CFSI FINANCIAL HEALTH SCORE® LICENSE AGREEMENT

CFSI has developed a proprietary tool to understand and improve customer financial health, referred to as the CFSI Financial Health Score® Toolkit (the “Toolkit”). The Toolkit includes the following three components:

  1.  A survey guide that provides the foundation for the financial health score;
  2.  The scoring logic used to calculate the financial health score and sub-scores; and
  3.  A set of national consumer benchmarks that can be used to interpret each financial health score.

The Toolkit generates a three-digit number 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 CFSI’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).

I. LICENSE

Licensee (as defined below) desires to obtain and CFSI 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 The Financial Innovations Center, Inc. (d/b/a Center for Financial Services Innovation) (“CFSI”). 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”).

 

II. USE OF THE TOOLKIT

Under the terms of this license, you may:

  1. Use the Toolkit to measure your customers’ financial health and use the findings from the Toolkit to develop products, programs, and solutions to help them improve their financial lives.
  2. Share the results of the Toolkit directly with your customers, clients, vendors, and/or employees to help them better understand how to improve their own financial health.
  3. Reference the Toolkit or share the results of the Toolkit through public communications or marketing channels, such as written publications, annual reports, marketing materials, or with the media.

 

III. BRANDING AND ATTRIBUTION

If you:

1. Use the Toolkit to measure your customers’ financial health and use the findings from the Toolkit to develop products, programs, and solutions to help them improve their financial lives:

  • You must acknowledge CFSI in any attribution, sponsor, or acknowledgement section in this way: “This [product/program/analysis] leverages the CFSI Financial Health Score® Toolkit.”
  • You do not need to seek any further permissions from CFSI to do this.

If you:

2. Reference the Toolkit or share the results of the Toolkit directly with your customers, clients, vendors, and/or employees:

OR

3. Reference the Toolkit or share the results of the Toolkit through public communications or marketing channels, such as written publications, annual reports, marketing materials, or with the media:

  • You must acknowledge CFSI in any attribution, sponsor, or acknowledgement section in this way: “This [product/program/analysis] leverages the CFSI Financial Health Score® Toolkit.”
  • You must seek and receive approval for this attribution by contacting finhealth@cfsinnovation.org.

Any use not explicitly referenced above is not permitted under this license. If you intend to use the Toolkit, results of the Toolkit, CFSI’s name, or CFSI’s trademarks in any other way, you must contact CFSI to provide additional details and to obtain further permissions. CFSI 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, CFSI’s name, or CFSI’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. CFSI also reserves the right to request that any media references to the Toolkit, Scores or CFSI be removed at any time. 

 

IV. LIMITATION OF LICENSE AND RESTRICTIONS

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 CFSI regarding its use of the Toolkit.

 

V. TITLE, OWNERSHIP, AND ATTRIBUTION

Licensee acknowledges that, as between Licensee and CFSI, CFSI 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 CFSI and CFSI Financial Health Score® are trademarks of CFSI.  

If Licensee or any of its employees or contractors sends or transmits any communications or materials to CFSI 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”), CFSI is free to use such Feedback, particularly to revise the Toolkit, irrespective of any other obligation or limitation between Licensee and CFSI governing such Feedback.

 

VII. DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY

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. CFSI 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, CFSI 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 CFSI has been or is advised of the possibility of such damages. IN NO EVENT, HOWEVER, WILL CFSI 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 CFSI has no obligation to provide Licensee any maintenance, support, or updated services or programs. Should CFSI 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.

 

VII. TERMINATION

If Licensee at any time fails to abide by the terms of this Agreement, CFSI 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.

 

VIII. MISCELLANEOUS

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 CFSI 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 CFSI 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.