End User Licence Agreement
By using Glimpse services, software or data you agree to all terms outlined in the End User Licence Agreement.
END USER LICENCE AGREEMENT February 2020
*** Updated on 2021-06-17 to account for wording error in relation to enforceability by Data Protection Commission, all relevant stakeholders have been notified. For more information contact email@example.com ***
GLIMPSE END USER LICENCE
PLEASE READ THIS END USER SOFTWARE LICENCE AGREEMENT CAREFULLY BEFORE INSTALLING OR
USING GLIMPSE SOFTWARE. THIS LICENCE MUST BE READ IN FULL AND ACCEPTED BEFORE USE.
BY INSTALLING OR USING GLIMPSE SOFTWARE (OR EXPRESSING AGREEMENT IN OTHER WAYS) YOU
HERBY UNDERSTAND AND AGREE TO ALL TERMS CONTAINED IN THIS DOCUMENT ON BEHALF OF
THE BUSINESS OR INDIVIDUAL YOU REPRESENT.
IF YOU DO NOT ACCEPT OR UNDERSTAND ANY OF THE TERMS OUTLINED IN THIS DOCUMENT
PLEASE RAISE A QUERY WITH GLIMPSE ADMINISTRATION, DO NOT DOWNLOAD, INSTALL OR USE
GLIMPSE TECHNOLOGY AND (OR) RETURN ALL HARDWARE / SOFTWARE WITHIN 30 DAYS OF
In this Agreement the following terms shall have the meaning set forth below:
1. “Authorised User” this identifies the number or specific user that has access to Glimpse
2. “Authorised Units” means the number of units that a Customer is licensed to have
concurrently accessing the Software
3. “Unit / Device” means any Glimpse hardware provided by Glimpse to the Customer for the
purposes of data collection. A ‘unit’ refers to a single location use of Glimpse
4. “Embedded Software” means a copy of Software delivered embedded in or loaded onto any
hardware delivered by Glimpse.
5. “End Customer” means the individual or other legal entity or other business, governmental
or not-for-profit organization that determines the purposes and means of the processing of
data using Glimpse Software.
6. “End User” means the individual or other legal entity or other business, governmental or
not-for-profit organization that effectively uses Glimpse Software for data collection or
7. “Network” means a set of units, licences or devices under operational control of the
8. “Software” means an instance of a program, module, feature, function, service, application,
operation, or capability of the Glimpse Customer Analysis Platform.
9. “Software License” means a license to Software with respect to which the customer access
is a fixed, finite term.
10. “Update” means software that is an update, upgrade, bug fix or other new releases of other
2.1 License Grant. Glimpse hereby grants to the Customer a non-exclusive, revocable, nonsublicensable license to use the Glimpse Customer Analyses Platform Software.
2.2 No Other Rights. Glimpse reserves for itself all other rights and interest not explicitly granted
under this agreement.
2.3 Licence Usage. The customer shall only use the Glimpse Software / Hardware for the
purposes outlined in the customer software level agreement and not for any other uses.
2.4 Non-transferability of licences. The customer cannot transfer the use of or licence to
Glimpse Software / Hardware to any third parties unless explicitly permitted by Glimpse.
2.5 Licence to specific features and updates. Permission to a licence does not entitle the
Customer to access any features or updates that are separate to that licence. The customer
shall have no rights to any updates to software or support related to those updates.
2.6 Licence Support. Glimpse will only make support available to the customer for the duration
of the licence and only for the customers licenced software and no third parties. This licence
is not assignable, sublicensable or transferable by the customer except to the extent
otherwise required by applicable law.
3. Uses / Prohibited Uses
This licence does not permit the Customer or any third parties related to the Customer to, and the
Customer agrees not to:
3.1 You may not reverse engineer, decompile, disassemble or otherwise attempt to discover the
source code, underlying ideas, underlying user interface techniques or algorithms of the
Software by any means whatsoever, directly or indirectly, or disclose any of the foregoing.
Any information supplied by Glimpse or obtained by you may not be disclosed to any third
party or used to create any software which is substantially similar to the expression of the
3.2 You may not loan, rent, lease, sublicense, distribute or otherwise transfer all or any portion
of the Software to third parties. You may not copy the Software except as expressly set forth
above, and any copies that you are permitted to make pursuant to this Software License
Agreement must contain the same copyright, patent and other intellectual property
markings that appear on or in the Software. You may not modify, adapt or translate the
Software. You may not, directly or indirectly, encumber or suffer to exist any lien or security
interest on the Software; knowingly take any action that would cause the Software to be
placed in the public domain; or use the Software in any computer environment not specified
in this Software License Agreement. You will comply with applicable law and Glimpse’s
instructions regarding the use of the Software. You agree to notify your employees and
agents who may have access to the Software of the restrictions contained in this Software
License Agreement and to ensure their compliance with these restrictions. YOU AGREE THAT
YOU ARE SOLELY RESPONSIBLE FOR THE ACCURACY AND ADEQUACY OF THE SOFTWARE FOR
YOUR INTENDED USE AND YOU WILL INDEMNIFY AND HOLD HARMLESS GLIMPSE FROM ANY
3RD PARTY SUIT TO THE EXTENT BASED UPON THE SOFTWARE IN YOUR USE. WITHOUT
LIMITATION, THE SOFTWARE IS NOT INTENDED FOR USE IN THE OPERATION OF ANY
PREMISES NOT OUTLINED HEREIN WHERE THE SOFTWARE COULD LEAD TO PERSONAL OR
3.3 You may not disclose, distribute or otherwise notify any third-parties of access codes, user
names, passwords or any other data access credentials supplied to you by Glimpse.
3.4 You may not alter or change any software supplied to you by Glimpse.
4. Monitoring of use
By accepting this end user licence agreement you agree for Glimpse or its independent professionals
the right at any time during the licence to monitor the usage of any Glimpse Software or Hardware
for security, pricing and optimisation. No personally identifiable data is ever accessible through this
form of monitoring.
5. Keeping of adequate records
By accepting this end user licence agreement you agree to maintain accurate records to verify
compliance with the terms outlined in this agreement. You agree to furnish a copy of these records
to Glimpse upon request.
6.1 The customer acknowledges that it may have access to Confidential Information of Glimpse in
connection with this Agreement, and that Glimpse’s Confidential Information is of substantial
value to the Disclosing Party, which could be impaired if it were improperly disclosed to third
parties or used in violation of this Agreement.
6.2 Each Recipient of Confidential Information under this Agreement must: (a) keep the Disclosing
Party’s Confidential Information confidential and protect it at least to the same extent it protects
its own Confidential Information and to the same extent that a reasonable person would protect
such Confidential Information; (b) not use the Disclosing Party’s Confidential Information in any
way for its own account or the account of any third party except to perform its duties, exercise
its rights or is otherwise authorized under this Agreement; and (c) not disclose the Disclosing
Party’s Confidential Information except to perform its duties or exercise its rights under this
Agreement or as otherwise authorized under this Agreement, provided that: (i) any disclosure
made to the Recipient’s employees, contractors or agents is on a need-to-know basis; and (ii)
the Recipient’s employees, contractors or agents in receipt of the Confidential Information are
under an obligation of confidentiality no less stringent than that set forth in this section.
6.3 Notwithstanding the restrictions in Section 6.2, if the Recipient is required to disclose any of the
Disclosing Party’s Confidential Information by law, such as in response to a subpoena or
requirement of any regulator, court, arbitral, administrative, or legislative body, the Recipient
must: (a) where reasonably possible and permitted, immediately provide written notice to the
Disclosing Party of the required disclosure to give the Disclosing Party an opportunity to move
for a protective order or otherwise prevent the disclosure; (b) disclose only the minimum
amount of Confidential Information required to satisfy the legal obligation; and (c) assert and
take proper steps with the body requiring disclosure to maintain the confidentiality of the
Confidential Information to be disclosed.
6.4 Company will immediately, and at least within seventy-two (72) hours, notify Glimpse if
Confidential Information of Glimpse is used or disclosed in breach of this Agreement. Upon the
Disclosing Party’s request and upon termination of this Agreement (unless agreed otherwise by
the parties at the time), each party will return, destroy or delete permanently (at the Disclosing
Party’s election) the other party’s Confidential Information.
6.5 On termination of this Agreement, the Recipient must continue to keep the Disclosing Party’s
Confidential Information confidential for five (5) years in accordance with this section.
7. Ownership of software, hardware and data.
Glimpse retains all ownership rights, titles and interests in relation to the Software, Hardware,
associated documentation and distributed or made available by Glimpse. Glimpse operates a data
share with all clients, meaning Glimpse has rights to the end consumer data collected by its
Customers for the use of optimisation, security and marketing of Glimpse products and services.
Glimpse agrees to:
– Anonymise all customer and end user data so that it can in no way be linked to the
Customer, unless permission has been granted by the customer to use their image.
– Any data display, insights or reports generated will be made up of at least 3 customer data
sets combined and anonymised so that they cannot be directly related to any customer.
8. Data processing & General Data Protection Regulation
Glimpse has created all technology and future improvements with consumer privacy in mind,
however the Customer is solely responsible for informing the public, or anyone else that may be
affected by the use of Glimpse technology, of the data processing taking place. This is as required by
Article 28 of GDPR in Europe. In addition the customer must take appropriate measures to provide
information on data processing arising from the use of Glimpse technology to the public or anyone
else affected as required by Article 13 of GDPR in Europe. Glimpse insists this be done via a public
notice installed near the equipment or at the entrance of any venue where Glimpse technology is
equipped and operating.
9. Open source components utilised
Glimpse software may use or include third party open source components. A list of these licences
can be made available to the Customer upon request.
Glimpse warrants for that for a period of ninety (90) days from the Contract Start Date, the
hardware on which software is delivered, shall be free from defects in material and workmanship
under normal use consistent with the product instructions. This is subject to the following:
9.1 This authorised use of Glimpse technology extends only to the Customer and not to any
subsequent transferee of Glimpse products;
9.2 In any event, the only liability and amendment procedure undertaken by Glimpse under this
agreement shall be the replacement of the Hardware or Software.
9.3 All warranties will be void if the software/hardware (i) has been altered, except by Glimpse; (ii)
the software/hardware has not been installed, operated, repaired, or maintained in accordance
with instructions supplied to the Customer by Glimpse; (iii) has been subjected to unreasonable
physical, thermal or electrical stress, misuse, negligence, or accident or (iv) has been licensed
solely for Evaluation Use or demonstration use or is beta software or otherwise not
commercially released. In addition, Software is not designed or intended for use in (i) the design,
construction, operation or maintenance of any nuclear, chemical or any other facility, (ii)
navigating or operating aircraft or any other transportation vehicle; or (iii) operating life-support
or life-critical medical equipment, (iv) or use in weaponization or ‘skynet’-like projects, and
Glimpse disclaims any express or implied warranty of fitness for such uses.
The Customer is solely responsible for backing up its data to protect against loss or corruption. These warranty
obligations do not include installation, reinstallation or backup support.
9.4 Glimpse does not warrant that Glimpse products, services, software, hardware or network will
operate without errors or interruptions. Glimpse does not warrant that its products will be free
of vulnerability to intrusion or attack, however Glimpse will use the recognised standard or
above in terms of encryption and protection against unauthorised third-party access.
9.5 EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION, TO THE EXTENT PERMITTED BY LAW GLIMPSE
DISCLAIMS ALL WARRANTIES IN AND TO THE SOFTWARE/HARDWARE (WHETHER EXPRESS,
IMPLIED, STATUTORY, OR OTHERWISE), INCLUDING ANY IMPLIED WARRANTY OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT,
SATISFACTORY QUALITY, NON-INTERFERENCE, ACCURACY OF INFORMATIONAL CONTENT, OR
ARISING FROM A COURSE OF DEALING, LAW, USAGE, OR TRADE PRACTICE. TO THE EXTENT AN
IMPLIED WARRANTY CANNOT BE EXCLUDED, SUCH WARRANTY IS LIMITED IN DURATION TO THE
EXPRESS WARRANTY PERIOD. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW
LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, THE ABOVE LIMITATION MAY NOT
APPLY. THIS WARRANTY GIVES CUSTOMER SPECIFIC LEGAL RIGHTS, AND CUSTOMER MAY ALSO
HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION. This disclaimer and
exclusion shall apply even if the express warranty fails of its essential purpose.
9.6 NOTWITHSTANDING ANYTHING ELSE IN THIS AGREEMENT OR OTHERWISE, NEITHER GLIMPSE
NOR ITS SUPPLIERS WILL BE LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS
AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT OR OTHER LEGAL OR
EQUITABLE THEORY, REGARDLESS OF WHETHER GLIMPSE OR ITS SUPPLIERS WERE ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES, FOR: (i) ANY PUNITIVE, INCIDENTAL OR CONSEQUENTIAL
DAMAGES OR LOST DATA OR LOST PROFITS; OR (ii) FOR COSTS OF PROCUREMENT OF
SUBSTITUTE GOODS, TECHNOLOGY OR SERVICES; OR (iii) FOR ANY CLAIMS BASED ON ANY
ERROR, DEFECT OR NONCONFORMITY IN THE HARDWARE, PRODUCTS OR SERVICE, FOR ANY
AMOUNT IN EXCESS OF THE PRICE PAID TO GLIMPSE FOR SUCH DEFECTIVE HARDWARE,
PRODUCT(S) OR SERVICE; OR (IV) FOR ALL OTHER CLAIMS RELATED TO AN ERROR, DEFECT OR
NONCONFORMITY IN THE HARDWARE, PRODUCTS OR SERVICE ANY AMOUNTS IN EXCESS IN THE
AGGREGATE OF THE AMOUNT PAID TO GLIMPSE HEREUNDER DURING THE THREE (3) MONTHS
PRECEDING THE DATE THE CAUSE OF ACTION AROSE.
11. Exclusion of damages
TO THE EXTENT PERMITTED BY GOVERNING LAW, GLIMPSE NOR ITS RESELLERS, LICENSORS OR SUPPLIERS WILL BE
LIABLE FOR ANY LOSS OF PROFITS, COSTS OR PROCUREMENT OR SUBSTITUTE GOODS OR SERVICES, WILL NOT BE
LIABLE FOR ANY LOSS OF DATA, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING OUT OF THIS AGREEMENT
OR THE USE OF GLIMPSE PRODUCTS OR SERVICES.
GLIMPSE NOR ITS RESELLERS, LICENSORS OR SUPPLIERS WILL BE LIABLE FOR DAMAGES ARISING FROM
UNAUTHORISED OR IMPROPER USE OF ANY GLIMPSE TECHNOLOGY.
SOME OR ALL OF THESE LIMITATIONS MAY NOT APPLY TO YOU DEPENDING ON GOVERNING LAW AND JURISDICTION.
DocuSign Envelope ID: 36B34CF8-4434-4B05-9261-51B46895D943
END USER LICENCE AGREEMENT February 2020
12. Third party liability
To the extent permitted by governing law, Glimpse will not be liable for any claims related to
Glimpse technology that is used by anyone other than the customer. The customer shall be solely
responsible ensuring no unauthorised third party is given access through the customer and will
indemnify Glimpse from and against all liability, damages, loss or cost arising out of any dispute,
lawsuit, administrative hearing, arbitration or settlement based on any claim by a party other than
the customer, relating to Glimpse technology originally licensed to the Customer.
For questions relating to any aspect of this agreement please contact Glimpse directly at firstname.lastname@example.org