Companies may use the FinHealth Score toolkit for the purposes outlined below.
You must acknowledge the Financial Health Network in any attribution, written communication, report, or acknowledgement section in this way: “This [product/program/analysis] leverages the Financial Health Network FinHealth Score® Toolkit.”
You must seek and receive approval for this attribution by contacting email@example.com
Any use not explicitly referenced above is not permitted under this license. If you intend to use the Toolkit, results of the Toolkit, Financial Health Network’s name, or Financial Health Network’s trademarks in any other way, you must contact Financial Health Network to provide additional details and to obtain further permissions.
Financial Health Network has developed a proprietary tool to understand and improve customer financial health, referred to as the FinHealth Score® Toolkit (the “Toolkit”). The Toolkit includes the following three components:
The Toolkit generates a score that provides a holistic, moment-in-time snapshot of an individual’s financial health. The score is based on eight multiple-choice survey questions that correspond to Financial Health Network’s eight indicators of financial health. The Toolkit provides one overall score and four sub-scores (the “Scores”) that align with the four components of financial health (Spend, Save, Borrow, and Plan).
Licensee (as defined below) desires to obtain and Financial Health Network hereby grants a license to Licensee to access, use, and modify the Toolkit subject to the terms and conditions set forth below. The parties therefore agree as follows:
This license (the “Agreement”) is a legal agreement between Licensee (defined below) and Financial Health Network Inc. (d/b/a Financial Health Network). By installing, copying, downloading, accessing, or otherwise using the Toolkit, Licensee agrees to be bound by the terms of this Agreement. If Licensee does not agree with the terms of this Agreement, it should not download, install, access, or use the Toolkit.
If the Toolkit is being installed or downloaded for use by another legal entity, such as a corporation, limited liability company, or partnership, then the person installing the Toolkit, by proceeding with the installation or download, certifies that he or she has authority to bind that legal entity to this Agreement. Such legal entity shall be considered the licensee (the “Licensee” or “you”).
Under the terms of this license, you may:
If you use the toolkit in any of the ways listed above:
Any use not explicitly referenced above is not permitted under this license. If you intend to use the Toolkit, results of the Toolkit, Financial Health Network’s name, or Financial Health Network’s trademarks in any other way, you must contact Financial Health Network to provide additional details and to obtain further permissions. Financial Health Network reserves the right to audit any public claims or disclosures related to the Toolkit or Scores. If we do not approve of the way the Toolkit, Scores, Financial Health Network’s name, or Financial Health Network’s trademarks are used, implemented, referenced, modified, or communicated (including how the Toolkit or results of the Toolkit are used in conjunction with other products), we reserve the right to immediately revoke this license. Financial Health Network also reserves the right to request that any media references to the Toolkit, Scores or Financial Health Network be removed at any time.
Except as expressly permitted by this Agreement, no other use of the Toolkit is allowed. Licensee agrees that it will not directly or indirectly: (i) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make the Toolkit available other than as detailed in this Agreement; or (ii) use the Toolkit in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any person, or that violates any applicable law.
Licensee agrees that it will carefully review and comply with any documentation or instructional material provided by Financial Health Network regarding its use of the Toolkit.
Licensee acknowledges that, as between Licensee and Financial Health Network, Financial Health Network owns all right, title, and interest, including all intellectual property rights, in and to the Toolkit and any associated documentation or instructional materials. Licensee also acknowledges that Financial Health Network and FinHealth Score are trademarks of Financial Health Network.
If Licensee or any of its employees or contractors sends or transmits any communications or materials to Financial Health Network by mail, email, telephone, or otherwise, suggesting or recommending changes to the Toolkit, including without limitation, new features or functionality relating thereto, or any comments, questions, suggestions, or the like (“Feedback”), Financial Health Network is free to use such Feedback, particularly to revise the Toolkit, irrespective of any other obligation or limitation between Licensee and Financial Health Network governing such Feedback.
THE TOOLKIT IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR ANY WARRANTY THAT THE TOOLKIT DOES NOT INFRINGE ANY THIRD PARTY RIGHTS. FINANCIAL HEALTH NETWORK DOES NOT WARRANT THAT THE DATA, SCORES, METRICS, QUESTIONS, BENCHMARKS, AND FUNCTIONS CONTAINED IN THE TOOLKIT ARE COMPLETE, ACCURATE OR ERROR-FREE; THAT THEY WILL MEET LICENSEE’S REQUIREMENTS; OR THAT OPERATION WILL BE UNINTERRUPTED OR ERROR FREE.
To the fullest extent permitted by law, Financial Health Network shall not be liable for special, indirect, incidental, or consequential damages with respect to any claim based on or arising from this Agreement or use of the Toolkit, even if Financial Health Network has been or is advised of the possibility of such damages. IN NO EVENT, HOWEVER, WILL FINANCIAL HEALTH NETWORK BE LIABLE TO LICENSEE OR ANY THIRD PARTY UNDER ANY THEORY OF RECOVERY FOR ANY CLAIM BASED ON OR ARISING FROM THIS AGREEMENT, THE SCORES, LICENSEE’S USE OF THE TOOLKIT OR THE SCORES, OR LICENSEES DISCLOSURE OF PRIVATE, PERSONAL, OR OTHER INFORMATION SHARED OR COLLECTED IN CONNECTION WITH THE TOOLKIT OR SCORES.
Licensee agrees that Financial Health Network has no obligation to provide Licensee any maintenance, support, or updated services or programs. Should Financial Health Network provide access to and use of any revised or updated versions of the Toolkit, Licensee agrees that this Agreement shall apply to such revised or updated versions.
If Licensee at any time fails to abide by the terms of this Agreement, Financial Health Network shall have the right to (i) immediately terminate the license granted herein; (ii) require the return or destruction of all copies of the Toolkit from Licensee; (iii) require certification in writing as to such return or destruction; and (iv) pursue any other legal or equitable remedies available.
This Agreement shall be construed in accordance with the laws of the State of Illinois and any controversy shall be submitted to the appropriate courts in Cook County, Illinois.
This Agreement represents the entire and integrated agreement between Financial Health Network and Licensee with respect to the Toolkit and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended or modified from time to time by Financial Health Network upon providing written notice to Licensee. Licensee shall not assign this Agreement, and any attempt by Licensee to assign it shall be void.
Licensee acknowledges that the Toolkit is of United States origin. Licensee agrees to comply with all applicable international and national laws that apply to the Toolkit, including the United States Export Administration Regulations, as well as end-user, end-use, and destination restrictions issued by the United States.