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Lead JunQue™ Software License
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PREAMBLE: This license is very much like open source, except there's no source code. That said, you need to read the whole license text below because by using the product, you're agreeing to be bound by its terms. If you don't like the terms below, you can't use our JunQue product. Contact us to find out about alternatives.
AGREEMENT: This EULA and Update Terms are an agreement between
SalesLogistix, Inc and your company (Customer). It is effective as of
the date you downloaded the ChangeControl product (the Software), and is
effective until terminated or you stop using the Software. The Software
and any accompanying documentation and updates are licensed, not sold,
to you by SalesLogistix for use under the terms of this EULA, and
SalesLogistix reserves all rights not expressly granted to you.
LICENSE: This License allows you to install and use as many copies
of Lead JunQue as you like, and we hereby grant you a perpetual,
non-exclusive, assumable, assignable, and non-transferable license for
the use of the Software and documentation, including any subsequent
error corrections you may receive from SalesLogistix.
PERMITTED USES: You may use this software for its intended purpose
in conjunction with the Salesforce.com service. You are free to modify
or
extend this Software, but you may not reverse engineer it. You may distribute this
software to others outside your firm, but you may not remove any product
identification, proprietary, copyright, or other notices contained in
the Software.
OWNERSHIP: This software is copyrighted. Title to Software and all
associated intellectual property rights are retained by SalesLogistix
and/or its licensors. Customer acknowledges that it is obtaining only a
limited license right to the Software and that no ownership rights are
being conveyed to Customer under this Agreement or otherwise. No right
or title to, or interest in, the trademarks, service marks, logos or
trade names of SalesLogistix is granted under this Agreement.
TERM AND TERMINATION: This License is effective until terminated.
Your rights under this License will terminate automatically without
notice from SalesLogistix if you fail to comply with any term(s) of this
License. Upon the termination of this License, you shall cease all use
of the Software and destroy all copies thereof.
WARRANTY DISCLAIMER: This software and documentation are provided
without charge on an AS-IS basis. There is no warranty or
guarantee of any kind, and we make no claims or representations
regarding infringement of any kind. NEITHER SALESLOGISTIX NOR ITS
SUPPLIERS MAKES ANY OTHER WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR
OTHERWISE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY,
TITLE, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT.
WAIVER OF LIABILITY AND DAMAGES: SALESLOGISTIX SHALL NOT BE HELD
LIABLE FOR ANY DIRECT OR INDIRECT DAMAGES, INCLUDING LOSS OF USE, LOST
DATA, FAILURE OF SECURITY MECHANISMS, INTERRUPTION OF BUSINESS, OR ANY
INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND
(INCLUDING LOST PROFITS), REGARDLESS OF THE FORM OF ACTION, WHETHER IN
CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE,
EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE.
GENERAL:
Severability. If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited to the minimum extent necessary so that this Agreement shall otherwise remain in effect.
Governing Law; Jurisdiction and Venue. This Agreement shall be
governed by the laws of the State of California and the United States
without regard to conflicts of laws, provisions thereof, and without
regard to the United Nations Convention on the International Sale of
Goods. The jurisdiction and venue for actions related to the subject
matter hereof shall be the California state and United States federal
courts located in San Francisco, California, and both parties hereby
submit to the personal jurisdiction of such courts.
Attorneys’ Fees and Costs. 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.
Entire Agreement. This Agreement and the documents referenced herein
are the complete and exclusive statement of the mutual understanding of
the parties, superseding and cancelling all previous written and oral
agreements and communications relating to the subject matter of this
Agreement. No supplement, modification, or amendment of this Agreement
shall be binding, unless executed in writing by a duly authorized
representative of each party to this Agreement. No waiver will be
implied from conduct or failure to enforce or exercise rights under this
Agreement, nor will any waiver be effective unless in writing signed by
a duly authorized representative on behalf of the party claimed to have
waived.
Force Majeure. Neither party shall be liable to the other for any delay or failure to perform any obligation under this Agreement (except for a failure to pay fees) if the delay or failure is due to events which are beyond the reasonable control of such party, including but not limited to any strike, blockade, war, act of terrorism, riot, natural disaster, failure or diminishment of power or of telecommunications or data networks or services, or refusal of approval or a license by a government agency.
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