This Agreement was last modified on Jan 16, 2016.
Xceed SOFTWARE AS A SERVICE AGREEMENT V.1
THIS LICENSE AGREEMENT (“Agreement”) IS A LEGAL AGREEMENT BETWEEN YOU (EITHER AN INDIVIDUAL OR AN ENTITY, REFERRED TO HEREIN AS “you”) AND TUFFEN INC. ("TI”), AND GOVERNS YOUR USE OF THE SERVICES (AS DEFINED BELOW).
PLEASE READ THE TERMS AND CONDITIONS OF THIS AGREEMENT CAREFULLY, INCLUDING WITHOUT LIMITATION ANY LINKED TERMS AND CONDITIONS APPEARING OR REFERENCED BELOW, WHICH ARE HEREBY MADE PART OF THIS AGREEMENT. BY CHECKING “I ACCEPT” AND CLICKING THE “SUBMIT” BUTTON, AND/OR OTHERWISE USING THE SERVICES, YOU ARE AGREEING THAT YOU HAVE READ, AND THAT YOU AGREE TO COMPLY WITH AND TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT AND ALL APPLICABLE LAWS AND REGULATIONS IN THEIR ENTIRETY WITHOUT LIMITATION OR QUALIFICATION. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, THEN YOU MAY NOT ACCESS OR OTHERWISE USE ANY OF THE LICENSED MATERIALS. THIS AGREEMENT IS EFFECTIVE AS OF THE EARLIER OF THE DATE THAT YOU EXPRESSLY ACCEPT THIS AGREEMENT OR BEGIN USING THE SERVICES (“Effective Date”). IF YOU ARE AN INDIVIDUAL REPRESENTING AN ENTITY, YOU ACKNOWLEDGE THAT YOU HAVE THE APPROPRIATE AUTHORITY TO ACCEPT THIS AGREEMENT ON BEHALF OF SUCH ENTITY. THIS AGREEMENT IS SUBJECT TO CHANGE, WITH ANY CHANGES BEING POSTED AT https://www.xceed.io/en/terms_of_use. PLEASE REVISIT AND REVIEW THIS AGREEMENT REGULARLY, AS YOU WILL BE DEEMED TO HAVE ACCEPTED, AND WILL BE BOUND BY THE CHANGES TO THIS AGREEMENT, IF YOU CONTINUE TO USE THE SERVICES AFTER THE POSTING OF THE CHANGES.
A. Agreement Definitions. Software as a service consists of system administration, system management, and system monitoring activities that RBI performs for Software, and includes the Software, the right to use the Software and support services for such Software, as well as any other services provided by RBI (collectively, the “Services”). The term “Software” refers to the software products owned or distributed by RBI to which RBI grants you access as part of the Services, including program documentation, and any program updates provided as part of the Services. The term “users” shall mean those individuals authorized by you or on your behalf to use the Services. “Data” refers to the data provided by you that resides in the Services environment.
B. Rights Granted. Subject to the terms and conditions of this Agreement (as a condition to the grant below), RBI grants you a non-exclusive, non-transferable, non-sublicensable, fully-revocable license during the Term to access, evaluate and use the Services for your internal business operations. You acknowledge that RBI has no delivery obligation and will not ship copies of the Software to you as part of the Services or otherwise. You agree that you do not acquire under this Agreement any license to use the Software in excess of the scope and/or duration of the Services. Upon the end of this Agreement or the Services, your right to access or use the Software and the Services terminate.
1. You will not (and will not allow others to):
a. reverse engineer, decompile, disassemble or translate the Services, or otherwise attempt to derive source code, trade secrets or know-how in or underlying any Software or any portion thereof, remove or modify any program markings or any notice of RBI’s or its licensors’ proprietary rights;
b. interfere with, modify, disrupt or disable features or functionality of the Services, including without limitation any such mechanism used to restrict or control the functionality, or defeat, avoid, bypass, remove, deactivate or otherwise circumvent any software protection or monitoring mechanisms of the Services;
c. sell, rent, lease, sublicense, distribute, redistribute, syndicate, create derivative works of, assign or otherwise transfer or provide access to, in whole or in part, the Services or Software to any third party except as expressly permitted herein;
d. provide use of the Services on a service bureau, rental or managed services basis or permit other individuals or entities to create Internet "links" to the Services or "frame" or "mirror" the Services on any other server, or wireless or Internet-based device, or otherwise make available to a third party, any token, key, password or other login credentials to the Services;
D. Cancellation Policy.
Cancellation requires a 30 day notice. If account billing falls within the 30 day cancellation period the remaining fees owed will be billed and prorated charges assessed at the end of the time period.
If you have any questions about this Agreement, please contact us.