LivePerson Insights is a subscription based research product. As such, Company recognizes the uncertainties inherent in any analysis or information that may be provided as part of LivePerson Insights, and acknowledges that LivePerson Insights is not a substitute for Company’s independent evaluation and analysis, and should not be considered a recommendation to pursue any course of action.  LivePerson shall not be liable for any loss, damage, actions or decisions that the Company may take based on its use of LivePerson Insights (including, without limitation, any information or data contained therein, or provided to Company).  Company understands that it assumes the entire risk with respect to the use of LivePerson Insights. LivePerson provides LivePerson Insights AS IS, and disclaims all warranties, whether express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purposes, and non-infringement.

LivePerson Insights is a stand-alone offering, and any obligations LivePerson may have under any Master Services Agreement or any other agreement in which LivePerson provides hosted and/or professional services to Company (“Services Agreement”) shall not apply to Company’s use LivePerson Insights. Notwithstanding the foregoing, LivePerson may terminate all or a portion of the LivePerson Insights services set forth in a LivePerson Insights Order Form (or similar agreement for services) upon 30 days notice to Company, or immediately if:  a) Company fails to pay for any outstanding invoices, b) the Services Agreement between LivePerson and Company is terminated, or c) any third party licensor terminates any agreement to provide services in support of LivePerson Insights.

LivePerson shall retain all intellectual property rights to LivePerson Insights. Company shall use LivePerson Insights in accordance with applicable laws, and if required by applicable law, shall provide notice to Company’s customers and obtain consent if required, for use of LivePerson Insights. Customer acknowledges and agrees that use of LivePerson Insights may require de-encryption of chat transcripts