Last updated on May 14 2019 at 01:06AM UTC
(for all authorized users of the Saas Platform)
3. Permitted Use:
(a) The Authorized User is hereby granted a limited, non-transferable, non-exclusive right to access the SaaS Platform solely for Authorized User’s own internal use solely to perform those functions as described in the documentation that is available with the SaaS Platform.
(b) The Authorized User agrees and acknowledges that the Licensor shall have the ability to monitor and track, the utilization of the “Seat” license. The Authorized User agrees and acknowledges that Licensor shall have the right to suspend and/or terminate the access of the Authorized User to the SaaS Platform, if it reasonably determines that the Authorized User is in breach of any of the terms hereof, including by subverting the number or manner of use of the “Seat” license or transferring the “Seat” license to a separate individual.
(c) The Authorized User agrees and acknowledges that the Licensor is not responsible for any failure of the telecommunications network or other communications links utilized to gain access to and use the SaaS Platform by the Authorized User. The Licensor is in no manner responsible to the Authorized User for any damages, expenses or loss suffered by it due to the failure of the telecommunications network or other communications links utilized to gain access to and use the SaaS Platform. The Authorized User has independently evaluated the SaaS Platform and its suitability for Authorized User’s needs.
(d) The Authorized User shall not commit any Abuse of the SaaS Platform. The term “Abuse” as used in this Section 3(d) means the Authorized User’s access and use of the SaaS Platform in a manner that (i) permits use of the SaaS Platform by 3rd party entities in a manner that subverts their need to purchase an independent license; (ii) allows the Seat license to be used by an individual other than the Authorized User; (iii) initiates or attempts to introduce any virus or malicious code in to the SaaS Platform, (iv) tampers or attempts to tamper with security features of the SaaS Platform or any component thereof.
(a) Definition. “Confidential Information” includes all technical, product, business, financial, and other information regarding the business and software programs of Licensor, its customers, employees, investors, contractors, vendors and suppliers, including but not limited to programming techniques and methods, research and development, computer programs, documentation, marketing plans, customer identity, and business methods. Without limiting the generality of the foregoing, Confidential Information shall include all information and materials disclosed orally or in any other form, regarding software products or software product development, including, but not limited to, the teaching techniques, data organization, data classification techniques, user interface, applications programming interfaces, data modeling and management techniques, data structures, and other information of or relating to a Licensor’s software products or derived from testing or other use thereof. Confidential Information includes information generally not publicly known, whether tangible or intangible and in whatever form or medium provided, as well as any information generated by a party that contains, reflects, or is derived from such information.
(b) Confidentiality of SaaS Platform. This SaaS Platform is not made to the general public. The SaaS Platform is confidential and he is deemed Licensor Confidential Information with or without marking or further written confirmation: (i) the SaaS Platform and other related materials furnished by Licensor; (ii) the oral and visual information relating to the SaaS Platform and provided in Licensor’s training classes and related materials; and (iii) Licensor’s teaching methods.
(d) Non-Disclosure. The Authorized User agrees at all times to use all reasonable efforts but in any case no less than the efforts that the Authorized User uses in the protection of its own Confidential Information of like value to protect Confidential Information belonging to the Authorized User. Notwithstanding anything contained hereunder and subject to the confidentiality obligations set forth under this Section 4, all references to the Licensor or its employees under this Section 4 shall be deemed to include such employees of Affiliates and subcontractors.
(e) Injunctive Relief. Each Party acknowledges that any unauthorized disclosure or use of the Confidential Information would cause the other party imminent irreparable injury and that such Party shall be entitled to, in addition to any other remedies available at law or in equity, temporary, preliminary, and permanent injunctive relief in the event the other Party does not fulfill its obligations under this Section 4. There will be no obligation for Licensor to post a bond in order to obtain any such injunctive relief.
(f) Return of Confidential Information. Authorized User shall, within thirty (30) days of the expiry of the Authorized User Order, return to the Licensor or destroy all copies of Confidential Information and shall certify in writing (signed by an authorized signatory) the delivery or destruction of all such Confidential Information and copies thereof.
5. Limited Warranties
(c) Except as otherwise specified in this Section 5, NO OTHER WARRANTY OR CONDITION, EXPRESSED OR IMPLIED, INCLUDING WARRANTIES OR CONDITIONS RELATED TO FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY, IS GRANTED TO LICENSOR OR AUTHORIZED USER, AND ALL SUCH WARRANTIES AND CONDITIONS ARE EXPRESSLY EXCLUDED.
(d) Third-Party Software may carry a limited warranty from the third-party publisher or manufacturer of such Third-Party Software. Licensor is not responsible for the fulfillment of any Third-Party Software warranty or problems attributable to Third-Party Software. ALL THIRD-PARTY SOFTWARE IS PROVIDED BY LICENSOR ON AN “AS IS” BASIS. “Third-party Software" means such software codes, programs or platforms that are incorporated in to or work in conjunction with the SaaS Platform that is not proprietary to or is licensed by the Licensor.
6. Limitation of Liability
(c) Exclusions. THE LIMITATIONS IN SECTIONS 6(a) AND 6(b) APPLY EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE. THE LIMITATIONS SHALL NOT APPLY TO AUTHORIZED USER’S VIOLATION OF LICENSOR’S INTELLECTUAL PROPERTY RIGHTS, AUTHORIZED USER’S BREACH OF ITS CONFIDENTIALITY OBLIGATIONS PURSUANT TO SECTION 4.
7. Compliance with Laws
a. General. Authorized User will comply with all applicable international, national, state, regional and local laws and regulations including, without limitation, the United States Foreign Corrupt Practices Act, in performing its duties hereunder and in any of its dealings with respect to the SaaS Platform.
b. Export Compliance, Licenses. Access to the SaaS Platform may not be licensed:
i. into, or to a national resident of Iraq, Iran, North Korea, Libya, Sudan, Syria, Taliban, and areas of Afghanistan controlled by the Taliban, or any country to which the U.S. has embargoed goods, or
ii. to individuals, groups, and entities on the U.S. Treasury Department’s list of Specially Designated Nationals; or individuals and entities on the U.S. Commerce Department’s Table of Denial Orders.
8. Dispute Resolution
(c) Arbitration. To the extent that, any such dispute, controversy or claim has not been settled pursuant to the mediation within sixty (60) days of the commencement of the mediation, it shall, upon the filing of a request for arbitration by either Party, be referred to and finally determined by arbitration in accordance with the then-current WIPO Arbitration Rules. Alternatively, if, before the expiration of the said period of sixty (60) days, either Party fails to participate or to continue to participate in the mediation, the dispute, controversy or claim shall, upon the filing of a request for arbitration by the other party, be referred to and finally determined by arbitration in accordance with the WIPO Arbitration Rules. The language to be used in the arbitral proceedings shall be English. This Section 8(c) shall not be construed to limit either Party’s right to provisional or ancillary remedies from a court of competent jurisdiction before, after, or during the pendency of any arbitration, and the exercise of any such remedy does not waive either Party’s right to arbitration. The Parties agree that arbitration will be conducted in accordance with the procedural law of the United States Federal Arbitration Act.
9.7 Headings. Headings are for reference purposes only, have no substantive effect, and shall not enter into the interpretation hereof.
1. Our Collection of your Personal Information
The information we collect may include your personal information, such as your name, contact information, IP addresses, product and service selections and other things that identify you. We collect personal information from you at several different points, including but not limited to the following:
〈 when we correspond with you as a customer or prospective customer;
〈 when you visit our website;
〈 when you register as an end-user of our services and an account is created for you;
〈 when you contact us for help;
〈 when you attend our customer conferences or webinars; and
〈 when the site sends us error reports or application analytics data.
2. Our Use of your Personal Information
Our Company may use information that we collect about you to:
〈 deliver the products and services that you have requested;
〈 manage your customer relationship and provide you with customer support;
〈 perform research and analysis about your use of, or interest in, our products, services, or content, or products, services or content offered by others;
〈 analyze your (and our other customer’s) usage pattern of our products and services. at a non-personal and aggregated level to determine the effectiveness and utility of our products and services;
〈 verify your eligibility and deliver prizes in connection with promotions, contests, and sweepstakes; market, advertise and publicize our products and services;
〈 enforce our terms and conditions;
〈 manage and improve our business;
〈 perform functions as otherwise described to you at the time of collection.
3. Our Disclosure of your Personal Information to Third Parties
We may share your personal information with third parties only in the ways that are described in this Privacy Statement:
〈 we may provide your information to our agents, vendors or service providers who perform functions on our behalf;
〈 third party contractors may have access to our databases. Usually, these contractors sign a standard confidentiality agreement;
〈 we may share your data with any parent company, subsidiaries, joint ventures, other entities under common control or third party acquirers. We expect these other entities will honor this Privacy Statement;
〈 we may allow a potential acquirer or merger partner to review our databases, although we would restrict their use and disclosure of this data during the diligence phase;
〈 as required by law enforcement, government officials, or other third parties pursuant to a subpoena, court order, or other legal process or requirement applicable to our Company; or when we believe, in our sole discretion, that the disclosure of personal information is necessary to prevent physical harm or financial loss, to report suspected illegal activity or to investigate violations of our agreements or Company policies; and
〈 other third parties with your consent or direction to do so.
Please note that these third parties may be in other countries where the laws on processing personal information may be less stringent than in your country.
4. Our Security Measures to Protect your Personal Information
Our Company uses industry-standard technologies when transferring and receiving data exchanged between our Company and other companies to help ensure its security. This site has security measures in place to help protect information under our control from the risk of accidental or unlawful destruction or accidental loss, alteration or unauthorized disclosure or access. However, “perfect security” does not exist on the Internet. Also, if this website contains links to other sites, our Company is not responsible for the security practices or the content of such sites.
〈 Web Beacons. Our Company and third parties may also use small pieces of code called “web beacons” or “clear gifs” to collect anonymous and aggregate advertising metrics, such as counting page views, promotion views, or advertising responses. These “web beacons” may be used to deliver cookies that conform to our Company’s cookie requirements.
〈 We may create links to other web sites. We will make a reasonable effort to link only to sites that meet similar standards for maintaining each individual’s right to privacy. However, many other sites that are not associated with or authorized by our Company may have links leading to our site. Our Company cannot control these links and we are not responsible for any content appearing on these sites. Since this website does not control the privacy policies of third parties, you are subject to the privacy practices of that third party. We encourage you to ask questions before you disclose any personal information to others.
6. Our Retention of your Personal Information
We will retain any personal information only for as long as is necessary to fulfill the business purpose it was collected. We will also retain and use your personal information for as long as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
7. International Transfers of your Personal Information
Information collected from you may be stored and processed in the United States or any other country in which our Company or agents or contractors maintain facilities, and by accessing our sites and using our services, you consent to any such transfer of information outside of your country.
8. Your Access to and Updating of your Personal Information
Reasonable access to your personal information may be provided at no cost upon request made to our Company at the contact information provided below. If access cannot be provided within that time frame, our Company will provide the requesting party a date when the information will be provided. If for some reason access is denied, we will provide an explanation as to why access has been denied.
9. Children’s Privacy
Because of the nature of our business, our services are not designed to appeal to minors. We do not knowingly attempt to solicit or receive any information from anyone under the age of 13. If you are a parent or guardian and you are aware that your child has provided us with personal information, please contact us immediately.
10. Your California Privacy Rights
Our Company does not currently respond to browser “Do Not Track” (DNT) signals or other mechanisms. Third parties may collect personal information about your online activities over time and across sites when you visit the Site or use the Service.
If you are a California resident, California Civil Code Section 1798.83 permits you to request certain information regarding our disclosure of personal information to third parties for the third parties’ direct marketing purposes. To make such a request, please contact us by sending an e-mail to firstname.lastname@example.org.
Our site, products, and services are not intended to appeal to minors. However, if you are a California resident under the age of 18, and a registered user of our Site or Service, California Business and Professions Code Section 22581 permits you to request and obtain removal of content or information you have publicly posted. To make such a request, please send an e-mail with a detailed description of the specific content or information to email@example.com. Please be aware that such a request does not ensure complete or comprehensive removal of the content or information you have posted and that there may be circumstances in which the law does not require or allow removal even if requested.
Under California law, California residents who have an established business relationship with us may opt-out of our disclosing personal information about them to third parties for their marketing purposes.
11. Changes to our Privacy Statement
Our Company may amend this Privacy Statement at any time by posting a new version. It is your responsibility to review this Privacy Statement periodically as your continued use of this website represents your agreement with the then-current Privacy Statement.
12. Contacting Us
If you have any questions about this Privacy Statement, the practices or concerns of this site, please contact our Privacy Officer at firstname.lastname@example.org