RydeSmart Services. General Terms and Conditions
|
|
- Sophie Haynes
- 5 years ago
- Views:
Transcription
1 RydeSmart Services General Terms and Conditions These Terms of Service together with Schedule J form a legal contract between you and Ryder (the Agreement ) that governs your use of RydeSmart (including Standard, Plus and PlusOne Service Plans) as well as any Data, Equipment, or Software made available to you by Ryder in connection with your use of RydeSmart (collectively the RydeSmart Services ). 1. DEFINITIONS. A. Data shall mean any and all data collected, generated, compiled, arranged or developed by the Equipment or the Software. B. Equipment shall mean the telematic device that is installed in each Contract Vehicle, and, where applicable, a Mobile Data Terminal ( MDT ), which is required for Plus or PlusOne Service Plans. C. Materials shall mean the Software and the Equipment, as well as accompanying documentation, instructions and specifications and all directories, lists databases, label sets, reports and other materials supplied to Customer by or through Ryder relating to the RydeSmart Services. D. RydeSmartSM is a full-featured GPS fleet location, tracking and vehicle performance management system. E. Service Plan means the Standard, Plus and PlusOne service offerings. F. Software shall mean the Internet-enabled fleet tracking and information system powered by Teletrac Inc. G. Website shall mean H. You or your shall refer to the Customer. 2. DESCRIPTION OF RYDESMART SERVICES; SERVICE PLANS.
2 For each Contract Vehicle (as defined herein) listed on a Schedule J hereto (which is executed by both parties), Ryder shall provide RydeSmart Services, including but not limited to, the Materials necessary for your use of the RydeSmart Services. Ryder shall provide RydeSmart Services only for: (i) Ryder-owned vehicles that Ryder provides to Customer pursuant to a Truck Lease and Service Agreement or Vehicle Operating and Service Agreement; or (ii) Customerowned vehicles that Ryder maintains pursuant to a Programmed Maintenance Agreement (and as to the categories above in (i) and (ii), they will hereinafter be referred to, respectively, as Contract Vehicle(s) and Vehicle Agreement(s) ). Certain of the RydeSmart Services and Materials may be provided by third parties with whom Ryder has subcontracted and their subcontractors (each a Provider ). 3. EQUIPMENT; SOFTWARE; OTHER REQUIREMENTS. A. Customer agrees to provide access to the Contract Vehicle for purposes of installation, removal, maintenance, or repair of the Equipment during reasonable business hours. Customer will be responsible for care of the Equipment and shall return it in good condition upon termination or expiration of this Agreement, reasonable wear and tear excepted. The Customer agrees that the legal and beneficial ownership of the Equipment remains with Ryder or a Provider. Customer shall (i) not tamper with, misuse, neglect or disable the Equipment; (ii) have no right to buy the Equipment; and (iii) pay Ryder the Damage Fee identified on the applicable Schedule J for any loss or damage to the Equipment. B. To access RydeSmart Services, Customer will need to install or activate the Software and may be required from time to time to update the Software or to install other software provided by or through Ryder. Ryder shall have no liability to the Customer should it fail to upgrade the Software after having received notice of changes. Other than the Equipment and Software, Customer is responsible for providing at its own expense, all hardware, systems or software required for use of or access to the RydeSmart Services, including but not limited to fees and expenses for connection to the Internet. C. Text messages are limited to 191 characters per message. Ryder does not guarantee delivery of text messages. 4. PAYMENT TERMS; TAXES; USAGE BILLING. A. Customer shall pay all charges within ten (10) days from the date of Ryder s invoice without deduction, setoff, recoupment or counterclaim. B. Customer agrees to pay all applicable taxes and assessments relating to RydeSmart Services or this Agreement (other than taxes based upon the net income of Ryder).
3 C. Usage will be charged as specified on Schedule J. Data transport is billed in full-kilobyte increments, and actual transport is rounded up to the next full-kilobyte increment at the end of each data session for billing purposes. 5. TERM; TERMINATION. A. The term of this Agreement for each Contract Vehicle shall commence on the Start Date for that Contract Vehicle (as defined below) and unless earlier terminated as permitted hereunder, shall continue until termination or expiration of the term for that Contract Vehicle under the applicable Vehicle Agreement. Start Date for each Contract Vehicle shall mean the date on which you receive notice from Ryder that RydeSmart Services for such Contract Vehicle are available on the Website. B. Either party may terminate RydeSmart Services on any or all Contract Vehicles upon 90 days prior written notice to the other party. If Customer terminates the RydeSmart Services on any Contract Vehicle pursuant to this Paragraph 5.B, Customer shall pay Ryder the Termination Fee specified for that Contract Vehicle on the Schedule J. C. Ryder may terminate this Agreement in whole or in part or suspend the provision of some or all of the RydeSmart Services upon written notice to Customer if Customer breaches the terms of this Agreement and fails to cure such breach within seven (7) days of written notice from Ryder. Such termination shall be without prejudice to any of Ryder s other rights or remedies under this Agreement, at law, or in equity. D. Upon termination by either party for any reason, Customer shall: (a) upon Ryder s reasonable request, grant Ryder access to any Contract Vehicle to remove the Equipment; (b) cease all further use of the RydeSmart Services and Materials; and (c) return to Ryder the Materials, documents, and any other materials (including copies thereof) that are the property of Ryder pursuant to this Agreement. 6. SERVICE LEVEL CHANGES. A. If Customer desires to change Service Plans, Customer and Ryder shall execute a Schedule J for such Contract Vehicle reflecting the change in Service Plans. No such change shall be effective unless and until a new Schedule J is executed and shall be governed by its terms. B. If Customer upgrades its Service Plan (i.e. from Standard to Plus or PlusOne or from Plus to PlusOne), Customer shall not incur a Termination Fee. If Customer downgrades its Service Plan (i.e. from PlusOne to Plus or Standard or from Plus to Standard), then Customer shall incur the Termination Fee listed on Schedule J for each Contract Vehicle affected by the service level change. C. Service Change Effective Date for each Contract Vehicle shall mean the date on which you receive notice from Ryder that the Service Plan has been changed on the Website.
4 7. OWNERSHIP, USE OF MATERIALS; LICENSE. A. The Data and the Materials and all intellectual property rights related thereto are and shall at all times during and after the term of this Agreement remain the property of Ryder or a Provider. Customer shall have no right or interest in the Data or the Materials other than as expressly set forth in this Agreement and this Agreement shall not be construed as granting Customer any right or license, whether by implication, estoppel or otherwise, except as expressly set forth herein. B. Ryder hereby grants to Customer a limited, non-exclusive, non-transferable license (the License ) to use the Data and the Materials solely for its own benefit for the purpose set forth in this Agreement and not for any other purpose and not for the benefit of any third party. The License shall include the right to use the Software on a computer, or terminal or workstation of a multi-user computer or network. Customer may not sublicense, assign, rent, lease or otherwise transfer or market the License, Data, or the Materials without Ryder s prior written approval. Further, the Customer may not derive or attempt to derive the source code or structure of all or any portion of the Software by reverse engineering, disassembly, decompilation, or any other means. The Customer may not decompile, disassemble, reverse engineer, port, translate, modify, copy, transfer, make derivative works of, or otherwise use the Software, except as expressly authorized by the Agreement. The Customer must take all reasonable steps to ensure it does not transmit worms or viruses or any code of a destructive nature that may affect the Software or Services or use the Software or Services for inappropriate and/or illegal purposes. C. Customer acknowledges and agrees that all Data and Materials are confidential and are intended exclusively for Customer s internal use. Customer shall not disclose the Data or the Materials to any third party, including Ryder s competitors, and will protect the confidential nature of the Data and the Materials, using such efforts as Customer uses to protect its own proprietary information, but in no event using less than a reasonable degree of care. D. The parties hereby agree to observe confidentiality with regard to any confidential or proprietary information of the other party ( Confidential Information ) and not to intentionally disclose or otherwise intentionally permit any third party or entity access to such Confidential Information without Customer's prior written permission or unless otherwise required by law. Notwithstanding anything to the contrary contained herein, the receiving party is not obligated to hold confidential or protect any Confidential Information which: (i) is in the public domain through no wrongful act by the receiving party; (ii) is received from a third party without breach of any obligation under any agreement; (iii) is known by the receiving party prior to disclosure; or (iv) is developed independently by the receiving party without breaching this Agreement. E. All trademarks, service marks and trade names used on or in connection with RydeSmart Services are the property of their respective owners. You must respect the intellectual property rights of Ryder and our Providers. Except for material in the public domain, all material used in association with the RydeSmart Services is copyrighted, service marked, or trademarked. 8. INDEMNIFICATION OBLIGATIONS.
5 A. Customer shall defend, indemnify and hold harmless Ryder, and its officers, directors, employees, agents and affiliates, from and against any and all claims, demands, regulatory inquiries and proceedings, costs, damages, liabilities, judgments and expenses, including fees, costs and expenses of counsel, ( Claims ), arising out of or relating to Customer s use of the RydeSmart Services, Customer s violation of this Agreement, or any agreement between Customer and a Provider relating to RydeSmart Services, except to the extent that such Claims result from Ryder s negligence, willful misconduct, or breach of this Agreement (or Claims for which Ryder is required to indemnify Customer pursuant to Paragraph 8.B below). B. Ryder shall indemnify, defend and hold harmless Customer, and its officers, directors, employees, agents and affiliates, from and against any and all Claims, arising out of or relating to Customer s valid use, pursuant to this Agreement, of the RydeSmart Services, except to the extent that such Claims result from Customer s negligence, willful misconduct or breach of this Agreement. C. Customer understands that the Data generated and maintained by the RydeSmart Services may include personal information of Customer's employees and independent contractors, and other individuals. Customer shall be solely responsible for complying with all applicable state, federal, and provincial privacy laws in connection with Customer's collection, use and disclosure of personal information generated and maintained in the course of Customer's use of the RydeSmart Services. D. Customer has no contractual relationship with Providers and Customer is not a third-party beneficiary of any agreement between Ryder and a Provider. Customer understands and agrees that Providers shall have no legal, equitable or other liability of any kind to the Customer. In any event, regardless of the form of action, whether for breach of contract, warranty, negligence, strict liability in tort or otherwise, subject the remainder of this Paragraph, Customer s exclusive remedy against Providers for any cause whatsoever, is limited to payment of damages in an amount not to exceed the amount paid by Customer for RydeSmart for the 2 month period preceding the date that such claim arose. 9. LIMITATIONS OF LIABILITY; DISCLAIMER OF WARRANTIES; FORCE MAJEURE. A. ALTHOUGH RYDER ENDEAVORS TO USE REASONABLE COMMERCIAL CARE WITH RESPECT TO PROVIDING RYDESMART SERVICES, RYDER AND ITS PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE, WITH RESPECT TO ANY ASPECT OF THE DATA OR THE MATERIALS (INCLUDING ANY PRODUCTS, WORK PRODUCT, OR OTHER MATERIALS PROVIDED AS PART THEREOF). RYDER AND ITS PROVIDERS DO NOT WARRANT THAT THE RYDESMART SERVICE WILL BE UNINTERRUPTED OR ERROR FREE, NOR DO THEY MAKE ANY WARRANTIES AS TO THE RESULTS TO BE OBTAINED FROM THE USE OF SUCH SERVICES. ACCORDINGLY, RYDER NOR ITS PROVIDERS SHALL NOT IN ANY WAY BE LIABLE TO CUSTOMER OR TO ANY OTHER PERSON OR ENTITY FOR ANY INACCURACIES, ERRORS, OMISSIONS DELAYS, INTERRUPTIONS OR DEFAULTS, REGARDLESS OF CAUSE, WITH THE RYDESMART SERVICES OR WITH ANY
6 DATA, PRODUCT, WORK PRODUCT OR SOFTWARE SUPPLIED BY RYDER OR ANY OF ITS PROVIDERS IN CONJUNCTION THEREWITH, OR CAUSED BY ANY MATERIALS USED IN CONNECTION THEREWITH. IN NO EVENT WILL RYDER OR ITS PROVIDERS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, PUNITIVE, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS OR GOODWILL) RESULTING THEREFROM, REGARDLESS OF CAUSE AND REGARDLESS OF WHETHER OR NOT RYDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING THE FOREGOING, IF RYDER IS DEEMED LIABLE UNDER THIS AGREEMENT IN ANY MANNER, THEN SUCH LIABILITY, WHETHER ARISING FROM CONTRACT, TORT OR OTHERWISE SHALL, IN NO EVENT, EXCEED THE AMOUNT CUSTOMER HAS PAID HEREUNDER FOR THE RYDESMARTSERVICES. B. Ryder shall not be liable to Customer for any delay in performance or failure to perform caused directly or indirectly by fire, explosion, accident, flood, labor trouble, weather condition, any regulation, rule or act of any government or governmental agency, or the inability to obtain or shortage of suitable material, components, parts, equipment, machinery, fuel, power, communication facilities or transportation, act of God, armed conflicts, civil commotion or any other cause of like character beyond the reasonable control of Ryder. C. The Customer acknowledges that Rydesmart may contain inaccurate or incomplete mapping and road information or data related to traffic, speed, driver black spots, vehicle analytics, battery life and fuel due to changing circumstances, sources used and the nature of collecting the same. D. Customer acknowledges that RydeSmart may be temporarily refused, interrupted, curtailed or limited because of atmospheric, terrain, or other natural or artificial conditions that impair use of GPS and/or GPRS which may also be temporarily interrupted or curtailed due to usage concentrations, modifications, upgrades, relocation and repairs of transmission networks. 10. NOTICE. Ryder may from time to time modify these terms and post a copy of the amended Agreement on the Website. If you do not agree to (or cannot comply with) the Agreement as amended, your only remedy is to terminate the Agreement pursuant to Paragraph 5.B hereof. You will be deemed to have accepted the Terms of Service as amended if you continue to use the Service after any amendments are posted. 11. MISCELLANEOUS. A. For an Agreement with an American Customer, this Agreement will be governed by the laws of the State of Florida without regard to any conflicts of law. The parties agree that the exclusive venue for any such American action relating to this Agreement shall be in a court of competent jurisdiction in Miami-Dade County, Florida. For an Agreement with a Canadian Customer, this Agreement shall be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, at the time of this Agreement, without regard to any conflicts of law
7 provision. The parties agree that the exclusive venue for any such Canadian action relating to this Agreement shall be in a court of competent jurisdiction in Mississauga, Ontario. B. Customer shall comply with all laws applicable to this Agreement or to the RydeSmart Services. C. Customer may not assign this Agreement without obtaining Ryder s prior written consent. Any such assignment shall be voidable at Ryder s option. D. This Agreement contains the entire understanding with respect to the subject matter hereof and no force or effect shall be given to any oral or prior written statements or representations not contained herein. This Agreement may not be amended except as agreed upon by both parties in writing. E. Each paragraph and provision of this Agreement is severable from the Agreement and if one provision or part is declared invalid, the remaining provisions or parts shall nevertheless remain in full force and effect. F. You are responsible for maintaining the secrecy of your passwords and any account information. G. The provisions of Paragraphs 7, 8, 9, 10 and 11 shall survive the termination of this Agreement.
WE RECOMMEND THAT YOU PRINT OUT AND KEEP A COPY OF THIS AGREEMENT FOR YOUR FUTURE REFERENCE.
RAPID CONNECT SERVICES(sm) and SPECIFICATION LICENSE AGREEMENT THIS RAPID CONNECT SERVICES AND SPECIFICATION LICENSE AGREEMENT IS BETWEEN FIRST DATA MERCHANT SERVICES CORPORATION ( FDMS ) FDMS AND YOU,
AGENT AGREEMENT. I. Agent s Obligations
AGENT AGREEMENT This Agent Agreement ( Agreement ) is made on this day of, 2009, by and between Krascar International Travel Club, Inc (hereinafter referred to as Company ) located at 1162 St Georges Ave
MasterPass Terms of Use
MasterPass Terms of Use Introduction MasterPass by MasterCard MasterCard Europe SA, Chaussée de Tervuren 198A, B- 1410 Waterloo, Kingdom of Belgium, is a digital wallet service ( MasterPass ) offered by
APP SOFTWARE LICENSE AGREEMENT
APP SOFTWARE LICENSE AGREEMENT This App Software License Agreement (the Agreement ) is made by and between AvePoint, Inc., a Delaware company, with offices at Harborside Financial Center, Plaza 10, 3 Second
ALPHA TEST LICENSE AGREEMENT
ALPHA TEST LICENSE AGREEMENT IMPORTANT NOTICE! PLEASE READ THIS STATEMENT AND THE ALPHA TEST LICENSE AGREEMENT COMPLETELY BEFORE USING THIS ALPHA SOFTWARE. BY CLICKING ON THE BUTTON MARKED YES BELOW OR
Adaptive System of School Improvement Support Tools (ASSIST ) TERMS AND CONDITIONS
Adaptive System of School Improvement Support Tools (ASSIST ) TERMS AND CONDITIONS Effective as of October 1, 2014 IMPORTANT THIS IS A LEGAL AGREEMENT BETWEEN YOU ("You" or the "Authorized User") AND ADVANCE
PointCentral Subscription Agreement v.9.2
PointCentral Subscription Agreement v.9.2 READ THIS SUBSCRIPTION AGREEMENT ( AGREEMENT ) CAREFULLY BEFORE INSTALLING THIS SOFTWARE. THIS AGREEMENT, BETWEEN CALYX TECHNOLOGY, INC., DBA CALYX SOFTWARE (
CCH Small Firm Services 2008 License Agreement for Online Applications Terms and Conditions
CCH Small Firm Services 2008 License Agreement for Online Applications Terms and Conditions Universal Tax Systems, Inc. d/b/a CCH Small Firm Services, its successors, and assigns ( CCH SFS ) licenses all
JOHN DEERE DIFFERENTIAL CORRECTION SOFTWARE LICENSE AGREEMENT
JOHN DEERE DIFFERENTIAL CORRECTION SOFTWARE LICENSE AGREEMENT IMPORTANT -- READ CAREFULLY. THIS IS A LEGAL CONTRACT BETWEEN YOU AND JOHN DEERE SHARED SERVICES, INC., A CORPORATION HAVING A PRINCIPAL ADDRESS
Paychex Accounting Online Terms of Use
Paychex Accounting Online Terms of Use Paychex recommends that Client read the Terms of Use prior to using the Paychex Accounting Online Software ( Software ). If Client does not accept and agree with
Canadian Pharmaceutical Distribution Network Certificate Authority Services Agreement. In this document:
Canadian Pharmaceutical Distribution Network Certificate Authority Services Agreement In this document: Company refers to the hospital, hospital group, or other entity that has been pre- registered by
INVESTOR NETWORKING SERVICE AGREEMENT
INVESTOR NETWORKING SERVICE AGREEMENT THIS INVESTOR NETWORKING SERVICE AGREEMENT (this Agreement ) dated as of, 201 shall govern participation in the service provided by Delaware Trust Company, a Delaware
LOGIX Fax to Email Service
LOGIX Fax to Email Service ACCEPTANCE OF TERMS AND CONDITIONS This agreement is between LOGIX Communications, L.P. dba LOGIX Communications ("LOGIX") and Customer ("you" or "Customer"), as an authorized
END USER LICENSE AGREEMENT FOR SLICKEDIT(R) CORE SOFTWARE IMPORTANT
END USER LICENSE AGREEMENT FOR SLICKEDIT(R) CORE SOFTWARE IMPORTANT THIS IS A LEGAL AGREEMENT BETWEEN YOU ("You" or "Your") AND SLICKEDIT INC. ("SlickEdit"). SLICKEDIT IS WILLING TO (1) LICENSE THE SLICKEDIT
SMARSH WEBSITE & HOSTING REPRESENTATIVE TERMS & CONDITIONS
SMARSH WEBSITE & HOSTING REPRESENTATIVE TERMS & CONDITIONS This Webhosting & Services Terms and Conditions ( Terms ) are effective as of the date of execution of the Order Form, as defined in Section 1,
COMPUTER SOFTWARE AS A SERVICE LICENSE AGREEMENT
COMPUTER SOFTWARE AS A SERVICE LICENSE AGREEMENT This Agreement is binding on the individual and the company, or other organization or entity, on whose behalf such individual accepts this Agreement, that
SERVICE TERMS AND CONDITIONS
SERVICE TERMS AND CONDITIONS Last Updated: April 19th, 2016 These Service Terms and Conditions ( Terms ) are a legal agreement between you ( Customer or you ) and Planday, Inc., a Delaware corporation
Ya-YaOnline Platform ( Service ).
SOFTWARE AS A SERVICE AGREEMENT FOR THE USE OF: Ya-YaOnline Platform ( Service ). NOW IT IS HEREBY AGREED by and between the parties hereto as follows:- Definitions "Agreement" means this Agreement and
SOFTWARE AS A SERVICE AGREEMENT
SOFTWARE AS A SERVICE AGREEMENT YOU SHOULD READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS BEFORE UTILIZING THE SOFTWARE This is an agreement to remotely provide you with access to the functionality
HSS Specific Terms HSS SOFTWARE LICENSE AGREEMENT
HSS Specific Terms HSS SOFTWARE LICENSE AGREEMENT 1. LICENSE 2. TERMINATION Subject to the terms and conditions of this HSS Software License Agreement (the Agreement ), HSS hereby grants to Client (herein
How To Use Etechglobal Online Store
5204 S. Sand Cherry Circle, Sioux Falls SD 57108 www.etechglobal.com Phone: (605) 339-4529 Merchant Service and Licensing Agreement AGREEMENT The EtechGlobal Online Store service ("EtechGlobal Online Store"
COLOCATION AGREEMENT. 1. Term and Payment for Services
COLOCATION AGREEMENT This Colocation Agreement ( Agreement ) governs your purchase and use of all colocation and related services (the Services ), as described in the Order Form, that you order and Oracast,
SELLING TERMS AND CONDITIONS
SELLING TERMS AND CONDITIONS 1. The Agreement. All sales by Sterling Machinery, Inc., an Arkansas corporation (the Seller ) to the purchaser of Seller s Goods (the Buyer ) shall be governed by the following
Teleflora Managed Services Agreement
Teleflora Managed Services Agreement Page 1 of 6 This Teleflora Managed Services Agreement (this "Agreement") is entered into as of the Effective Date set forth below between Teleflora LLC ("Teleflora")
Rhea Help Desk Software End User License Agreement
Rhea Help Desk Software End User License Agreement THIS "END USER LICENSE AGREEMENT" (THE "EULA") IS A LEGAL AGREEMENT BETWEEN THE INDIVIDUAL OR LEGAL ENTITY OR ASSOCIATION INTENDING TO USE THE SOFTWARE
Sedona Technologies Hosting Agreement
Sedona Technologies Hosting Agreement Welcome to Sedona Technologies' web hosting services. This Hosting Agreement governs your purchase and use, in any manner, of all web hosting services, including the
WEBSITE DEVELOPMENT STANDARD TERMS AND CONDITIONS
WEBSITE DEVELOPMENT STANDARD TERMS AND CONDITIONS A. Client commitment: Client agrees to allocate time and process information, as needed, during the duration of the project. Client agrees to review the
Additional Terms and Conditions of Use for KIA Digital Website Assistant Service
Additional Terms and Conditions of Use for KIA Digital Website Assistant Service IMPORTANT - READ CAREFULLY: These Additional Terms and Conditions of Use for the KIA Digital Website Assistant Service (these
SOFTWARE LICENSE AGREEMENT (Web Version October 18, 2002)
SOFTWARE LICENSE AGREEMENT (Web Version October 18, 2002) Whenever LICENSEE licenses software products ( Program(s) as further defined herein), a License Form shall be executed which shall refer to this
ADP Ambassador / Referral Rewards Program Terms and Conditions of Use
ADP Ambassador / Referral Rewards Program Terms and Conditions of Use These Terms and Conditions ("Terms") constitute an agreement between ADP Canada Co. ("ADP"), and You and apply to the ADP Canada Ambassador/Referral
SYMPHONY LEARNING LICENSE AND REMOTE HOSTED SERVICES AGREEMENT
SYMPHONY LEARNING LICENSE AND REMOTE HOSTED SERVICES AGREEMENT PLEASE READ THIS LICENSE AND REMOTE HOSTED SERVICES AGREEMENT CAREFULLY BEFORE USING THIS WEB SITE BY CHOOSING THE ACCEPT BUTTON YOU ARE (1)
1.1 Authorized User means an employee of Customer who has been issued a User ID in accordance with Section 3.2(a).
RealPrence Cloud Video Meeting Services POLYCOM, INC., VIDEO-AS-A-SERVICE TERMS OF SERVICE This Video-as-a-Service Terms of Service (the Agreement ) govern the access to and use of the VaaS by each person
Statement of Work. for. Online Event Registration Product Deployment for Salesforce Implementation. for. Open Web Application Security Project (OWASP)
Statement of Work for Online Event Registration Product Deployment for Salesforce Implementation for Open Web Application Security Project (OWASP) July 9, 2010 TABLE OF CONTENTS INTRODUCTION... 3 SCOPE...
ECC Board of Trustees
ECC Board of Trustees Executive Summary Date: February 27, 2014 Subcommittee: Academic Affairs Agenda Item: Master Software License Agreement between ECC and Xenegrade Corporation This item is for: For
IICLE ONLINE SUBSCRIPTIONS TERMS AND CONDITIONS
IICLE ONLINE SUBSCRIPTIONS TERMS AND CONDITIONS IICLE Online Library, IICLE Online CLE, and IICLE Online All Access subscriptions are accepted and approved with the understanding that the Subscriber has
Terms & Conditions. Introduction. The following terms and conditions govern your use of this website (VirginiaHomeRepair.com).
Terms & Conditions Introduction. The following terms and conditions govern your use of this website (VirginiaHomeRepair.com). Your use of this website and Content as defined below constitutes your acceptance
MOBILE BANKING SERVICES INCLUDING TEXT MESSAGING AND REMOTE DEPOSIT SERVICE ENROLLMENT TERMS AND CONDITIONS ( END USER TERMS )
MOBILE BANKING SERVICES INCLUDING TEXT MESSAGING AND REMOTE DEPOSIT SERVICE ENROLLMENT TERMS AND CONDITIONS ( END USER TERMS ) The Mobile Banking Services including Text Messaging and Remote Deposit Service
General Terms and Conditions for Online Sales of TomTom Inc ( TomTom )
General Terms and Conditions for Online Sales of TomTom Inc ( TomTom ) 1) Scope a) These Terms and Conditions shall apply to all purchase orders submitted or to be submitted by you for any item, service
We suggest you retain a copy of these End User Terms of Use for your records.
END USER TERMS OF USE The use of Incident Response Technologies Inc. s ("IRT") Software is offered to you upon your acceptance of these End User Terms of Use. By using IRT s software (the Software ), you
TERMS AND CONDITIONS
TERMS AND CONDITIONS ACCEPTANCE OF ANY PURCHASE ORDER FROM A CUSTOMER FOR USE OF ANY EQUIPMENT AND SOFTWARE PROVIDED BY RX MONITORING SYSTEMS INC. ( RXMS ) IS CONDITIONED UPON THESE TERMS AND CONDITIONS.
SOFTWARE SUBSCRIPTION SERVICE (SaaS) AGREEMENT
SOFTWARE SUBSCRIPTION SERVICE (SaaS) AGREEMENT This Software Subscription Service (SaaS) Agreement (the Agreement ) sets forth the obligations and conditions between you ( Client ) and mysalesman, LLC,
TALECH SAAS SERVICES ORDER FORM. Fax: E-Mail:
TALECH SAAS SERVICES ORDER FORM Customer: Address: Contact: Phone: Fax: E-Mail: Service(s): talech insights based software as a service as further described in Exhibit A ( Insights Service ). talech may
SourceKraft Systems & Consulting Ltd. LICENSE AGREEMENT FOR SOFTWARE APPLICATIONS
SourceKraft Systems & Consulting Ltd. LICENSE AGREEMENT FOR SOFTWARE APPLICATIONS IMPORTANT READ CAREFULLY: This SourceKraft Systems & Consulting Ltd. ("SourceKraft") License Agreement ("License" or "Agreement")
1. IMPORTANT NOTICE 2. LICENSE OF SOFTWARE PROGRAMS. 2.1. License Grant
RAPID FOCUS SECURITY, INC. DBA PWNIE EXPRESS END USER LICENSE AGREEMENT FOR ENTERPRISE PENTESTING APPLIANCE (EPA), PWN PLUG, PWN PLUG WIRELESS, PWN PLUG 3G, PWN PLUG ELITE, PWN PHONE, PWN PAD, PWN PLUG
These TERMS AND CONDICTIONS (this Agreement ) are agreed to between InfluencersAtWork,
TERMS AND CONDITIONS INFLUENCERS AT WORK These TERMS AND CONDICTIONS (this Agreement ) are agreed to between InfluencersAtWork, Ltd. ( InfluencerAtWork ) and you, or if you represent a company or other
THE TERMS AND CONDITIONS OF FUTURE LINK AUTOMATED OFFSITE BACKUP SERVICE
THE TERMS AND CONDITIONS OF FUTURE LINK AUTOMATED OFFSITE BACKUP SERVICE THIS SUBSCRIBER AGREEMENT (this Agreement ) is entered into as of the effective date on the Automated Offsite Backup Order Form
ALL WEATHER, INC. SOFTWARE END USER LICENSE AGREEMENT
ALL WEATHER, INC. SOFTWARE END USER LICENSE AGREEMENT THIS SOFTWARE END USER LICENSE AGREEMENT (THIS AGREEMENT ) IS DATED FOR REFERENCE PURPOSES ONLY AS OF MARCH 26, 2009, AND IS BY AND BETWEEN ALL WEATHER,
IPInfoDB Web Service Agreement
IPInfoDB Web Service Agreement PLEASE READ THIS WEB SERVICE AGREEMENT CAREFULLY BEFORE DOWNLOADING, INSTALLING OR USING IPINFODB SERVICES. BY CHECKING THE I HAVE READ, UNDERSTAND AND AGREE WITH THE SERVICE
SPYDERS END USER LICENSE AGREEMENT TERMS AND CONDITIONS
SPYDERS END USER LICENSE AGREEMENT TERMS AND CONDITIONS 1. IMPORTANT NOTICE PLEASE READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT (THE AGREEMENT ) CAREFULLY BEFORE PROCEEDING TO USE THE ENCLOSED
ADP Ambassador /Referral Rewards Program. Terms and Conditions of Use
ADP Ambassador /Referral Rewards Program Terms and Conditions of Use These Terms and Conditions ("Terms") are an agreement between ADP, LLC ("ADP"), on behalf of its Major Accounts Services Division ("MAS"),
END USER LICENSE AGREEMENT
END USER LICENSE AGREEMENT 1. SCOPE OF THIS AGREEMENT. This END USER LICENSE AGREEMENT ("EULA") is a legal agreement between you (either an individual or a single entity) and TradeStation ("TS") governing
Real Estate Agent Website Linking Agreement
Real Estate Agent Website Linking Agreement Please fill in this form and fax it to the Toll Brothers Marketing Department Fax # - (215) 938-8217 [Date] [Address] [Telephone] Fax: Attn: [Name and title]
SAAS SERVICES ORDER FORM
SAAS SERVICES ORDER FORM Customer: Address: Contact: Phone: E-Mail: Services: CloudBerry Managed Backup Service allows you to offer managed online backup services under your own brand powered by the CloudBerry
Covered California. Terms and Conditions of Use
Terms and Conditions of Use Contents: Purpose Of This Agreement Privacy Policy Modification Of This Agreement Permission To Act On Your Behalf How We Identify You Registration Additional Terms For Products
EXHIBIT A SOFTWARE LICENSE TERMS AND CONDITIONS
EXHIBIT A SOFTWARE LICENSE TERMS AND CONDITIONS These Software License Terms and Conditions ( Terms and Conditions ) govern the grant of a software license by ( Licensor ), a component of the University
THOMSON REUTERS (TAX & ACCOUNTING) INC. FOREIGN NATIONAL INFORMATION SYSTEM TERMS OF USE
THOMSON REUTERS (TAX & ACCOUNTING) INC. FOREIGN NATIONAL INFORMATION SYSTEM TERMS OF USE 1. License and Permitted Use The Foreign National Information System (FNIS) is licensed, not sold. Subject to the
TERMS AND CONDITIONS
TERMS AND CONDITIONS These Terms and Conditions are applicable to the use of this website (the Website ), regardless of how You accessed it. You or any derivation thereof, as used herein refers to a user
GENERAL TARIFF. 2) Internet Service is provided at C&W's discretion, depending on the availability of suitable facilities and equipment.
Page 6.1 INTERNET ACCESS SERVICES General 1. Description 1. This item is subject to the terms and provisions of Part A of this Tariff. 2. This Part applies to the following C&W services: Dialup Internet
BROCADE COMMUNICATIONS SYSTEMS, INC. END USER SOFTWARE LICENSE AGREEMENT FOR BROCADE IP ANALYTICS PACK FOR VMWARE VREALIZE OPERATIONS
BROCADE COMMUNICATIONS SYSTEMS, INC. END USER SOFTWARE LICENSE AGREEMENT FOR BROCADE IP ANALYTICS PACK FOR VMWARE VREALIZE OPERATIONS IMPORTANT: READ THIS CAREFULLY BEFORE INSTALLING, USING OR ELECTRONICALLY
SOFTWARE LICENSE AGREEMENT
SOFTWARE LICENSE AGREEMENT This Software License Agreement (this Agreement ) is entered into as of the installation date of the software by and between Nanotron Technologies GmbH, a German corporation
Online Study Affiliate Marketing Agreement
Online Study Affiliate Marketing Agreement This Affiliate Marketing Agreement (the "Agreement") contains the complete terms and conditions that apply to your participation as an Affiliate Marketer ("you,"
MERCHANT SERVICES and LICENSE AGREEMENT License Grant. FDMS' Rights. Term. New Services.
MERCHANT SERVICES and LICENSE AGREEMENT IMPORTANT: READ THIS MERCHANT SERVICES AND LICENSE AGREEMENT ("AGREEMENT") CAREFULLY BEFORE PROCEEDING. IN ORDER TO USE THE CLIENTLINE SOFTWARE AND WEBSITE (collectively,
EASTLINK PERSONAL CLOUD TERMS OF SERVICE
EASTLINK PERSONAL CLOUD TERMS OF SERVICE IMPORTANT - READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE PROCEEDING WITH DOWNLOADING AND/OR THE INSTALLATION OF THE SOFTWARE OR USING EASTLINK PERSONAL
CONSULTING SERVICES AGREEMENT
CONSULTING SERVICES AGREEMENT THIS AGREEMENT ("Agreement") is entered into on / /, between SCWOA ("Consultant"), a CA corporation with its principal place of business located at PO Box 1195, Pacifica,
ZIMPERIUM, INC. END USER LICENSE TERMS
ZIMPERIUM, INC. END USER LICENSE TERMS THIS DOCUMENT IS A LEGAL CONTRACT. PLEASE READ IT CAREFULLY. These End User License Terms ( Terms ) govern your access to and use of the zanti and zips client- side
Mobile Banking and Mobile Deposit Terms & Conditions
Mobile Banking and Mobile Deposit Terms & Conditions PLEASE CAREFULLY REVIEW THESE TERMS AND CONDITIONS BEFORE PROCEEDING: This Mobile Banking and Mobile Deposit Addendum ( Addendum ) to the Old National
Canon USA, Inc. WEBVIEW LIVESCOPE SOFTWARE DEVELOPMENT KIT DEVELOPER LICENSE AGREEMENT
Canon USA, Inc. WEBVIEW LIVESCOPE SOFTWARE DEVELOPMENT KIT DEVELOPER LICENSE AGREEMENT This Webview Livescope Software Development Kit Developer License ("Agreement") between you, the "Developer" and the
CITRIX SYSTEMS, INC. SOFTWARE LICENSE AGREEMENT
CITRIX SYSTEMS, INC. SOFTWARE LICENSE AGREEMENT PLEASE READ THIS SOFTWARE LICENSE AGREEMENT CAREFULLY BEFORE DOWNLOADING, INSTALLING OR USING CITRIX OR CITRIX-SUPPLIED SOFTWARE. BY DOWNLOADING OR INSTALLING
HART TELEPHONE COMPANY SERVICE TERMS AND CONDITIONS OF SERVICE
HART TELEPHONE COMPANY SERVICE TERMS AND CONDITIONS OF SERVICE I. GENERAL TERMS These Terms and Conditions of Services govern all services provided by Hart Telephone Company ( Hart ). When you, the Customer,
PHP POINT OF SALE TERMS OF USE
PHP POINT OF SALE TERMS OF USE This Terms of Use Agreement (the Agreement ) states the terms and conditions that govern the contractual agreement between PHP Point of Sale, LLC, (the Company ) and you
PLANTTOGETHER REFERRAL PARTNER AGREEMENT. Updated: January 1, 2015
PLANTTOGETHER REFERRAL PARTNER AGREEMENT Updated: January 1, 2015 Welcome to PlanetTogether s online referral program (the Referral Program ) provided by PlanetTogether, Inc. a California corporation with
TRIAL AGREEMENT FOR QUALIANCE
TRIAL AGREEMENT FOR QUALIANCE PLEASE READ THE TERMS OF THIS TRIAL AGREEMENT (THIS AGREEMENT ) CAREFULLY BEFORE SUBMITTING YOUR TRIAL REGISTRATION REQUEST THIS AGREEMENT GOVERNS ACCESS TO AND USE BY THE
VIRTUAL OFFICE WEBSITE LICENSE AGREEMENT
Florida Keys Multiple Listing Service, Inc. VIRTUAL OFFICE WEBSITE LICENSE AGREEMENT Florida Keys MLS, Inc. 92410 Overseas Hwy, Ste. 11 Tavernier FL 33070 305-852-92940 305-852-0716 (fax) www.flexmls.com
Mobile Banking, Text Messaging and Remote Deposit Service
Mobile Banking, Text Messaging and Remote Deposit Service Enrollment Terms and Conditions Effective as of October 9, 2012 ("END USER TERMS") This service is provided to you by BMO Harris Bank N.A. (("BMO
Software License Agreement
Software License Agreement GRANT OF LICENSE This Accusoft Corporation ("ACCUSOFT") Agreement ("LICENSE") grants YOU ("LICENSEE") a non-exclusive and non-transferable right to use the trial mode version
AGILE RISK MANAGEMENT LLC MASTER SOFTWARE LICENSE AGREEMENT
AGILE RISK MANAGEMENT LLC MASTER SOFTWARE LICENSE AGREEMENT TERMS AND CONDITIONS 1. Scope of Agreement; Definitions. This Agreement covers the license and permitted use of the Agile Risk Management LLC
END USER LICENSE AGREEMENT
END USER LICENSE AGREEMENT THIS SOFTWARE IS LICENSED, NOT SOLD. Riva Games FZ LLC including Excel Media PTE. LTD (collectively, "RIVA") reserves all rights not expressly granted to you. The product that
RockWare Click-Wrap Software License Agreement ( License )
RockWare, Inc. ( RockWare ) 2221 East Street, Suite 101 Golden CO 80401 USA RockWare Click-Wrap Software License Agreement ( License ) IMPORTANT - READ ALL OF THE TERMS AND CONDITIONS IN THIS LICENSE CAREFULLY
If you do not wish to agree to these terms, please click DO NOT ACCEPT and obtain a refund of the purchase price as follows:
IMPORTANT: READ THIS AGREEMENT CAREFULLY. THIS IS A LEGAL AGREEMENT BETWEEN AVG TECHNOLOGIES CY, Ltd. ( AVG TECHNOLOGIES ) AND YOU (ACTING AS AN INDIVIDUAL OR, IF APPLICABLE, ON BEHALF OF THE INDIVIDUAL
Revised 10/13 SUBSCRIBER AGREEMENT. Introduction
SUBSCRIBER AGREEMENT Introduction This Agreement (the "Agreement") sets forth the terms and conditions under which Consolidated Companies, Inc., together with any affiliate and/or distribution partner
END USER USER-SUBJECT-TO- QUALIFICATION SOFTWARE LICENSE AGREEMENT
END USER USER-SUBJECT-TO- QUALIFICATION SOFTWARE LICENSE AGREEMENT For Access and Use of DRDPtech, software containing Desired Results Developmental Profiles 2010 (DRDP 2010) & DRDP (2015) 2014 Cloud Version
ecatholic Payments Terms of Service Agreement
ecatholic Payments Terms of Service Agreement By signing up for or using the ecatholic Payments service, you agree to be bound by the terms and conditions of this agreement, which may be modified from
EmoeHost agrees to provide to Client the Services agreed upon between EmoeHost and Client as selected by Client at www.emoehostmaine.com.
EmoeHost Service Agreement 1. Site Services EmoeHost agrees to provide to Client the Services agreed upon between EmoeHost and Client as selected by Client at www.emoehostmaine.com. 2. Payment & Invoicing
HYBRID SOLUTIONS INDEPENDENT SOFTWARE VENDOR AGREEMENT
HYBRID SOLUTIONS INDEPENDENT SOFTWARE VENDOR AGREEMENT THE VERTEXFX TRADER API (THE SOFTWARE ) AND THE ACCOMPANYING DOCUMENTATION (THE RELATED MATERIALS ) (COLLECTIVELY, THE PRODUCT ) ARE PROTECTED BY
Geomant Americas Inc. END USER SOFTWARE LICENSE AGREEMENT
Geomant Americas Inc. END USER SOFTWARE LICENSE AGREEMENT 1.Definitions. The following terms are defined for the purposes of this Agreement as follows: (a) Client shall mean any Reseller provided client
CENTURY 21 CANADA LIMITED PARTNERSHIP WEBSITE TERMS OF USE
CENTURY 21 CANADA LIMITED PARTNERSHIP WEBSITE TERMS OF USE THESE TERMS OF USE CONTAIN LEGAL OBLIGATIONS. PLEASE READ THESE TERMS OF USE BEFORE USING THIS WEBSITE. Acceptance of these Terms of Use and any
AON HEWITT DEFINED CONTRIBUTION NEXUS PARTICIPATION AGREEMENT
AON HEWITT DEFINED CONTRIBUTION NEXUS PARTICIPATION AGREEMENT Participation Agreement (this Agreement ) made as of the day of, 20, by and among Hewitt Financial Services LLC ( HFS ) and ( Fund Manager
Master Service Agreement
This Master Services Agreement ( MSA ) is entered into by Rack Alley Inc., a Wyoming corporation, and its affiliates ( Company ), and the below-signed customer ( Customer ) on the date Customer signs the
Partners in Care Welch Allyn Connex Software Development Kit License Agreement
This Software Development Kit End User ( Agreement ) is between Welch Allyn, Inc. ( Welch Allyn ) and the Customer identified in the purchase order ( Customer or You ), and it governs the Software Development
END USER LICENSE AGREEMENT ( EULA )
END USER LICENSE AGREEMENT ( EULA ) PLEASE READ CAREFULLY THIS EULA IS A LEGAL AGREEMENT BETWEEN YOU, EITHER AS AN INDIVIDUAL, COMPANY OR OTHER LEGAL ENTITY (IN ANY CAPACITY REFERRED TO HEREIN AS END USER,
PerfectForms End-User License Agreement
PerfectForms End-User License Agreement 2011 PerfectForms Page 1 of 12 Contents 1. DEFINITIONS... 4 2. GRANT OF RIGHTS... 4 3. FEES... 5 4. CONFIGURATION... 5 5. INTELLECTUAL PROPERTY... 5 6. TERM AND
WEB HOSTING AGREEMENT
WEB HOSTING AGREEMENT This Hosting Agreement (this Agreement ) is made and entered into by and between Rotovac Corporation, a Washington corporation with offices at 17905 Bothell Everett Hwy, Mill Creek,
BACKUPPRO TERMS OF USE AND END USER LICENSE AGREEMENT
BACKUPPRO TERMS OF USE AND END USER LICENSE AGREEMENT This is a legal agreement between you and BackupPro, a business located in Australia and having its registered office at 795 Botany Road, Rosebery
Technical Help Desk Terms of Service
Technical Help Desk Terms of Service This esecuritel Technical Help Desk Terms of Service (the Agreement ) is provided in connection with the eligible tablet enrolled in either the Advanced Protection
MDM Zinc 3.0 End User License Agreement (EULA)
MDM Zinc 3.0 End User License Agreement (EULA) THIS AGREEMENT (or "EULA") IS A LEGAL AGREEMENT BETWEEN THE PERSON, COMPANY, OR ORGANIZATION THAT HAS LICENSED THIS SOFTWARE ("YOU" OR "CUSTOMER") AND MULTIDMEDIA
SOFTWARE LICENSE AGREEMENT
SOFTWARE LICENSE AGREEMENT This Software License Agreement (the "Agreement") is made as of the day of, 2015 ( Effective Date ), by and between ("Company"), located at and ("Subscriber"), located at. Both
Service Agreement Hosted Dynamics GP
Service Agreement Hosted Dynamics GP This is a Contract between you ( Company ) and WebSan Solutions Inc. ( WebSan ) of 245 Fairview Mall Drive, Suite 508, Toronto, ON M2J 4T1, Canada. This contract applies
Hosting Agreement. WHEREAS, Lanex is a software development and hosting firm that offers design, programming and hosting services; and
Hosting Agreement This Hosting Agreement ( Agreement ) comprises the terms and conditions that govern the provision of the hosting services, as defined below, to the clients ( Client ) of Lanex, LLC, with
PRECISION MICRODYNAMICS QUOTE / CONTRACT TERMS & CONDITIONS
1. General. All quotations furnished by Precision MicroDynamics Inc., ( PMDi ) or its authorized agents are solely for information of the party to whom the Quotation is addressed ( Buyer ). Any order resulting
Copyright 2006. Sagicor Life Insurance Company. All rights reserved.
Terms & Conditions Welcome to Sagicor Life Insurance Company ( Sagicor ). Sagicor maintains this website for your personal information, education and communication. Your access to and use of this website