NetSyncX License Agreement
This License Agreement is between you and Celigo, Inc (referred to herein as “Celigo”) and governs your use of the NetSyncX software, related software components, and documentation (all of which are referred to herein as the “Software”).
BY DOWNLOADING, INSTALLING OR USING THE SOFTWARE, YOU AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, DO NOT DOWNLOAD, INSTALL OR USE THE SOFTWARE.
Evaluation License. The Software is licensed to you solely for evaluation purposes. You may install the Software on a single computer for your use to evaluate the Software. You may make one (1) copy of the Software in machine readable form solely for back-up purposes, provided you reproduce the Software in its original form and with all proprietary notices on the back-up copy.
Purchased License. The Software is licensed to you, specific to your NetSuite E-mail Address (as used to login to NetSuite). The License is a one-year License that starts on the purchase date of the Software, and expires one year after the purchase date. You may install the Software on multiple computers for your use to synchronize data with NetSuite. You may make one (1) copy of the Software in machine readable form solely for back-up purposes, provided you reproduce the Software in its original form and with all proprietary notices on the back-up copy.
Dependence on Third-Parties. Since the Software integrates with the Mac OS X Operating System and NetSuite, it is subject to updates made by Apple and NetSuite. These changes may result in loss of functionality, loss of data, or other services disruptions. Celigo cannot be held responsible or liable in such circumstances.
Support. Celigo provides support for the Software via Email and via its website. Telephone support is not included, but may be purchased as an optional extra.
Restrictions on Use. You may not:
Create derivative works based on the Software;
Reproduce the Software except as described in this Agreement;
Sell, assign, license, disclose, or otherwise transfer or make available the Software or any copies of the Software in any form to any third parties;
Alter, translate, decompile, or attempt to reverse engineer the Software, subject to applicable law which permits suchactivity notwithstanding this contractual prohibition;
Remove or alter any proprietary notices or marks on the Software.
NO WARRANTIES OF ANY KIND: THE SOFTWARE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CELIGO DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR OPERATE IN AN ENVIRONMENT CREATED BY YOU OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT THE SOFTWARE ERRORS WILL BE CORRECTED. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE IS WITH YOU.
Indemnification. You agree to indemnify and hold Celigo, parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Software, or the infringement by you, of any intellectual property or other right of any person or entity.
LIMITATION OF LIABILITY: NEITHER THE CELIGO NOR ANY OF ITS LICENSORS SHALL BE LIABLE FOR ANY DAMAGES CAUSED BY THE SOFTWARE INCLUDING BUT NOT LIMITED TO INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, LOSS OF SAVINGS, REVENUE, DATA, INCURRED BY CUSTOMER OR ANY THIRD PARTY, EVEN IF CELIGO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TERMINATION: This License is effective until terminated. You may terminate this Agreement at any time by uninstalling the Software and deleting all its files. This License will terminate immediately without notice from Celigo if you fail to comply with any provision of this License. Upon termination or expiration of this License you must uninstall the Software and delete all its files.
Modification. Celigo may modify the Software and this Agreement with notice to you either in email or by publishing content on the Celigo website, In the event Celigo modifies the Software or the Agreement, you may terminate this Agreement and cease using of the Software. Celigo may terminate the Agreement or the Celigo Service at any time, with or without notice.
General. The Agreement constitutes the entire agreement between you and Celigo and governs your use of the Software, superceding any prior agreements between you and Celigo. If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, such provision will be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of this Agreement will remain in full force and effect. You may not assign this Agreement, and any assignment of this Agreement by you will be null and void.
Contact Information: If you have any questions about this Agreement, or have any questions about licensing that aren’t answered on our website, please contact us at info@celigo.com. |
