End User Licensing Agreement (EULA)
BY CLICKING THE “I AGREE” BUTTON DISPLAYED AS PART OF THE ORDERING PROCESS, YOU AGREE TO THE FOLLOWING TERMS AND CONDITIONS (THE “AGREEMENT”) GOVERNING YOUR USE OF LOGICMANAGER’S ONLINE SERVICE(COLLECTIVELY, THE “SERVICE”). IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY TO THESE TERMS AND CONDITIONS, IN WHICH CASE THE TERMS “YOU” OR “YOUR” SHALL REFER TO SUCH ENTITY. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MUST SELECT THE “I DECLINE” BUTTON AND MAY NOT USE THE SERVICE.
As part of the Service, LogicManager will provide you with use of the Service, including a browser interface and data encryption, transmission, access and storage. Your use of the Service shall be deemed to be your agreement to abide by this Agreement. For reference, a Definitions section is included at the end of this Agreement.
Privacy & Security; Disclosure
LogicManager Customers use the Service to host data and information (“Customer Data”). LogicManager will not review, share, distribute, or reference any such Customer Data except as provided in the LogicManager Master Subscription Agreement, or as may be required by law. Individual records of Customer Data may be viewed or accessed only for the purpose of resolving a problem, support issues, or suspected violation of the LogicManager Master Subscription Agreement, or as may be required by law. Customers are responsible for maintaining the security and confidentiality of their LogicManager usernames and passwords. Note that because the Service is a hosted, online application, LogicManager occasionally may need to notify all users of the Service (whether or not they have opted out) of important announcements regarding the operation of the Service. If you become a paying customer of the Service, both parties can disclose the fact that you are a customer.
LogicManager uses robust security measures to protect Customer Data from unauthorized access, maintain data accuracy, and help ensure the appropriate use of Customer Data. When the Service is accessed using Internet Explorer version 8.0 or later, Firefox version 2.0 or later, Google Chrome, or Safari version 3.0 or later, Secure Socket Layer (“SSL”) technology protects Customer Data using both server authentication and data encryption. These technologies help ensure that Customer Data is safe, secure, and only available to the Customer to whom the information belongs and those to whom the Customer has granted access. LogicManager also implements an advanced security method based on dynamic data and encoded session identifications, and the Company hosts its Web sites in a secure server environment that uses firewalls and other advanced technology to prevent interference or access from outside intruders. LogicManager also offers enhanced security features within the Service that permit Customers to configure security settings to the level they deem necessary.
License Grant & Restrictions
LogicManager hereby grants you a non-exclusive, non-transferable, worldwide right to use the Service, solely for your own internal business purposes, subject to the terms and conditions of this Agreement. All rights not expressly granted to you are reserved by LogicManager and its licensors.
You may not access the Service if you are a direct competitor of LogicManager, except with LogicManager’s prior written consent. In addition, you may not access the Service for purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purposes. You shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Service or the Content in any way; (ii) modify or make derivative works based upon the Service or the Content; (iii) create Internet “links” to the Service or “frame” or “mirror” any Content on any other server or wireless or Internet-based device; or (iv) reverse engineer or access the Service in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the Service, or (c) copy any ideas, features, functions or graphics of the Service. User licenses cannot be shared or used by more than one individual User but may be reassigned from time to time to new Users who are replacing former Users who have terminated employment or otherwise changed job status or function and no longer use the Service. Concurrent User Licenses are subject to LogicManager’s standard usage policy.
You may use the Service only for your internal business purposes and shall not: (i) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or violative of third party privacy rights; (ii) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (iii) interfere with or disrupt the integrity or performance of the Service or the data contained therein; or (iv) attempt to gain unauthorized access to the Service or its related systems or networks.
You are responsible for all activity occurring under your User accounts and shall abide by all applicable local, state, national and foreign laws, treaties and regulations in connection with your use of the Service, including those related to data privacy, international communications and the transmission of technical or personal data. You shall: (i) notify LogicManager immediately of any unauthorized use of any password or account or any other known or suspected breach of security; (ii) report to LogicManager immediately and use reasonable efforts to stop immediately any copying or distribution of Content that is known or suspected by you or your Users; and (iii) not impersonate another LogicManager user or provide false identity information to gain access to or use the Service.
Account Information and Data
LogicManager does not own any data, information or material that you submit to the Service in the course of using the Service (“Customer Data”). You, not LogicManager, shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all Customer Data, and LogicManager shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any Customer Data. In the event this Agreement is terminated (other than by reason of your breach), LogicManager will make available to you a file of the Customer Data within 30 days of termination if you so request at the time of termination. LogicManager reserves the right to withhold, remove and/or discard Customer Data without notice for any breach. Upon termination for cause, your right to access or use Customer Data immediately ceases, and LogicManager shall have no obligation to maintain or forward any Customer Data.
Intellectual Property Ownership
LogicManager alone (and its licensors, where applicable) shall own all right, title and interest, including all related Intellectual Property Rights, in and to the LogicManager Technology, the Content and the Service and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Service. This Agreement is not a sale and does not convey to you any rights of ownership in or related to the Service, the LogicManager Technology or the Intellectual Property Rights owned by LogicManager. The LogicManager name, the LogicManager logo, and the product names associated with the Service are trademarks of LogicManager or third parties, and no right or license is granted to use them.
The Service is offered in two editions:
– Professional Edition – full featured enterprise risk management solution
– Enterprise Edition – large volume usage that integrates enterprise security and user
Services include support, maintenance, hosting services, update and backup services. Support includes multichannel customer service for web, email, and phone support with unlimited case submissions. Upgrade from Professional to Enterprise Edition or additional concurrent user licenses can be purchased at any time at the then current list price.
Local Laws and Export Control
This site provides services and uses software and technology that may be subject to United States export controls administered by the U.S. Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control, and other U.S. agencies and the export control regulations of the European Union. The user of this site (“User”) acknowledges and agrees that the site shall not be used, and none of the underlying information, software, or technology may be transferred or otherwise exported or re-exported to countries as to which the United States and/or the European Union maintains an embargo (collectively, “Embargoed Countries”), or to or by a national or resident thereof, or any person or entity on the U.S. Department of Treasury’s List of Specially Designated Nationals or the U.S. Department of Commerce’s Table of Denial Orders (collectively, “Designated Nationals”). The lists of Embargoed Countries and Designated Nationals are subject to change without notice. By using the Service, you represent and warrant that you are not located in, under the control of, or a national or resident of an Embargoed Country or Designated National. You agree to comply strictly with all U.S. and European Union export laws and assume sole responsibility for obtaining licenses to export or re-export as may be required. This site may use encryption technology that is subject to licensing requirements under the U.S. Export Administration Regulations, 15 C.F.R. Parts 730-774 and Council Regulation (EC) No. 1334/2000.
LogicManager and its licensors make no representation that the Service is appropriate or available for use in other locations. If you use the Service from outside the United States of America and/or the European Union, you are solely responsible for compliance with all applicable laws, including without limitation export and import regulations of other countries. Any diversion of the Content contrary to United States or European Union (including European Union Member States) law is prohibited. None of the Content, nor any information acquired through the use of the Service, is or will be used for nuclear activities, chemical or biological weapons, or missile projects, unless specifically authorized by the United States government or appropriate European body for such purposes.
Questions or Additional Information:
If you have questions regarding this Agreement or wish to obtain additional information, please send an e-mail to firstname.lastname@example.org.
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