated January 9, 2023



END USER LICENSE AGREEMENT

NOTICE AND DEFINITIONS

Please read this document carefully before proceeding. This is a legal agreement
between the client entity and its Permitted Affiliates listed on the applicable
Order Form (“Client”) and SalesIntel Research Inc, and any of its subsidiaries
or affiliates, a Delaware limited liability corporation with offices at 1100 N
Glebe Road, Suite 1010, Arlington VA 22201 (“SalesIntel”) (individually a
“Party” and collectively the “Parties”) and governs Client’s use of the
SalesIntel services set forth on the applicable order form(s) (“Order Form(s)”),
incorporated into this Agreement by reference. Together, active Order Forms
describe the “Services.” Services are made available through the SalesIntel
website (the “Site”). By accessing or using the Services, Client agrees to be
bound to the terms of this end user license agreement (the “Agreement” or the
“EULA”) in its entirety. The individual signing the Order Form represents and
warrants that he or she has the necessary authority to bind Client. For good and
valuable consideration, for which the receipt and sufficiency of such is
acknowledged, the Parties hereby agree as follows:

 1. GRANT OF LICENSE

1.1 This Agreement governs Client’s use and access of the Licensed Materials (as
defined below), made available to Client by SalesIntel.

1.2 Subject to these Agreement terms and an applicable Order Form, the “Licensed
Materials” consist of all licensed information and content on the Site,
Services, and any other materials or electronic information reasonably related
to Client’s use of the Site and Services, including but not limited to:
SalesIntel proprietary data, licensed third-party data, technology products,
software, websites, Chrome Plugin (RevDriver), networks, and equipment made
available by SalesIntel pursuant to this Agreement.

1.3 Subject to the terms and conditions of this Agreement, and provided that
Client first pays all of the required fees set forth under the applicable Order
Form(s), SalesIntel hereby grants Client a limited, revocable, non-exclusive,
non-transferable license to access and use the Services and Licensed Materials.

1.4 Client may:

(a) use the Site, Services, and Licensed Materials solely for Client’s internal
business purposes, which are sales, marketing, business development, customer
success, or recruiting purposes, during the Term as set forth in the applicable
Order Form (the “Permitted Use”). Data obtained by Client through the Services
prior to termination may be used indefinitely subject to Section 5.2, below.

(b) for the Permitted Use, make copies of the Licensed Materials and export CSV
format files, provided that any such copies and exports are maintained and held
in a manner for which Client would protect its own confidential information, but
with no less than reasonable care. This EULA, the Services, and Client’s
Permitted Use are subject to any applicable export and data privacy laws,
orders, restrictions, or regulations.

1.5 Client may not, and Client agrees that it will not permit others (including
its agents and affiliates not named in the applicable Order Form) to:

(a) reproduce the Site, Services, and Licensed Materials or remove any
proprietary notices, ownership labels or marks therefrom, except as expressly
permitted above with respect to the Licensed Materials;

(b) modify, translate, create derivative work(s), copy, broadcast, transmit,
publish, remove or alter any proprietary notices or labels, license, sublicense,
mirror, frame, exploit, reverse engineer, decompile, disassemble, or otherwise
attempt to (i) defeat, avoid, bypass, remove, deactivate, or otherwise
circumvent any software protection mechanisms in the Site, Services, or Licensed
Materials, including without limitation any such mechanism used to restrict
access to or control the functionality of Licensed Materials; (ii) derive the
source code or the underlying ideas, algorithms, structure, or organization from
the Site or Services; or (iii) use in any manner not expressly permitted under
this Agreement;

(c) access, extract, or copy information from the Licensed Materials using
automated means such as crawlers, bots, scripts, or intelligent agents;

(d) lease, private label, grant a security interest in, sell, resell, transfer,
distribute, rent, or otherwise allow access to the Site, Services, or Licensed
Materials to any third party. Prohibited uses include (i) Users sharing
passwords, (ii) use of the Service’s proprietary data for the benefit of third
parties including Client customers, or, (iii) use by any contractors,
affiliates, or subsidiaries of Client not expressly named in an applicable Order
Form;

(e) integrate Licensed Materials into any of Client’s systems such as a CRM or
marketing automation system, unless the Licensed Materials are maintained in a
manner that (i) includes (i) labels identifying SalesIntel as the data source,
or, (ii) links the Licensed Materials in the CRM or marketing automation system
to SalesIntel for reporting purposes and notates in any system documentation
that Licensed Materials originate from SalesIntel and its Licensees.

(f) introduce into the Site or Services any viruses, Trojan horses, time bombs,
trap doors, or other harmful or malicious code;

(g) use the Site, Services, or Licensed Materials for any illegal purpose or in
connection with any data or content that is illegal or otherwise infringes or
violates the rights of any third parties; or

(h) export or re-export, directly or indirectly, the Services or Licensed
Materials into any country prohibited by the United States Export Administration
Act and the regulations thereunder.

1.6  This is a license and not a sale. All right, title, interest, copyrights,
trade secrets, know-how, trade names and service marks, and all other rights to
the Site, Services, and Licensed Materials shall remain the exclusive property
of SalesIntel. All goodwill arising in or from the SalesIntel brand shall inure
solely to SalesIntel’s benefit.

 2. DELIVERY OF SERVICES/LICENSED MATERIALS

2.1 SalesIntel will make the Licensed Materials available to Client in digital
form via online, password-protected access as part of the Services and through
APIs, unless as mutually agreed in writing by the Parties. Client will create
unique login IDs and passwords for each unique User up to the total number of
Users set forth on the applicable Order Form. Access credentials shall not be
shared by more than one individual. “User(s)” means Client employees and
Permitted Affiliates (including any authorized contractors) using the Licensed
Materials for the sole benefit of Client and expressly named in the applicable
Order Form. Users cannot access the Services for more than one 12-hour session
in any 24-hour period and/or Users cannot reveal more than 3000 company contacts
per month. Client shall be responsible for the acts or omissions of any person
using passwords or access procedures provided to or created by Client.
SalesIntel reserves the right to monitor usage, refuse registration, or to
suspend or cancel login IDs; SalesIntel may elect to charge Client for the extra
User access if the terms of this Section 2.1 are violated.

2.2 Quality Guarantees.

Accuracy Guaranty. During the term of this Agreement, if Client finds that
human-verified contact information in the Licensed Materials is not at least 95%
accurate, in aggregate, SalesIntel will have thirty (30) days following Client’s
written notice of such inaccuracy to correct the information.

Availability Guaranty. During the applicable Order Form Term, SalesIntel’s
portal and Services will be available at least 99.9% of the time on a monthly
basis, excluding planned outages for system maintenance.

2.3 Support. SalesIntel provides reasonable assistance and ongoing support to
assist the Client in accessing the Licensed Materials. SalesIntel personnel are
available by email, online chat, or phone for feedback, problem solving, or
general questions between the hours of 8:00 a.m. and 8:00 p.m. Eastern Time
(Monday – Friday).

 

 3. INTELLECTUAL PROPERTY AND PROPRIETARY RIGHTS

3.1 SalesIntel reserves all rights not expressly granted herein. Without
limiting the foregoing, no rights are granted to access or use the Site or
Services to build any product or service. SalesIntel or its licensors retain all
right, title, and interest in and to the Site and Services and in any and all
patents, copyrights, trade secrets, trademarks, and other intellectual property
and proprietary rights thereto, including any registrations, applications,
renewals, and extensions of these rights. Client further agrees that the
originals, and any copies that may be made or exported, with regard to the
Services or sales contacts are and shall continue to be at all times the
exclusive property of SalesIntel. Client will not take any action, directly or
indirectly, in contravention of such ownership.

 4. LICENSE/SUBSCRIPTION FEES

4.1 Client shall pay all fees stated in the applicable Order Form (the
“Subscription Fee”). All Subscription Fees are payable according to the payment
terms set forth in the Order Form, however if no time is specified, then such
Subscription Fees shall be payable immediately upon Client’s receipt of the
invoice. All amounts shall be payable without any tax withholding or deduction.

4.2 If Client fails to make timely payment on any Subscription Fees, without
limiting any other remedy available to it, SalesIntel reserves the right to
withhold or suspend Client’s access and use of the Licensed Materials and
Services until all past-due payments are made. Notwithstanding the foregoing, if
Client is more than 45 days past due, then all outstanding Subscription Fees
payable under the Order Form(s) become due.

 5. TERM AND TERMINATION

5.1 Term. This license will continue for the subscription period(s) set forth in
the applicable Order Form, unless otherwise terminated (the “Term”).

5.2 Either Party may terminate this Agreement immediately upon written notice if
the other Party materially breaches any provision of this Agreement and does not
cure such breach within 30 calendar days from written notice of such breach.
Except as otherwise indicated under this Agreement, Client shall immediately
cease use of the Licensed Materials and Services, and all licenses granted under
this Agreement with respect to such Licensed Materials shall expire, upon the
termination of this Agreement. Client shall immediately pay any unpaid fees due
under this Agreement. Except as necessary to exercise the rights provided
hereunder, each Party will promptly return or destroy all of the other Party’s
applicable Confidential Information within its possession or control, and/or
certify its actions in writing. Client may continue to use company or contact
information derived through the Licensed Materials in compliance with this
Agreement, following termination of this Agreement strictly in compliance with
the restrictions under this Agreement.

5.3 If SalesIntel reasonably believes that Client’s use of the Services or
Licensed Materials violates the terms of this Agreement, SalesIntel may suspend
Client’s access to the Services or Licensed Materials upon written notice to
Client.

 6. CONFIDENTIAL INFORMATION

6.1 “Confidential Information” shall mean all documents in these Agreement terms
including pricing, information, and data of a Party which has been or may
hereafter be disclosed, directly or indirectly, to the other Party, including
the Licensed Materials (with the exception of data exported and used in
accordance with the terms of this Agreement), the Services, trade secrets, data,
benchmark or test results, technical information, financial information,
business information (including business plans, strategies and practices),
ideas, and know-how, either orally, in writing or in any other form pursuant to
or in connection with this Agreement which is indicated to be confidential or
the receiving Party should reasonably understand to be confidential. Client may
not disclose the Services and data to SalesIntel competitors.

6.2 Each Party agrees to take all necessary steps to protect any Confidential
Information of the other Party with at least the same degree of care that the
receiving Party uses to protect its own confidential and proprietary information
of like kind, but no less than reasonable care. Neither Party shall use the
other Party’s Confidential Information other than for purposes related to the
use of the Licensed Materials and Services in accordance with each Party’s
obligations under this Agreement. Notwithstanding the foregoing, a Party may
disclose Confidential Information, if necessary, if such Confidential
Information (a) was known to such Party, as demonstrated by written records, or
was in the public domain prior to the time it was obtained by such Party; (b)
subsequently becomes generally available to the public by publication through no
fault of a Party or breach of this Agreement; or (c) is required by court,
governmental, administrative, or another legal order.

6.3 Of the Confidential Employee Information provided by Client, SalesIntel only
stores information required to create Client’s account and User IDs, and to
provide the Services and Licensed Materials to Client.

6.4 Personal Information. If either party shares personal data under this
Agreement subject to the E.U. General Data Protection Regulation (“GDPR”) or the
California Consumer Protection Act (“CCPA”) (together, leading “Data Privacy
Law”), each party agrees that it is a “controller” under GDPR with respect to
such data and agrees to comply with applicable law and regulation. Subject to
Data Privacy Law, Client agrees not to use any data unless it is for a purpose
that constitutes a ‘legitimate interest’ (including but not limited to direct
marketing). SalesIntel, may publish a list of persons who have requested that
their personal information be removed from its databases; Client agrees to
review such list on a regular basis (no less frequently than once per month) and
to remove from its possession any User or Client Customer records relating to
such persons in its possession, unless Client has established an independent
lawful basis to process such person’s personal information.

6.5 Data Accuracy. Notwithstanding Section 6.1 above, nothing in this Agreement
shall restrict SalesIntel from using Client Data relating to the Services during
or after the Term, including, without limitation, to compile statistical
reports, to improve the Services to all clients, and/or to improve or augment
other SalesIntel commercial products or services. “Client Data” includes, but is
not limited to, all usage data, Services inquiries and requests for data
verification, trends and priority indicators, logs, session information, email
‘bounce data,’ and any other information derived from Client’s use of the
Services. In addition, Client acknowledges that Users may have the opportunity
to transmit business contact information to SalesIntel for purposes of matching,
cleansing, or updating records: Client agrees that SalesIntel may match, clean,
and verify Client Data business contact information for the Client as well as to
clean and supplement its commercial databases.

 7. DISCLAIMER OF WARRANTIES

7.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CLIENT AGREES THAT
SALESINTEL HAS MADE NO EXPRESS WARRANTIES REGARDING THE LICENSED MATERIALS OR
SERVICES AND THAT THE SITE, SERVICES, AND LICENSED MATERIALS ARE PROVIDED TO
CLIENT ON AN “AS IS” BASIS, WITHOUT ANY WARRANTY OF ANY KIND, INCLUDING WARRANTY
OF FITNESS FOR A PARTICULAR PURPOSE. SALESINTEL AND ITS LICENSORS, AGENTS,
OFFICERS, AND AFFILIATES DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO
THE SITE, SERVICES, AND LICENSED MATERIALS WHETHER EXPRESS, IMPLIED, STATUTORY,
OR OTHERWISE, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, OR
NONINFRINGEMENT OR THEIR EQUIVALENTS UNDER THE LAWS OF ANY JURISDICTION, OR ANY
WARRANTY ARISING OUT OF COURSE OF DEALING OR TRADE USAGE. IT IS CLIENT’S
RESPONSIBILITY TO BACK UP ANY DATA OR CONTENT PROVIDED TO CLIENT HEREUNDER.
CLIENT IS SOLELY RESPONSIBLE FOR THE ACCURACY, QUALITY, INTEGRITY, LEGALITY,
RELIABILITY, SECURITY, MAINTENANCE, AND STORAGE OF CLIENT DATA AND CONTENT.

7.2 Each party represents and warrants that it has the legal power to enter into
this Agreement.

 8. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL EITHER PARTY
OR ITS LICENSORS, AGENTS, OFFICERS, OR AFFILIATES BE LIABLE FOR LOSS OF DATA,
LOSS OF USE, LOST PROFITS, INTERRUPTION OF BUSINESS, COST OF COVER, OR OTHER
SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR INDIRECT DAMAGES ARISING FROM
THE USE OF THE SITE, THE SERVICES, OR THE LICENSED MATERIALS HOWEVER CAUSED AND
ON ANY THEORY OF LIABILITY. THIS LIMITATION SHALL APPLY EVEN IF SALESINTEL OR
ITS LICENSORS, AGENTS, OFFICERS, OR AFFILIATES HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. EXCEPT WITH RESPECT TO A PARTY’S BREACH OF ITS
INDEMNIFICATION AND CONFIDENTIALITY OBLIGATIONS, IN NO EVENT SHALL EITHER
PARTY’S TOTAL LIABILITY FOR DAMAGES ARISING OUT OF THIS AGREEMENT EXCEED THE
FEES PAID BY CLIENT FOR THE LICENSED MATERIALS AND THE SERVICES WITHIN THE
IMMEDIATELY PRECEDING TWELVE (12) MONTHS.

 9. INDEMNIFICATION

9.1 Client agrees to indemnify and hold SalesIntel, its licensors, agents,
officers, and affiliates harmless from any and all costs, losses, liabilities,
and expenses arising out of a third-party claim to the extent arising from
Client’s (i) breach of this Agreement, (ii) use of the Site, Services, Licensed
Materials, or any information or data derived therefrom, or (iii) gross
negligence or willful misconduct.

 

9.2 SalesIntel agrees to indemnify and hold Client, its licensors, agents,
officers, and affiliates harmless from any and all actual costs, losses,
liabilities, and expenses arising out of a third-party claim to the extent
arising from (i) Client Users’ use of the Site, Services and Licensed Materials,
or (ii) SalesIntel’s gross negligence or willful misconduct.

 10. MISCELLANEOUS

10.1 All notices or other communications permitted or required to be given
hereunder shall be sent by electronic mail to the email address set forth on the
Order Form for such purpose and shall be deemed provided when sent. If Client
fails to provide an email address for notices, SalesIntel may provide notices
hereunder by any means reasonably calculated to provide Client with actual
notice thereof.

10.2 This Agreement shall be exclusively governed by, and construed in
accordance with, the laws of the State of Delaware without regard to conflict of
laws principles.

10.3 Neither Party may assign this Agreement without express written consent
from the other Party, except that either Party may assign this Agreement to a
successor-in-interest pursuant to an assignment, merger, or sale of a majority
interest in its voting equity, or a sale of all or substantially all of its
assets or business, provided however that Client may not assign such rights to
any competitor of SalesIntel.

10.4 The Parties acknowledge and agree that the unauthorized disclosure of
Party’s Confidential Information or Licensed Materials may cause irreparable
harm to the other Party for which there is no adequate remedy at law and that
each Party shall be entitled to seek equitable and injunctive relief to prevent
further disclosure without the need to post bond or other security interest, in
addition to monetary damages and any other such relief as a court may determine
appropriate. Unless expressly stated herein, no remedy of the Parties is
intended to be, nor shall be construed as, an exclusive remedy, and each Party
retains all additional rights and remedies that it may have at law or in equity.

10.5 This Agreement constitutes the entire understanding of the parties and
supersedes all prior communications, understandings, and agreements relating to
the subject matter of this Agreement, whether oral or written. SalesIntel may
propose amendments to this Agreement at any time by providing notice of such
proposed amendments in a manner permitted hereunder. Such proposed amendments
shall be deemed accepted and become part of this Agreement thirty (30) days
after the date such notice is given unless Client informs SalesIntel that it
does not accept the proposed amendments, in which case the existing terms will
continue in full force and effect. No other modification to this Agreement shall
be valid unless by written amendment signed by both Parties hereto. All other
modifications shall be deemed void.

10.6 Neither Party nor any of its respective licensors, agents, officers, or
affiliates will be liable for any delay or failure to perform any obligation
under this Agreement where the delay or failure results from any cause beyond
its reasonable control, including, but not limited to, acts of God, labor
disputes or other industrial disturbances, pandemics or other public heath
emergencies, electrical or power outages, utilities or other telecommunications
failures, earthquakes, storms or other elements of nature, blockages, embargoes,
riots, acts or orders of government, acts of terrorism, or war.

10.7 Failure by a Party to insist on strict performance of any of the terms and
conditions of this Agreement will not operate as a waiver by the Party of that
or any subsequent default or failure of performance. Should any provision of
this Agreement be or become invalid or unenforceable in whole or in part, the
remaining provisions shall be valid and enforceable.

10.8 Right to Audit. Subject to Client’s reasonable security and confidentiality
procedures, SalesIntel, or any third party retained by SalesIntel, may at any
time upon prior reasonable notice, during normal business hours with appropriate
workspace provided, audit the books, records, or accounts of Client pertaining
to the Services.

10.9 Survival. All terms and provisions of this Agreement, which by their
express terms or by nature and context are intended to come into force or to
survive termination or expiration of this Agreement, shall not be affected by,
and shall survive, any such termination or expiration. For the avoidance of
doubt, the following Sections shall survive termination or expiration of this
Agreement: 1.4, 1.5, 3, 5, 6, 7, 8, 9.1, and 10.

10.10 In the event of any dispute arising under or out of this Agreement, the
prevailing Party shall be entitled to recover its reasonable costs and expenses
incurred in enforcing the terms of this Agreement, including but not limited to,
reasonable attorney’s fees.

 


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