Contact information

Billing address

Licensing Agreement
This Licensing Agreement (the “Agreement”) is entered into on the date of purchase (the “Effective Date”), The Nimble Co. Group, LLC (“Nimble”) (collectively referred to as “Company”) and you. By purchasing a license for the Dashboard (as defined herein), you acknowledge that you have read, accepted and are legally bound by all of the terms, conditions, warranties, duties and obligations set forth in this Agreement. This agreement shall refer to you as “Licensee” and collectively with the Company, shall be referred to as the “Parties.”

Now therefore, in consideration of the mutual covenants and conditions contained herein, the Parties agree to the following terms:
Recitals. The Recitals described above are hereby incorporated by reference into this Agreement.

Rights Granted to Licensee. The Nimble Co hereby grants Licensee a limited, non-exclusive, non-transferable, revocable, license to use the Dashboard to create Pinterest marketing strategies and provide reporting for Licensee and/or Licensee’s clients.

Licensee may use the Dashboard only for its intended purpose to create Pinterest marketing strategies and provide reporting on those strategies for themselves or their own clients. Licensee’s rights are limited to those expressly stated herein and all other rights are reserved to The Nimble Co. All uses not permitted under this section are prohibited. By way of example and without limitation, Licensee may not: (a) disassemble, decompile, reverse engineer, or modify the Dashboard (b) examine the Dashboard with debugging, memory inspection, or disk inspection tools; (c) rent or sublicense the Dashboard; (d) permit use of the Dashboard by a person or entity other than Licensee; or (e) transmit an electronic copy of the Dashboard by any means.
Compensation. Licensee will pay a fee to Company per year for every ten (10) Pinterest accounts Licensee wishes to manage utilzing the Dashboard (the “License Fee”) and whether or not the Licensee chose to add on the ability to white-label the Dashboard. This fee was set at the time of checkout. For purposes of calculating the License Fee, the number of accounts shall always be rounded up to the next interval of ten. The first License Fee must be paid to Company within seven (7) days of signing this Agreement and access to the Dashboard will not be provided to Licensee until such payment has been made.
Licensee will be invoiced in advance for subsequent License Fees and such invoices are due upon date of invoice.
Company may suspend Licensee’s access to the Dashboard if any payment is outstanding. Accounts will be charged a late fee of ten percent (10%) per month for any balance thirty (30) days or more past due. All costs associated with the collection of overdue accounts, including attorney's fees and expenses and any court fees or filing fees, will be billed to Licensee, and Licensee hereby agrees that Licensee is responsible for such costs, fees and expenses.
Licensee Set up. For purposes of this Agreement, Company shall provide Licensee with:
Access to Dashboard
Access to training materials to set up and use the dashboard
Access to the white-labeling training if that option was selected at checkout

Amendment of Dashboard. Company may, at its sole discretion, add to, modify, or remove any of the Dashboard features included in the Dashboard, provided that such features do not (in the sole opinion of Company) constitute a material element of the Dashboard or adversely impact the functionality of the Dashboard.


Term and Termination.
This Agreement shall commence on the Effective Date and continue for a period of one year (the “Initial Term”). The Agreement shall automatically renew for subsequent one year terms (the “Subsequent Terms”) unless either party provides notice of termination in accordance with the terms herein. The Initial Term together with any Subsequent Terms shall be referred to as the “Term.”

Either party, upon thirty (30) days written notice to the other party, may terminate this Agreement for any reason. In the event that Licensee terminates this Agreement under this provision, Licensee shall not be eligible for any refund for any amounts already paid. In the event Company terminates under the terms of this provision, Company shall provide a pro rata refund for the amount of time left in the Term.

This Licensing Agreement shall also be subject to termination at the election of Company, by written notice to Licensee, where there has been a default in the observance or performance of any material covenant, condition, or agreement herein by Licensee, and such default has continued for a period of five (5) days after written notice specifying the same shall have been given to Licensee. In the event of a termination for cause by the Company, Company shall not refund Licensee any amounts already paid.

Upon termination of this Agreement, Licensee shall pay Company any outstanding fees
within fourteen (14) days of invoice. Company does not provide refunds. Furthermore, Licensee shall cease all use of the Dashboard and return all physical copies of any materials related to the Dashboard.


Support Terms. Company will provide reasonable technical support for the Dashboard. Company shall also provide video trainings that shall be available to Licensee. Should Licensee require technical support, all requests must be submitted to Company at ________ with a detailed description of the problem and the circumstances in which the problem arose.

Covenants, Warranties, and Representations.
Licensee hereby represents, warrants and covenants to Company that Licensee has the full right and authority to execute and perform this Agreement and the execution and performance of this Agreement by Licensee will not conflict with, cause a default under or violate any existing contractual obligation that may be owed by Licensee to any third party. Licensee represents and warrants that neither Licensee nor any of Licensee’s employees or contractors, are or will be subject to any obligation or restriction which will or might prevent any of them from complying with their obligations hereunder or which will create any liability on the part of Company. Use of the Dashboard by Licensee and any of Licensee’s employees or contractors shall comply with all applicable laws, rules, and regulations and shall not violate or infringe upon the rights of any third parties.

Company warrants and represents that it has the full and unrestricted right, power, and authority to enter into this Agreement.

Disclaimer.
EXCEPT FOR THE EXPRESS REPRESENTATIONS AND WARRANTIES IN SECTION 8 OF THIS AGREEMENT AND TO THE EXTENT PERMITTED BY LAW, COMPANY MAKES NO WARRANTIES WHATSOEVER. COMPANY EXPLICITLY DISCLAIMS ANY OTHER WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR COMPLIANCE WITH LAWS OR GOVERNMENT RULES OR REGULATIONS APPLICABLE TO THE DASHBOARD

Limitation of Liability.
THE DASHBOARD IS PROVIDED “AS IS.” TO THE EXTENT ALLOWABLE BY LAW, THE MAXIMUM LIABILITY OF COMPANY, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR AFFILIATES, TO LICENSEE FOR DAMAGES FOR ANY AND ALL CAUSES WHATSOEVER, AND LICENSEE’S MAXIMUM REMEDY, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE, SHALL BE LIMITED TO THE FEES PAID UNDER THIS AGREEMENT. IN NO EVENT SHALL COMPANY BE LIABLE FOR LOST PROFITS, BUSINESS INTERRUPTION OR FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO THE DASHBOARD, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
Intellectual Property.
The Dashboard is the The Nimble Co’s property. The Nimble Co is the exclusive owner of the Dashboard, any materials provided in connection with the Dashboard (the “Materials”) and all of the intellectual property rights associated therewith including trademarks and copyrights, even if The Nimble Co incorporates into any of the foregoing suggestions made by Licensee. Furthermore, any other work product resulting from the foregoing, including, without limitation, notes, records, drawings, designs, works, discoveries, improvements, specifications, operating instructions, inventions, processes, know-how, techniques, trade secrets, software and any derivatives, updates or upgrades are the property of The Nimble Co. All worldwide intellectual property rights in all of the foregoing (collectively, “The Nimble Co’s IP”), are the exclusive property of The Nimble Co. The Nimble Co may explicitly identify its ownership or other rights within the Dashboard or Materials by using its branding, trademarks, or other identifying material. The Nimble Co has the right to register and enforce its intellectual property rights in any Dashboard or Materials enhancements or derivative works to prevent infringement and to protect The Nimble Co’s rights. Licensee hereby binds itself, its successors, assigns, and legal representatives to cooperate fully and promptly with The Nimble Co and to do all acts necessary or required to be done or requested by The Nimble Co in order to register or enforce its rights. In any such matters, Licensee appoints The Nimble Co as its agent and attorney-in-fact to act for and on its behalf in connection with the foregoing, which appointment is irrevocable.

Confidential Information.
All confidential and proprietary information shall at all times remain the property of the disclosing party. Confidential and proprietary information includes, without limitation, the terms of this Agreement, customer lists, business strategies, methodologies, any technical or business information, product formulas or specifications, techniques, process, experimental work, program, software, marketing or distribution plans, strategies or arrangements, or trade secrets relating to the products, systems, equipment, services, sales, research, or business of the Parties (“Confidential Information”). Confidential Information is not limited to a specific medium and can be oral, written, or physical in format Both during the period of retention by receiving party and thereafter, the receiving party shall maintain the same in confidence and shall take all necessary steps (including those reasonably directed by the disclosing party) to carefully safeguard and prevent the disclosure of Confidential Information. The receiving party shall not (and shall not permit others to), without the prior written consent of the disclosing party, directly or indirectly use, publish, disclose, transfer, distribute, release or permit others to have access (by electronic means or in any other way) to the Confidential Information except to employees or representatives of the receiving party who have a need to know and agree to be bound by the terms of this Agreement. The confidentiality and nondisclosure obligations set forth herein shall survive the expiration or termination of this Agreement.

Neither this Agreement nor a part disclosure of the Confidential Information shall be deemed, by implication or otherwise, to grant the receiving party any licensed interest or property right in, under or to any of the Confidential Information. The receiving party acknowledges and agrees that it has no right to and will not (a) commercially exploit the Confidential Information, (b) prepare derivative works of any part of the Confidential Information without prior express consent of the disclosing party, (c) make a copy of or store any part of the Confidential Information in any computer or in any magnetic, optical or similar medium or in digital form without the prior express consent of the disclosing party, (d) grant third parties any rights thereunder, (e) claim, apply for or obtain intellectual property rights in the Confidential Information or (f) contest (or assist others in contesting) the disclosing party’s right to secure intellectual property rights in or to the Confidential Information.

Immediately upon the expiration or termination of this Agreement, or at any time upon either party or its attorneys’ request, a party shall return to the disclosing party or its designated agent all Confidential Information and all summaries or descriptions thereof and all copies thereof (whether or not authorized and whether recorded on paper, magnetic, optical or any other media) and shall delete all copies of the same from all computer memory and other storage devices.

Indemnification.
Licensee shall indemnify and hold harmless Company, its successors, assigns, and licensees and their respective officers, directors, agents and employees, from and against any and all claims, damages, liabilities, costs and expenses (including reasonable attorneys' fees), incurred or suffered by or threatened against Company in connection with or as a result of any claim brought by or on behalf of any third party person or entity as a result of or in connection with Company’s appearance or association with Licensee, unless such claim arises from Company’s acts or omissions or arises from or is related to breach of any obligations and/or warranty made by Company hereunder. Company will (a) promptly notify Licensee of such claim; (b) provide Licensee with reasonable information, assistance and cooperation in defending the lawsuit or proceeding; and (c) give Licensee full control and sole authority over the defense and settlement of such claim, subject to Company’s approval of any such settlement, which approval will not be unreasonably withheld or delayed.

Miscellaneous.
Entire Agreement. This Agreement represents the entire agreement between Company and Licensee.

Amendment and Waiver. This Agreement may not be altered, amended, or otherwise modified except through written form requiring signature by both Parties. No waiver or consent to departures from the provisions hereof shall bind any party who has not given such waiver or consent in writing. No waiver of any provision hereof shall be construed as a continuing waiver or as a waiver of any other provision hereof.

Binding Effect. This Agreement shall be binding on and inure to the benefit of the Parties hereto and their respective legal representatives, heirs, successors and assigns.

Assignment. Licensee may not assign any rights or obligations under this Agreement without Company’s signed written consent.

Severability. If any of the provisions of this Agreement is or becomes illegal, unenforceable or invalid (in whole or in part for any reason), such provision shall be enforced to the maximum extent permitted and the remainder of this Agreement shall remain in full force and effect without being impaired or invalidated in any way.

Survival. Any rights or obligations contained herein that by their nature should survive termination of the Agreement shall survive, including, but not limited to representations, warranties, intellectual property rights, indemnity obligations, and confidentiality obligations.

Notice. All notices related to this contract shall be delivered via certified mail or email to the addresses specified in the signature block of this Agreement.

Governing Law and Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of Connecticut, without regard to conflict of law principles, and shall benefit and be binding upon the Parties hereto and their respective successors and assigns. Jurisdiction of any and all disputes will lie in the state and federal courts sitting nearest to New Haven County, Connecticut. Licensee consents to personal jurisdiction in the state and federal courts located therein and hereby waives all defenses of lack of personal jurisdiction and forum non-conveniens

Injunctive Relief. Licensee acknowledges that monetary relief would not be an adequate remedy for a breach or threatened breach by Licensee of the provisions of this Agreement and that Company shall be entitled to the enforcement of this Agreement by injunction, specific performance, or other equitable relief, without prejudice to any other rights and remedies that Company may have.
I agree
Close

Choose a pricing option

  • Preferred option
    Use with 0-9 Customers - Annual payment ($497.00)$497.00/yr
  • Preferred option
    Use with 10-19 Customers - Annual payment ($997.00)$997.00/yr
  • Preferred option
    Use with 20+ Customers - Annual payment ($1,497.00)$1497.00/yr
  • Preferred option
    White-label with 0-9 Customers - Annual payment ($997.00)$997.00/yr
  • Preferred option
    White-label with 10-19 Customers - Annual payment ($1,497.00)$1497.00/yr
  • Preferred option
    White-label with 20+ Customers - Annual payment ($1,997.00)$1997.00/yr

Payment information

You will not be charged for this purchase, but if you choose to make an optional purchase later, this card info will be used to complete that transaction!

Completing payment with PayPal

Agency License: Traffic Insights Dashboard$0

  • Total payment
  • 1xAgency License: Traffic Insights Dashboard$0
    -+

All prices in USD

Affiliate: