SUBSCRIPTION LICENSE AGREEMENT

Size: px
Start display at page:

Download "SUBSCRIPTION LICENSE AGREEMENT"

Transcription

1 AppNeta, Inc Oct 5, 2012 BEFORE INSTALLING AND USING THE PRODUCT (AS DEFINED BELOW) YOU SHOULD CAREFULLY READ THE FOLLOWING ( AGREEMENT ) THAT APPLIES TO THE PRODUCT. CLICK I AGREE IF YOU (ALSO REFERRED TO AS LICENSEE ) FULLY ACCEPT AND AGREE TO ALL OF THE PROVISIONS OF THIS AGREEMENT. OTHERWISE, CLICK CANCEL. CLICKING I AGREE OR OTHERWISE DOWNLOADING, INSTALLING AND/OR USING THE PRODUCT ESTABLISHES A BINDING AGREEMENT BETWEEN YOU AS THE PERSON LICENSING THE SOFTWARE, EITHER ON BEHALF OF YOURSELF OR ANY THIRD PARTY ENTITY (THE "LICENSEE") AND APPNETA, INC. ( APPNETA). IF YOU DO NOT ACCEPT ALL OF THE TERMS OF THIS AGREEMENT, YOU SHALL HAVE NO RIGHT TO DOWNLOAD, INSTALL AND/OR USE THE PRODUCT AND MUST DELETE THE PRODUCT AND ASSOCIATED FILES IMMEDIATELY. THE RIGHT TO USE THE PRODUCT IS SOLD ONLY ON THE CONDITION THAT YOU AGREE TO THE FOLLOWING TERMS AND CONDITIONS. BY INSTALLING AND/OR BY USING THE PRODUCT, YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL CAPACITY AND AUTHORITY TO ENTER INTO A BINDING AGREEMENT TO ADHERE TO THE TERMS AND CONDITIONS SET FORTH HEREIN, AND THAT THE PRODUCT WILL BE USED ONLY IN ACCORDANCE WITH THESE TERMS AND CONDITIONS AND WITH ALL APPLICABLE LAWS. IF AN INDIVIDUAL IS REGISTERING OR USING THE PRODUCT ON BEHALF OF AN ENTITY OR ORGANIZATION, THAT INDIVIDUAL WARRANTS, REPRESENTS, AND COVENANTS TO APPNETA THAT SUCH INDIVIDUAL IS DULY AUTHORIZED TO AGREE TO THESE TERMS AND CONDITIONS ON BEHALF OF THE ORGANIZATION AND TO BIND THE ORGANIZATION TO THEM. WHERE APPLICABLE, THIS AGREEMENT APPLIES TO ALL PRODUCTS PROVIDED BY APPNETA, INCLUDING ANY EVALUATION LICENSE. 1. Definitions. 1.1 Documentation shall refer to the user manuals and other materials, including report templates and screen layouts, made available in any form by AppNeta to Licensee in connection with or as a component of Licensee s use of the Product. 1.2 Licensee Data shall refer to any data, information or other material provided to AppNeta by Licensee or loaded into the Product. 1.3 Product shall refer to the Software (as defined in Section 2.3) and hardware licensed by Licensee pursuant to the on-line order submitted by Licensee. 1.4 Services shall refer, individually and collectively, to the system configuration, training, user support and consulting services which may be provided to Licensee by AppNeta from time to time, subject to the provisions set forth herein. 1.5 Term shall refer to the period of time during which this Agreement is in full force and effect, including all Subscription Terms (as defined in Section 7.1) and Evergreen Usage Terms (as defined in Section 7.2). 2. License Grant. 2.1 Internal Use License. Subject to the terms and conditions of this Agreement, including payment of the Subscription Fee, AppNeta hereby grants to Licensee a limited, nonexclusive, non-transferable license to access and use the Product, without the right to grant sublicenses, during the Term solely for Licensee s internal business purposes. Licensee may permit the Licensee s individual employees, contractors or agents ( Authorized Users ) to access and use the Product on behalf of and for the benefit of the Licensee; (c) to use the Product for Licensee s internal business purposes to monitor and assess the number of Paths licensed to Licensee as set forth in Licensee s on-line order. For the purposes of this Agreement, Path means a network path leading to one or more user devices, such as a single computer, a server, a handset, a mobile device, a WAN or LAN, or such other IP device determined by the Licensee. 2.2 Documentation. Licensee shall be entitled to (a) use the Documentation internally solely to support its authorized use of the Product, and (b) make that number of copies of the Documentation as are reasonably required for it to exercise its rights under clause (a). Any such copies shall include all trademarks or other proprietary legends where and as set forth in the original. Licensee agrees not to provide access to the Documentation to any third party except Authorized Users. 2.3 License Restrictions. Licensee shall not, and shall not attempt to (and shall not authorize or allow any third party to attempt to) download or otherwise obtain a copy of any software installed in or accessible through the hardware provided by AppNeta (the Software ) in any form. Licensee will not: (i) disassemble, reverse engineer, decompile, or otherwise attempt to derive source code from the Software; (ii) modify, adapt, create derivative works based upon, or translate the Software; (iii) copy, install or use the Software on any of its computer systems, servers, or networks; (iv) assign, re-license or sublicense the Product or the use of the Product; or (v) transfer, lease, loan, resell for profit, distribute or otherwise grant any rights in the Product in any form to any other party, including commercial time-sharing, rental, or service bureau use. Licensee shall not use the Product or the Documentation on behalf of any third party, or for any purpose other than monitoring, collecting, analyzing and using Licensee Data for Licensee s internal business purposes.

2 2.4 Licensee Compliance with Laws. Licensee acknowledges and agrees that it is Licensee s obligation to comply with all applicable laws and regulations in its use of the Product and Licensee Data, including those laws and regulations relating to personal data protection and privacy. 3. Proprietary Rights. 3.1 AppNeta Technology. Licensee acknowledges and agrees that subject to the limited rights expressly granted to Licensee under Section 2, all trade secret, copyright, patent, trademark, trade name, and other intellectual and proprietary rights in the Product and the Documentation, and in the technology embodied in or reflected by such Product and Documentation, (in each case including any upgrades, modifications, extensions, derivatives, translations, reformulations or developments of the foregoing), are and at all times shall remain the exclusive property of AppNeta. AppNeta s suppliers are the intended third party beneficiaries of the Agreement and have the express right to rely upon and directly enforce the terms set forth herein. 3.2 Licensee Data. AppNeta acknowledges and agrees that Licensee shall own all title to and ownership of the Licensee Data and that AppNeta shall have no rights thereto except the limited right to use the same on an as needed basis in connection with the ongoing operation and maintenance of the Product and AppNeta s performance of Services. 4. Services. Licensee shall receive maintenance and support services for the Product as set forth in the Maintenance Services Description posted, from time to time, on the AppNeta s web site ( The cost of maintenance and support services is included in the Subscription Fee. If AppNeta is asked to provide any professional services to Licensee, the terms for such professional services shall be mutually agreed upon and specified in a written and signed Statement of Work attached to this Agreement. The cost of professional services is not included in the Subscription Fee. Travel and living expenses incurred by AppNeta in connection with maintenance, support, and professional services are not included in the Subscription Fee. Licensee shall pay all reasonable travel and living expenses, including transportation, lodging, meals and other direct expenses incurred, which will be billed at actual cost. 5. Warranty; Disclaimer. Subject to the limitations and exceptions set forth in this Agreement, AppNeta warrants that for a period of sixty (60) days from the delivery of the Product, that when properly used for the purpose and in the manner authorized by this Agreement, the Product will perform substantially in accordance with the specifications set forth in the Documentation. Licensee s sole and exclusive remedy and AppNeta s sole and exclusive obligation under this warranty shall be, at AppNeta s sole discretion, (i) for AppNeta to correct any failure of the affected Product to perform as warranted, (ii) for AppNeta to replace the affected Product with a new copy or update, or (iii) termination of this Agreement and the licenses granted herein, and a refund of that portion of the prepaid Subscription Fee associated with the unused prepaid portion of the then current Subscription Term. LICENSEE S USE OF THE PRODUCT AND SERVICES IS AT ITS OWN RISK. EXCEPT FOR THE EXPRESS WARRANTY STATED ABOVE, THE PRODUCT IS PROVIDED AS IS AND THE LICENSEE ACCEPTS THE ENTIRE RISK AS TO THE QUALITY, PERFORMANCE AND RESULTS OF USE OF THE PRODUCT. EXCEPT AS OTHERWISE RESTRICTED BY LAW, APPNETA AND ITS SUPPLIERS AND DISTRIBUTORS DISCLAIM ALL OTHER WARRANTIES, REPRESENTATIONS, CONDITIONS, OR GUARANTEES OF ANY KIND, EITHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, ORAL OR WRITTEN, WITH RESPECT TO THE PRODUCT AND ANY SERVICES FURNISHED IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OR CONDITIONS: (A) OF MERCHANTABILITY; (B) OF SATISFACTORY OR MERCHANTABLE QUALITY; (C) OF FITNESS FOR A PARTICULAR PURPOSE; (D) OF NONINFRINGEMENT; OR (E) ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO THE LICENSEE, AND THE LICENSEE MAY HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE OR BY JURISDICTION. 6. Fees; Payment Terms. The Subscription Fee shall be invoiced in annually in advance. Invoices will be stated in United States dollars and shall be due and payable within thirty (30) days following invoice date unless otherwise specified herein or agreed upon in writing by the parties. Late payments shall be subject to a service charge equal to the lesser of 1% per month or the maximum amount allowed by law, with respect to the overdue amount. License fees are non-refundable except as expressly provided for herein. All fees are exclusive of all applicable taxes, duties or other governmental assessments. Licensee shall be liable for the payment of all such assessments (other than taxes based on AppNeta s income) and shall indemnify and hold harmless AppNeta with respect to any claims, losses, damages, penalties or other liabilities incurred by AppNeta as a result of Licensee s failure to timely pay such assessments. 7. Term; Termination. All licenses shall be one of two forms; Term Subscription with explicitly defined start and end dates as described in 7.1 or Evergreen Usage Terms as described in Subscription Term. The initial subscription period of this Agreement shall commence on the Effective Date, shall continue for the term specified in the on-line order, and shall be renewed for successive one (1) year terms thereafter unless either party gives the other party written notice of its intent not to renew the term at least thirty (30) days prior to the expiration of the then-current term (each subscription period, a Subscription Term ). AppNeta reserves the right to increase the Page 2

3 Subscription Fee by no more than 6% for each renewal term, provided notice of any such increase is provided to Licensee no later than forty-five (45) days prior to the expiration of the then-current term. 7.2 Evergreen Usage Term. The initial subscription period of this Agreement shall commence on the Effective Date, shall continue for the term specified in the on-line order, and shall be renewed automatically for successive one (1) month terms thereafter unless either party gives the other party written notice of its intent not to renew the term at least thirty (30) days prior to the expiration of the then-current term (each subscription period, a Subscription Term ). AppNeta will monitor the usage of the service by the Licensee and the Licensee agrees to be billed according to the terms of the original Evergreen Usage purchase. AppNeta reserves the right to increase the Subscription Fee by no more than 6% for each renewal term, provided notice of any such increase is provided to Licensee no later than forty-five (45) days prior to the expiration of the then-current term. 7.3 Termination. Either party may terminate this Agreement (a) upon thirty (30) days prior written notice if the other party has materially breached this Agreement and has not cured the same within the thirty (30) day notice period, or (b) immediately upon written notice in the event of (i) the bankruptcy, insolvency, or placing of the assets or the business of the other party in the hands of a receiver or trustee, (ii) the filing of a petition for bankruptcy or reorganization by or against the other party, or (iii) the dissolution or liquidation of the other party. A termination of this Agreement shall result in the automatic contemporaneous termination of the then current Subscription Term. 7.4 Effect of Termination. Upon any termination of this Agreement, (a) Licensee shall promptly: (i) discontinue all use of the Product and Documentation; (ii) erase or destroy any electronic copies or partial copies of the Documentation destroy any tangible copies or partial copies of the Documentation, in its possession or control; and (iii) certify in writing to AppNeta that Licensee has complied with these requirements; (b) AppNeta shall terminate Licensee s access to any hosted Software; and (c) both parties shall promptly return to the other or destroy the other party s Confidential Information. Upon request by Licensee made within thirty (30) days after the effective date of termination of this Agreement, AppNeta will make available to Licensee for download a file of Licensee s Data in comma separated value (.csv) format along with attachments in their native format. After such thirty (30) day period, AppNeta shall have no obligation to maintain or provide any of Licensee s Data and shall thereafter, unless legally prohibited, delete all of Licensee s Data in AppNeta s systems or otherwise in AppNeta s possession or under control. Any additional services provided by AppNeta related to the return of Licensee s data shall be billed at the then-current professional services rates. Termination of this Agreement will not limit either party from pursuing other remedies available to it, including injunctive relief, nor will such termination relieve Licensee s obligation to pay all fees that have accrued or are otherwise owed by Licensee for the balance of the then-current term. Any provisions providing for limitations on liability, and those terms which by their nature were intended to survive any termination of this Agreement shall so survive. 8. Indemnification. AppNeta shall (a) defend Licensee from and against any third party claim that the Product infringes a United States patent, copyright, trademark, or other intellectual property right of such third party, and (b) pay the resulting cost and damages finally awarded against Licensee by a court of competent jurisdiction or the amount stated in a written settlement signed by AppNeta. The foregoing obligations are contingent upon Licensee providing AppNeta with: (i) prompt notice of such claim (and in any event notice in sufficient time for AppNeta to respond without prejudice); (ii) the exclusive right to control, direct, and perform the investigation, defense, or settlement of such claim; and (iii) such assistance as may be reasonably requested by AppNeta at AppNeta s expense. If Licensee s use of the Product is, or in AppNeta s opinion is likely to be, enjoined, or if required by settlement, or if commercially advisable, AppNeta may: (x) substitute for the infringing element of the Product functionally similar technology; (y) procure for Licensee the right to continue using the Product; or, (z) terminate this Agreement and refund to Licensee that portion of the subscription license fee prepaid for the then-current Subscription Term which reflects the unused prepaid portion of such term. The foregoing defense and indemnification obligations of AppNeta shall not apply to the extent the alleged infringement arises out of the use or combination of the Product with other non-appneta Product, services, or processes, or any unauthorized use of the Product. THIS SECTION STATES LICENSEE S SOLE AND EXCLUSIVE REMEDY AND APPNETA S ENTIRE LIABILITY FOR THIRD PARTY INFRINGEMENT CLAIMS 9. Limitation of Damages. IN NO EVENT SHALL APPNETA BE LIABLE TO OR THROUGH LICENSEE, BASED ON ANY THEORY OF LAW, EQUITY, TORT, CONTRACT OR OTHERWISE FOR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF USE, LOSS OF LICENSEE DATA, OR COSTS OF COVER, ARISING OUT OF THE PERFORMANCE OR NON-PERFORMANCE OF THE PRODUCT OR THE PROVISION OF SERVICES HEREUNDER OR OTHERWISE IN CONNECTION WITH THIS AGREEMENT, EVEN IF APPNETA WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF THE WARRANTY REMEDY FAILS IN ITS ESSENTIAL PURPOSE. APPNETA S TOTAL LIABLITY UNDER THIS AGREEMENT FOR ANY CLAIMS OR DAMAGES OF ANY KIND AND BASED ON ANY THEORY OF LAW, EQUITY, TORT, CONTRACT OR OTHERWISE, SHALL NOT EXCEED, WITH ALL CLAIMS AGGREGATED, THE TOTAL AMOUNT OF THE SERVICE AND LICENSE FEES PAID BY LICENSEE DURING THE TERM IN WHICH THE CLAIM(S) AROSE. ANY CLAIM BY LICENSEE SHALL BE BROUGHT WITHIN 12 MONTHS FOLLOWING THE EVENT GIVING RISE TO THE SAME. Page 3

4 10. Confidentiality. Each party acknowledges that by reason of the relationship created between the parties by this Agreement, it may have access to certain non-public information of substantial value concerning the other party's business, operations, strategic plans, customers, suppliers, technology, competition and employees ( Confidential Information ), which value would be impaired if such Confidential Information were disclosed to third parties or used other than for purposes expressly authorized hereunder. Without limiting the foregoing, but for avoidance of doubt the terms of this Agreement, and any performance, warranty and like information relating to the Product (by whomsoever generated or communicated) will be considered the Confidential Information of AppNeta. Accordingly, each party agrees (a) to maintain all Confidential Information received from the other, in whatever form disclosed, in strict confidence, (b) not to disclose or otherwise make available such Confidential Information to any third party without the prior written consent of the disclosing party, and (c) not to use the Confidential Information of the other party except as required in the performance of its obligations or the exercise of its rights hereunder. The foregoing obligations shall not apply to Confidential Information of a disclosing party that, as can be reasonably demonstrated with admissible evidence by the receiving party: (i) is or becomes a matter of public knowledge though no action or omission of the receiving party; (ii) was rightfully in the receiving party s possession without restrictions on use or disclosure prior to its disclosure by the disclosing party; (iii) is rightfully obtained by the receiving party without an obligation of confidentiality from a third party who has no obligation of confidentiality, direct or indirect, to the disclosing party; (iv) is independently developed by the receiving party without reference to the disclosing party s Confidential Information; or (v) is required to be disclosed by a court or other authorized tribunal, and then only to the extent of such requirement and only after given prompt notice of the requirement to the disclosing party. Upon the written request of the disclosing party (subject to each party s rights, during the Term, to retain a copy of the other s Confidential Information solely for purposes of performing its obligations and exercising its rights hereunder) or upon any termination of this Agreement, the receiving party shall (a) immediately return to the disclosing party or destroy all copies and partial copies of the disclosing party s Confidential Information, whether maintained in tangible, electronic or other form (including permanently erasing any portions thereof from computers and systems) and (b) provide the disclosing party with written certification of its compliance with the terms of this section. Each party acknowledges that any breach of any of its obligations with respect to the other party's Confidential Information may cause or threaten irreparable harm to such party. Accordingly, each party agrees that in such event, the aggrieved party shall be entitled to seek equitable relief in any court of competent jurisdiction without the necessity of posting bond and in addition to such other remedies as may be available to the aggrieved party under law or in equity. 11. General (a) All notices required or permitted under this Agreement shall be in writing and shall be sent by hand, overnight courier or by facsimile (in each case with confirmation of receipt). Notices shall be deemed delivered on the date of delivery, if delivery occurs within normal business hours or on the next business day if delivery occurs outside of normal business hours. All communications will be sent to the respective addresses first set forth above or to such other address as may be designated by a party by giving written notice to the other party pursuant to this Section 11. (b) Licensee may not assign this Agreement or any of its licenses, rights or duties under this Agreement, whether by operation of law or otherwise, without the prior written consent of AppNeta; provided however, that Licensee may, assign this Agreement to an affiliate of Licensee or to a third party to whom Licensee has assigned all or substantially all of its assets or control, or as a result of a sale or merger or consolidation, in each case provided that (i) such assignee has agreed who agrees in writing to be bound by the terms herein, (ii) the assignee is not a direct competitor of AppNeta, (iii) Licensee is current in its payments hereunder, and (iv) Licensee provides notice of such assignment to AppNeta either prior to or promptly following the effective date of such assignment. Subject to the previous sentence, the rights and liabilities of the parties hereto will bind and inure to the benefit of their respective successors and assignees. (c) A waiver shall only be deemed to have been made if expressed in writing by the party granting such waiver and shall not be construed as a waiver of future performance of any such term. (d) Neither party will be liable for any failure or delay in its performance under this Agreement (or the performance of or access to the Software), other than payment obligations, due to causes that are beyond its reasonable control, including, but not limited to, an act of God, act of civil or military authority, fire, epidemic, flood, earthquake, riot, war, terrorism, sabotage, and governmental action; provided that the delayed party: (i) gives the other party written notice of such cause promptly; and (ii) uses its reasonable efforts to correct such failure or delay. (e) This Agreement constitutes the entire understanding between the parties, and supersede all prior discussions, representations, understandings, or agreements (including any pre-existing nondisclosure agreement, except as to its surviving terms and with respect to information disclosed under that agreement), whether oral or in writing, between the parties with respect to the subject matter of this Agreement. Any modification or amendment to this Agreement must be in writing and signed by each party s authorized representatives. No terms in any purchase order or other document delivered by Licensee shall be deemed to amend the terms of this Agreement and any such additional or inconsistent terms shall be deemed unacceptable to and rejected by AppNeta. If any provision of this Agreement shall be held by a court of law of competent jurisdiction to be unenforceable, the remaining provisions shall remain in full force and effect and, to the extent allowed and practicable, the unenforceable provision shall be modified so as to be enforceable consistent with its original intent and economic effect. The headings and captions used in this Agreement are for convenience only, and shall not affect the interpretation of the provisions of this Agreement. The word including shall be construed non-exclusively, to mean including but not limited to. The word or shall be construed inclusively, to mean that one or more of the options may Page 4

5 occur. This Agreement and any amendment hereto may be executed in counterparts, each of which shall be deemed an original and both of which together shall constitute one instrument. (f) If Licensee is an agency of the United States Government, or the license granted hereunder is pursuant to a contract with either a defense or civilian agency of the United States Government, Licensee agrees that the Product is provided with the commercial license rights stated herein and as set forth in FAR and DFAR , as applicable, or in successor provisions, as well as the terms set forth in this Agreement. (g) The Product is subject to United States export laws and administrative regulations. The Licensee agrees not to export or re-export the Product to: (A) to any country or region to which the United States has embargoed or restricted the export of goods or services, which currently include, but are not necessarily limited to Cuba, Iran, Iraq, Libya, North Korea, Sudan, the Taliban and Syria, or to any national of any such country or region, wherever located, who intends to transmit or transport the Product back to such country or region; (B) to any person or entity who the Licensee knows or has reason to know will use the Product in the design, development or production of nuclear, chemical or biological weapons; or (c) to any person or entity who has been prohibited from participating in United States export transactions by any federal agency of the United States government. (h) Licensee agrees to make reasonable efforts to act as a customer reference for AppNeta and shall, upon AppNeta s reasonable request, participate in white papers about Licensee s use of the Product. In addition, AppNeta shall be entitled to include Licensee on AppNeta s published customer lists. (i) The relationship of AppNeta and Licensee established by this Agreement is that of independent contractors, and nothing contained in the Agreement will be construed to constitute the parties as partners, joint venturers, co-owners, or otherwise as participants in a joint undertaking. (j) During the term of the Agreement and for a period of one (1) year after termination or expiration, the Licensee will maintain complete records regarding the Licensee s use of the Product. To ensure compliance with the terms of this Agreement, upon request, the Licensee will provide AppNeta with a report of the Licensee s use of the Product. The Licensee will allow AppNeta reasonable access to Licensee s computer systems, books and records during regular business hours to permit AppNeta to verify the Licensee s use of the Product and its compliance with this Agreement. In the event any such audit reveals that the Licensee has underpaid AppNeta by an amount greater than five percent (5%) of the amounts due AppNeta in the period being audited, or that the Licensee has knowingly breached any material obligation hereunder, then, in addition to such other remedies as AppNeta may have, the Licensee will pay or reimburse to AppNeta the cost of the audit. (k) This Agreement shall be governed by and construed under the laws of the Commonwealth of Massachusetts without regard to its conflict of law provisions. The prevailing party in any action to enforce this Agreement will be entitled to recover its attorneys fees and costs in connection with such action. Page 5

Consulting Terms. 1. Consulting Services

Consulting Terms. 1. Consulting Services These Consulting Terms, together with a Work Order, and any terms which are incorporated by written reference in any of the foregoing (including written reference to information contained in a URL or policy)

More information

1. IMPORTANT NOTICE 2. LICENSE OF SOFTWARE PROGRAMS. 2.1. License Grant

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

More information

Evaluation, Development and Demonstration Software License Agreement

Evaluation, Development and Demonstration Software License Agreement Evaluation, Development and Demonstration Software License Agreement IMPORTANT PLEASE CAREFULLY READ THE FOLLOWING LICENSE AGREEMENT, WHICH IS LEGALLY BINDING. DO NOT DOWNLOAD OR INSTALL THE LICENSED MATERIALS

More information

PointCentral Subscription Agreement v.9.2

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 (

More information

PWNIE EXPRESS TERMS AND CONDITIONS AND END USER LICENSE AGREEMENT PWN PULSE SOFTWARE AND SENSOR HARDWARE AS A SERVICE

PWNIE EXPRESS TERMS AND CONDITIONS AND END USER LICENSE AGREEMENT PWN PULSE SOFTWARE AND SENSOR HARDWARE AS A SERVICE PWNIE EXPRESS TERMS AND CONDITIONS AND END USER LICENSE AGREEMENT PWN PULSE SOFTWARE AND SENSOR HARDWARE AS A SERVICE Pwnie Express and the end user customer or licensee (the Licensee ) agree that the

More information

XANGATI END USER SOFTWARE LICENSE TERMS AND CONDITIONS

XANGATI END USER SOFTWARE LICENSE TERMS AND CONDITIONS XANGATI END USER SOFTWARE LICENSE TERMS AND CONDITIONS IMPORTANT: PLEASE READ BEFORE DOWNLOADING, INSTALLING OR USING THE XANGATI, INC. ("LICENSOR") SOFTWARE YOU HAVE LICENSED ("SOFTWARE"). BY EXECUTING

More information

SOFTWARE LICENSE AGREEMENT (Web Version October 18, 2002)

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

More information

SYMPHONY LEARNING LICENSE AND REMOTE HOSTED SERVICES AGREEMENT

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)

More information

Software License and Services Agreement

Software License and Services Agreement Software License and Services Agreement This Software License and Services Agreement ( Agreement ) is made and entered into as of this day of, 19, between BC, Inc. ( BC ) and ( Customer ). In consideration

More information

These TERMS AND CONDICTIONS (this Agreement ) are agreed to between InfluencersAtWork,

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

More information

Geomant Americas Inc. END USER SOFTWARE LICENSE AGREEMENT

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

More information

Affiliate means a legal entity that is owned by or under common ownership with Stratus Technologies Ireland Limited.

Affiliate means a legal entity that is owned by or under common ownership with Stratus Technologies Ireland Limited. STRATUS TECHNOLOGIES IRELAND LIMITED ( STRATUS ) END-USER LICENSE AGREEMENT AND SOFTWARE SUPPORT TERMS AND CONDITIONS FOR STRATUS everrun SOFTWARE PRODUCTS Please read this end user license agreement ("EULA")

More information

FAX COVER PAGE GENERATOR SDK/ACTIVEX LICENSE AGREEMENT

FAX COVER PAGE GENERATOR SDK/ACTIVEX LICENSE AGREEMENT FAX COVER PAGE GENERATOR SDK/ACTIVEX LICENSE AGREEMENT This Software Development License Agreement ( Agreement ) is made and entered into by and between ( Licensee ), a corporation having its principal

More information

SMARSH WEBSITE & HOSTING REPRESENTATIVE TERMS & CONDITIONS

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,

More information

exmeritus Software Incorporated ENTERPRISE SOFTWARE LICENSE AGREEMENT COVER PAGE

exmeritus Software Incorporated ENTERPRISE SOFTWARE LICENSE AGREEMENT COVER PAGE exmeritus Software Incorporated 5405 Kennington Place, Fairfax, VA 22032 ENTERPRISE SOFTWARE LICENSE AGREEMENT COVER PAGE VOID IF EXECUTED AFTER The attached documents describe the relationship between

More information

PLEASE READ THIS AGREEMENT CAREFULLY. BY INSTALLING, DOWNLOADING OR OTHERWISE USING THE SOFTWARE, YOU AGREE TO THE TERMS OF THIS AGREEMENT.

PLEASE READ THIS AGREEMENT CAREFULLY. BY INSTALLING, DOWNLOADING OR OTHERWISE USING THE SOFTWARE, YOU AGREE TO THE TERMS OF THIS AGREEMENT. Access Governance Suite 6 Lifecycle Manager 6 Compliance Manager 6 Software License Agreement PLEASE READ THIS AGREEMENT CAREFULLY. BY INSTALLING, DOWNLOADING OR OTHERWISE USING THE SOFTWARE, YOU AGREE

More information

SOFTWARE SUBSCRIPTION SERVICE (SaaS) AGREEMENT

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,

More information

THOMSON REUTERS (TAX & ACCOUNTING) INC. FOREIGN NATIONAL INFORMATION SYSTEM TERMS OF USE

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

More information

SUBSCRIPTION SERVICES.

SUBSCRIPTION SERVICES. SUSE Manager Server SUSE Manager Server with Database SUSE Software License Agreement PLEASE READ THIS AGREEMENT CAREFULLY. BY PURCHASING, INSTALLING AND/OR USING THE SOFTWARE (INCLUDING ITS COMPONENTS),

More information

COMPUTER SOFTWARE AS A SERVICE LICENSE AGREEMENT

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

More information

RockWare Click-Wrap Software License Agreement ( License )

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

More information

CLOUD COMPUTER SERVICES SOFTWARE SALES & LICENSE AGREEMENT

CLOUD COMPUTER SERVICES SOFTWARE SALES & LICENSE AGREEMENT CLOUD COMPUTER SERVICES SOFTWARE SALES & LICENSE AGREEMENT This computer software license agreement ( Agreement ) is entered into as of May 1, 2015, by and between QuickSchools.com, Inc. ( Licensor and

More information

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 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

More information

TALECH SAAS SERVICES ORDER FORM. Fax: E-Mail:

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

More information

PLANTTOGETHER REFERRAL PARTNER AGREEMENT. Updated: January 1, 2015

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

More information

APP SOFTWARE LICENSE AGREEMENT

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

More information

SaaS Agreement. The Parties hereto agree as follows:

SaaS Agreement. The Parties hereto agree as follows: SaaS Agreement This Soffront SaaS Agreement ( Agreement ) is made and entered into on this date, by and between Soffront Software Inc. ( Soffront or Party ) a California corporation, and ( Customer or

More information

Acquia Certification Program Agreement

Acquia Certification Program Agreement BY CLICKING THE ACCEPT BUTTON ON THE PROGRAM TERMS ACCEPTANCE PAGE OF ANY ACQUIA CERTIFICATION PROGRAM EXAM, YOU ACCEPT AND AGREE TO BE BOUND BY THIS ACQUIA CERTIFICATION PROGRAM AGREEMENT, INCLUDING ANY

More information

Terms of Service. Permitted uses You may use the Services for your own internal business purposes only in accordance with these Terms.

Terms of Service. Permitted uses You may use the Services for your own internal business purposes only in accordance with these Terms. Terms of Service Description of services Through its network of Web properties, Nintex UK Ltd and its global affiliates ( Nintex or We ) provides a variety of resources, including but not limited to hosted

More information

SPYDERS END USER LICENSE AGREEMENT TERMS AND CONDITIONS

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

More information

ALPHA TEST LICENSE AGREEMENT

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

More information

VIRTUAL OFFICE WEBSITE LICENSE AGREEMENT

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

More information

Skedans Systems Inc EasyRTC ios and Android Software Developer's Kit ("SDK") License Agreement

Skedans Systems Inc EasyRTC ios and Android Software Developer's Kit (SDK) License Agreement Skedans Systems Inc EasyRTC ios and Android Software Developer's Kit ("SDK") License Agreement Notice to user: THIS IS A LICENSE AGREEMENT BETWEEN YOU AND SKEDANS SYSTEMS INC ( Skedans ). BY INDICATING

More information

MCC TERMS AND CONITIONS

MCC TERMS AND CONITIONS MCC TERMS AND CONITIONS Welcome to MNCred.org, which is owned by Minnesota Credentialing Collaborative, LLC ( we, us or MCC ) a joint effort of the Minnesota Council of Health Plans (MCHP), Minnesota Hospital

More information

Software License Agreement

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

More information

SOFTWARE AS A SERVICE AGREEMENT

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

More information

Service Agreement Hosted Dynamics GP

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

More information

IPInfoDB Web Service Agreement

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

More information

GENERAL TERMS. 1.1 Hardware refers to the computer equipment, including components, options and spare parts.

GENERAL TERMS. 1.1 Hardware refers to the computer equipment, including components, options and spare parts. YOU AGREE THAT BY PLACING AN ORDER THROUGH AN ORDERING DOCUMENT THAT INCORPORATES THESE GENERAL TERMS (THE ORDERING DOCUMENT ) YOU AGREE TO FOLLOW AND BE BOUND BY THE TERMS AND CONDITIONS OF THE ORDERING

More information

SOFTWARE DEVELOPMENT KIT LICENSE AGREEMENT

SOFTWARE DEVELOPMENT KIT LICENSE AGREEMENT Note: By clicking I AGREE, downloading, installing, or using the SDK, you conclude and agree to the terms of this license agreement (the Agreement ) in a legally binding manner with AirWatch LLC., 1155

More information

Alberta Construction Safety Association

Alberta Construction Safety Association Alberta Construction Safety Association #101, 225 Parsons Road SW, Edmonton, AB T6X 0W6 Phone: (780) 453-3311 Toll Free 1-800-661-2272 Fax: (780) 455-1120 Toll Free 1-877-441-0440 Email: elearn@acsa-safety.org

More information

Web Site Development Agreement

Web Site Development Agreement Web Site Development Agreement 1. Parties; Effective Date. This Web Site Development Agreement ( Agreement ) is between Plug-N-Run, its affiliates, (including but not limited to USA Financial, USA Financial

More information

SOFTWARE LICENSE AGREEMENT

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

More information

MRMLS LISTING INFORMATION LICENSE AGREEMENT

MRMLS LISTING INFORMATION LICENSE AGREEMENT MRMLS LISTING INFORMATION LICENSE AGREEMENT (MRMLS data feed to Affiliated VOW Partner) This Listing Information License Agreement (the Agreement ) is made and entered into by and between MULTI REGIONAL

More information

Master Service Agreement

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

More information

ELKHART COUNTY BOARD OF REALTORS AND MULTIPLE LISTING SERVICE OF ELKHART COUNTY INC. VIRTUAL OFFICE WEBSITE (VOW) LICENSE AGREEMENT

ELKHART COUNTY BOARD OF REALTORS AND MULTIPLE LISTING SERVICE OF ELKHART COUNTY INC. VIRTUAL OFFICE WEBSITE (VOW) LICENSE AGREEMENT ELKHART COUNTY BOARD OF REALTORS AND MULTIPLE LISTING SERVICE OF ELKHART COUNTY INC. VIRTUAL OFFICE WEBSITE (VOW) LICENSE AGREEMENT This License Agreement (the Agreement) is made and entered into between

More information

1.1 Authorized User means an employee of Customer who has been issued a User ID in accordance with Section 3.2(a).

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

More information

AGREEMENT. WHEREAS, Oakwood s website (the Oakwood Site ) is located at www.oakwood.com;

AGREEMENT. WHEREAS, Oakwood s website (the Oakwood Site ) is located at www.oakwood.com; AGREEMENT This Referral Agreement (the Agreement ) is entered into as of the Effective Date (see following page), by and between ( Affiliate Website ), and R&B Realty Group, a California limited Partnership,

More information

COMPUTER SERVICES AGREEMENT

COMPUTER SERVICES AGREEMENT COMPUTER SERVICES AGREEMENT This COMPUTER SERVICES AGREEMENT ( "Agreement") is made and entered into effective as of the 1 day of January, 2008 (the Effective Date ), by and between 3T Productions, Inc.,

More information

How To License A Root Certificate License Agreement

How To License A Root Certificate License Agreement Root Certificate License Agreement CUSTOMER Name: Address: CONTRACT NO. CUSTOMER PRINCIPAL CONTACT Name: Title: Phone: Fax: Email: COMPANY PRINCIPAL CONTACT Name: Title: Phone: Fax: Email: EFFECTIVE DATE:

More information

CITRIX SYSTEMS, INC. SOFTWARE LICENSE AGREEMENT

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

More information

Real Estate Agent Website Linking Agreement

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]

More information

READ THIS AGREEMENT CAREFULLY.

READ THIS AGREEMENT CAREFULLY. NEXB INC. END USER AGREEMENT FOR SOFTWARE AS A SERVICE READ THIS AGREEMENT CAREFULLY. This Agreement is a legally binding agreement between you (meaning the person or the entity that obtained the Service

More information

ALM Works End-User License Agreement for Structure Plugin

ALM Works End-User License Agreement for Structure Plugin ALM Works End-User License Agreement for Structure Plugin IMPORTANT - READ CAREFULLY: This End-User License Agreement (EULA) is a legal agreement between you (either an individual or a single legal entity)

More information

WE RECOMMEND THAT YOU PRINT OUT AND KEEP A COPY OF THIS AGREEMENT FOR YOUR FUTURE REFERENCE.

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,

More information

How To Pay A Contract With Neustar

How To Pay A Contract With Neustar Neustar Referral Partnership Agreement This NEUSTAR REFERRAL AFFILIATE PARTNERSHIP AGREEMENT ( Agreement ) is made and entered into between Neustar, Inc. a Delaware Corporation, located at 46000 Center

More information

ZaZaChat End User License Agreement

ZaZaChat End User License Agreement ZaZaChat End User License Agreement 1. Services and Support 1.1 The Services are provided subject to this Agreement, as it may be amended by ZaZa Network, and any guidelines, rules or operating policies

More information

End-User Software License Agreement

End-User Software License Agreement End-User Software License Agreement This End-User Software License Agreement (the Agreement ) is a license agreement between you (the Licensee ) and IMSWorkX, Inc. ( IMSWorkX ), a Delaware corporation

More information

EmoeHost agrees to provide to Client the Services agreed upon between EmoeHost and Client as selected by Client at www.emoehostmaine.com.

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

More information

HYBRID SOLUTIONS INDEPENDENT SOFTWARE VENDOR AGREEMENT

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

More information

CORE TECHNOLOGIES CONSULTING, LLC SOFTWARE UNLIMITED ENTERPRISE LICENSE AGREEMENT

CORE TECHNOLOGIES CONSULTING, LLC SOFTWARE UNLIMITED ENTERPRISE LICENSE AGREEMENT CORE TECHNOLOGIES CONSULTING, LLC SOFTWARE UNLIMITED ENTERPRISE LICENSE AGREEMENT IMPORTANT-READ CAREFULLY: This license agreement is a legal agreement between you and Core Technologies Consulting, LLC,

More information

Master Software Purchase Agreement

Master Software Purchase Agreement Master Software Purchase Agreement This Master Software Purchase Agreement ( Agreement ) is entered into as of Wednesday, March 12, 2014 (the Effective Date ) by and between with principal offices at (

More information

COLOCATION AGREEMENT. 1. Term and Payment for Services

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,

More information

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:

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

More information

Online Study Affiliate Marketing Agreement

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,"

More information

LTC ELITE, LLC MEMBERSHIP AGREEMENT

LTC ELITE, LLC MEMBERSHIP AGREEMENT LTC ELITE, LLC MEMBERSHIP AGREEMENT This Membership Agreement (this Agreement ) is made and entered into effective, (the Effective Date ), by and between LTC Elite, LLC, a Texas limited liability company

More information

INVESTOR NETWORKING SERVICE AGREEMENT

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

More information

THE TERMS AND CONDITIONS OF FUTURE LINK AUTOMATED OFFSITE BACKUP SERVICE

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

More information

END USER LICENSE AGREEMENT ( EULA )

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,

More information

Partners in Care Welch Allyn Connex Software Development Kit License Agreement

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

More information

PLEASE CAREFULLY READ AND REVIEW THIS AGREEMENT BEFORE YOU USE MONTIER SOFTWARE. MonTier End User License Agreement (the Agreement )

PLEASE CAREFULLY READ AND REVIEW THIS AGREEMENT BEFORE YOU USE MONTIER SOFTWARE. MonTier End User License Agreement (the Agreement ) PLEASE CAREFULLY READ AND REVIEW THIS AGREEMENT BEFORE YOU USE MONTIER SOFTWARE MonTier End User License Agreement (the Agreement ) This Agreement is a legal agreement between MonTier Software (2015) Ltd.

More information

ORACLE MASTER PARTNER AGREEMENT TERMS AND CONDITIONS FOR ELOQUA

ORACLE MASTER PARTNER AGREEMENT TERMS AND CONDITIONS FOR ELOQUA ORACLE MASTER PARTNER AGREEMENT TERMS AND CONDITIONS FOR ELOQUA THESE MASTER PARTNER TERMS AND CONDITIONS FOR ORACLE S ELOQUA CLOUD SERVICES ARE INCORPORATED BY REFERENCE INTO THE PARTNER ORDERING DOCUMENT

More information

Amazon Trust Services Certificate Subscriber Agreement

Amazon Trust Services Certificate Subscriber Agreement Amazon Trust Services Certificate Subscriber Agreement This Certificate Subscriber Agreement (this Agreement ) is an agreement between Amazon Trust Services, LLC ( ATS, we, us, or our ) and the entity

More information

DISTRIBUTOR AGREEMENT

DISTRIBUTOR AGREEMENT DISTRIBUTOR AGREEMENT This Distributor Agreement (the "Agreement") is entered into as of, 20 ("Effective Date"), by Absoft Corporation ("Absoft"), 2781 Bond Street, Rochester Hills, Michigan 48309, U.S.A.,

More information

Sedona Technologies Hosting Agreement

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

More information

HSS Specific Terms HSS SOFTWARE LICENSE AGREEMENT

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

More information

TOTAL RESOURCE MANAGEMENT, INC. RULESMANAGER SE SOFTWARE LICENSE AGREEMENT

TOTAL RESOURCE MANAGEMENT, INC. RULESMANAGER SE SOFTWARE LICENSE AGREEMENT TOTAL RESOURCE MANAGEMENT, INC. RULESMANAGER SE SOFTWARE LICENSE AGREEMENT Between and Total Resource Management, Inc. 510 King Street, Suite 300 Alexandria, VA 22314-3132 Telephone: (703) 548-4285 Telephone:

More information

Teleflora Managed Services Agreement

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")

More information

Online Communication Suite Live Chat, Email-Ticket, Knowledge Base, Callback

Online Communication Suite Live Chat, Email-Ticket, Knowledge Base, Callback Online Communication Suite Live Chat, Email-Ticket, Knowledge Base, Callback End User License Agreement Services and Support The Services are provided subject to this Agreement, as it may be amended by

More information

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 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

More information

CCH INCORPORATED, A WOLTERSKLUWER COMPANY ACCESS AGREEMENT FOR THE

CCH INCORPORATED, A WOLTERSKLUWER COMPANY ACCESS AGREEMENT FOR THE CCH INCORPORATED, A WOLTERSKLUWER COMPANY ACCESS AGREEMENT FOR THE Accounting Research Manager INFORMATION DATABASE PROVIDED THROUGH Mayer Hoffman McCann P.C. ("AGREEMENT" OR "ACCESS AGREEMENT") IN THIS

More information

Page! 1 of! 6 Initials: [ ] 1CRM Software License Agreement Version 1.6. 1. The License

Page! 1 of! 6 Initials: [ ] 1CRM Software License Agreement Version 1.6. 1. The License 1CRM Software License Agreement Version 1.6 Page! 1 of! 6 BY INSTALLING OR USING THE 1CRM SOFTWARE (THE "SOFTWARE"), YOU ARE AGREEING ON BEHALF OF THE ENTITY LICENSING THE SOFTWARE ("COMPANY") THAT COMPANY

More information

XILINX, INC. CORE EVALUATION LICENSE AGREEMENT

XILINX, INC. CORE EVALUATION LICENSE AGREEMENT XILINX, INC. CORE EVALUATION LICENSE AGREEMENT CAREFULLY READ THIS CORE EVALUATION LICENSE AGREEMENT ( AGREEMENT ). BY CLICKING THE ACCEPT OR AGREE BUTTON, OR OTHERWISE ACCESSING, DOWNLOADING, INSTALLING

More information

PERSISTENT TELECOM SOLUTIONS INC. END USER LICENSE AND SERVICES AGREEMENT

PERSISTENT TELECOM SOLUTIONS INC. END USER LICENSE AND SERVICES AGREEMENT PERSISTENT TELECOM SOLUTIONS INC. END USER LICENSE AND SERVICES AGREEMENT THIS PERSISTENT TELECOM SOLUTIONS INC. END USER LICENSE AND SERVICES AGREEMENT (this Agreement ) is made by and between Persistent

More information

Trial Period License Agreement

Trial Period License Agreement Trial Period License Agreement The Process Server Central, LLC, d/b/a "My Court Calendar", Restricted License ( Agreement ) is dated on the registration date ( Effective Date ) between Process Server Central,

More information

TERMS AND CONDITIONS

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.

More information

FILEMAKER PRO ADVANCED SOFTWARE LICENSE

FILEMAKER PRO ADVANCED SOFTWARE LICENSE FILEMAKER PRO ADVANCED SOFTWARE LICENSE IMPORTANT -- READ CAREFULLY: BY INSTALLING, COPYING, DOWNLOADING, ACCESSING OR OTHERWISE USING THE SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS LICENSE.

More information

We suggest you retain a copy of these End User Terms of Use for your records.

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

More information

WEBSITE DEVELOPMENT STANDARD TERMS AND CONDITIONS

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

More information

EXHIBIT A SOFTWARE LICENSE TERMS AND CONDITIONS

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

More information

Evoqua Water Technologies LLC. ( Evoqua )

Evoqua Water Technologies LLC. ( Evoqua ) Evoqua Water Technologies LLC. ( Evoqua ) Remote Monitoring Services Terms and Conditions of Use These terms and conditions govern the use of Evoqua Link2Site sm Remote Monitoring Services whether the

More information

XILINX, INC. CORE LICENSE AGREEMENT

XILINX, INC. CORE LICENSE AGREEMENT Licensee: [auto-filled field] Licensee address: [auto-filled field] Licensee s authorized representative: [auto-filled field] Effective Date: [auto-filled field] Authorized Site: [auto-filled field] XILINX,

More information

Automatic Recurring Payment Application

Automatic Recurring Payment Application Automatic Recurring Payment Application Schedule your payment to be automatically charged to your credit card. Just complete and sign this form to get started! Here s How Recurring Payments Work: You authorize

More information

END USER LICENSE AGREEMENT FOR SLICKEDIT(R) CORE SOFTWARE IMPORTANT

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

More information

INTROHIVE, INC. TERMS OF USE

INTROHIVE, INC. TERMS OF USE INTROHIVE, INC. TERMS OF USE These Terms of Use, together with the IntroHive order form referencing these Terms of Use (such form, the Order Form, and the Order Form and these Terms of Use together, the

More information

Canadian Pharmaceutical Distribution Network Certificate Authority Services Agreement. In this document:

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

More information

ST. JUDE MEDICAL, INC. AND AFFILIATES CARDIOLOGY SYSTEM SOFTWARE APPLICATION END USER LICENSE AGREEMENT

ST. JUDE MEDICAL, INC. AND AFFILIATES CARDIOLOGY SYSTEM SOFTWARE APPLICATION END USER LICENSE AGREEMENT ST. JUDE MEDICAL, INC. AND AFFILIATES CARDIOLOGY SYSTEM SOFTWARE APPLICATION END USER LICENSE AGREEMENT THIS EULA IS A LEGALLY ENFORCEABLE AGREEMENT BETWEEN THE PERSON, COMPANY, OR ORGANIZATION THAT HAS

More information

ZIMPERIUM, INC. END USER LICENSE TERMS

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

More information

AGENT AGREEMENT. I. Agent s Obligations

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

More information

STANDING CLOUD, INC. ( SC ) TERMS OF SERVICE

STANDING CLOUD, INC. ( SC ) TERMS OF SERVICE STANDING CLOUD, INC. ( SC ) TERMS OF SERVICE These Terms of Service ( Terms ) govern your use of Standing Cloud s online deployment platform for application software (the Services ). By using the Services,

More information