INTRODUCTION
Welcome to the Force.com AppExchange (“AppExchange”), an online directory of Web-based, on-demand applications and downloadable software applications that interoperate with the Force.com platform. Among other things, the AppExchange allows Users to test drive, review and install, those applications.
By visiting the AppExchange website, you agree that your visiting and use of the AppExchange website is governed by the legally binding terms and conditions below (the "Agreement"). If you are entering into this Agreement on behalf of a company or other organization, you represent that you have the authority to bind that company or organization to this Agreement, and the terms “you” and “your” will refer to that company or organization. If you do not have that authority, or if you do not agree with these terms and conditions, you may not use and you must leave the AppExchange.
This Agreement was last updated on April 17, 2009.
ACCESS TO YOUR DATA BY APPEXCHANGE APPLICATION PROVIDERS
If you test drive or install AppExchange applications that are not official salesforce.com products described on http://www.salesforce.com, those applications may transmit your data outside of salesforce.com’s systems during normal use, and the providers of those applications may be able to obtain access to your data in salesforce.com’s systems through the Force.com application programming interface (API). That may result in the disclosure, modification or deletion of your data by those providers or their applications. Further, the AppExchange application provider and its agents and partners may collect and use, data pertaining to your configuration and use of the application. Salesforce.com is not responsible for any transmission, collection, disclosure, modification, use or deletion of your data, as described in this paragraph, by or through third-party AppExchange applications or their providers.
INSTALLATION AND USE OF APPLICATIONS
Your use of AppExchange applications will be governed by terms you must click-accept during the test drive or installation process. Please read those terms carefully before accepting them. If the AppExchange application is provided by us, you may contact us with any questions about those terms. If the AppExchange application is provided by another company, then you should contact that company directly with any questions about those terms.
REVIEWS
The AppExchange allows you to post reviews of applications you have used, and to post comments on such reviews. Such reviews and comments will be posted under your name as submitted to salesforce.com. If you do not want your name to appear with any reviews or comments, do not post any reviews or comments on the AppExchange. To be useful to other users, those reviews and comments you post must be made in good faith after reasonable evaluation of the full application. Therefore:
• You may post only one review per application, unless the later review reflects a good-faith rating change based on further evaluation.
• If you post a review of, or comment on, your own application, you must disclose your affiliation.
• If you post a review of, or comment on, a competitor's application, you must disclose your affiliation.
We reserve the right, in our sole discretion and for any reason at any time, to remove or edit any review or comment on the AppExchange.
Content unrelated to a review or comment of the relevant application – for example, discussing our employees, business or stock, or those of other companies, or unrelated products or services – is prohibited. In addition, reviews and comments may not contain content that:
• is inconsistent with the permissible uses contemplated by this Agreement;
• is harmful, threatening, abusive, insulting, harassing, defamatory, libelous, profane, sexually explicit, obscene, or otherwise offensive or objectionable;
• is false, fraudulent or misleading;
• violates applicable law, including any privacy, intellectual property or other rights of a third party, or suggests or encourages unlawful activity;
• constitutes advertising or any other form of commercial solicitation; or
• impersonates any other person or entity, including any of our employees.
Posting of hypertext links to third-party sites is discouraged, unless they are relevant to the review (for example, a link to a publication containing a review of the relevant application).
We do not claim ownership of the content of reviews or comments you post on the AppExchange. However, you hereby grant us a nonexclusive, worldwide, irrevocable, perpetual, transferable (only to a successor of salesforce.com by way of merger, acquisition or corporate reorganization), fully paid-up, royalty-free to use, distribute, reproduce, modify, excerpt, attribute, adapt, publicly perform and publicly display that content (in whole or in part) and to incorporate it into other works in any format or medium now known or later developed, and to permit others to do so.
TRADEMARKS
Salesforce, the "No Software" logo, Force.com, AppExchange, Apex and other marks of salesforce.com used on the AppExchange site are trademarks or service marks of salesforce.com, inc. and may not be used in any manner without our express prior written consent.
ENFORCEMENT
We may, ourselves or through our agents, investigate any violation of this Agreement and take appropriate remedial action. We may enforce the terms of this Agreement by any legal means, including, but not limited to, warning you of violations; disabling or suspending privileges and/or access; deleting, screening or editing any content; or prohibiting any behavior that does not comply with this Agreement, or which is otherwise inappropriate, harmful, objectionable or inaccurate. We may release information concerning your use of the AppExchange (including registration information, and network records and published content) when we believe release is appropriate to comply with the law (e.g., pursuant to a subpoena, warrant or court order); to enforce or apply this Agreement; to protect our rights or property; to protect against fraudulent, abusive or unlawful use of the AppExchange; or if we reasonably believe that a situation involving imminent danger of death or serious bodily injury to any person requires disclosure. Deliberate attempts by you or someone on your behalf to evade or circumvent the suspension or termination of your rights to use the AppExchange violate this Agreement, constitute an unlawful trespass to our equipment and systems, and may result in legal action.
To report violations of this Agreement, please email legal@salesforce.com with appropriate details, including your contact information.
DISCLAIMER
Most of the applications and content on the AppExchange are submitted by parties other than us. That third-party content is the sole responsibility of the originator of that content. We are not responsible for any third-party content, whether or not we reviewed or moderated such content. You agree that you bear all risks associated with using or relying on applications and content on the AppExchange. We do not in any way warrant the accuracy, reliability, completeness, usefulness, non-infringement, or quality of any applications or content on the AppExchange, regardless of who originated that content (including our employees, partners, affiliates or moderators), and even if an application is designated as “certified.” We hereby disclaim all warranties, including but not limited to any implied warranties of merchantability or fitness for a particular purpose, relating to such applications or content. We shall not be liable or responsible in any way for any losses or damage of any kind, including lost profits or other indirect or consequential damages, relating to your use of or reliance upon any applications or content on the AppExchange.
INDEMNITY
You agree to indemnify and hold us and our subsidiaries, affiliates, officers, agents, and employees harmless from any claims by third parties, and any related damages, losses or costs (including reasonable attorney fees and costs), arising out of content you submit to or publish on the AppExchange, your use of the AppExchange, your violation of this Agreement, or your violation of any rights of a third party.
WHO YOU ARE CONTRACTING WITH, AND GOVERNING LAW
Who you are contracting with, what law will apply in any lawsuit under this Agreement, and which courts can adjudicate any such lawsuit, depend on where you are domiciled.
You agree to the applicable governing law above without regard to choice or conflicts of law rules, and to the exclusive jurisdiction of the applicable courts above.
GENERAL
Nothing on any purchase order or preprinted form shall add to or vary the terms of this Agreement. If any provision of this Agreement is held by a court to be invalid or unenforceable, then that provision shall be construed, as nearly as possible, to reflect its intentions, with all other provisions remaining in full force and effect. Our failure to enforce any right or provision in this Agreement will not constitute a waiver of such right or provision unless agreed to by us in writing. This Agreement comprises the entire agreement between you and us and supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between you and us regarding the subject matter contained herein. There are no third-party beneficiaries to this Agreement. You may not assign your rights or obligations under this Agreement, whether by operation of law or otherwise, without our prior written consent.
CHANGES TO TERMS
We may change the terms of this Agreement from time to time. Any changes will take effect 30 days after they are posted. You should check periodically for changes to these terms.
QUESTIONS AND COMMENTS
If you have questions or comments about this Agreement or the AppExchange, please refer to www.appexchange.com or contact salesforce.com directly.
© 2009 salesforce.com, inc. All rights reserved.
Welcome to the Force.com AppExchange (“AppExchange”), an online directory of Web-based, on-demand applications and downloadable software applications that interoperate with the Force.com platform. Among other things, the AppExchange allows Users to test drive, review and install, those applications.
By visiting the AppExchange website, you agree that your visiting and use of the AppExchange website is governed by the legally binding terms and conditions below (the "Agreement"). If you are entering into this Agreement on behalf of a company or other organization, you represent that you have the authority to bind that company or organization to this Agreement, and the terms “you” and “your” will refer to that company or organization. If you do not have that authority, or if you do not agree with these terms and conditions, you may not use and you must leave the AppExchange.
This Agreement was last updated on April 17, 2009.
ACCESS TO YOUR DATA BY APPEXCHANGE APPLICATION PROVIDERS
If you test drive or install AppExchange applications that are not official salesforce.com products described on http://www.salesforce.com, those applications may transmit your data outside of salesforce.com’s systems during normal use, and the providers of those applications may be able to obtain access to your data in salesforce.com’s systems through the Force.com application programming interface (API). That may result in the disclosure, modification or deletion of your data by those providers or their applications. Further, the AppExchange application provider and its agents and partners may collect and use, data pertaining to your configuration and use of the application. Salesforce.com is not responsible for any transmission, collection, disclosure, modification, use or deletion of your data, as described in this paragraph, by or through third-party AppExchange applications or their providers.
INSTALLATION AND USE OF APPLICATIONS
Your use of AppExchange applications will be governed by terms you must click-accept during the test drive or installation process. Please read those terms carefully before accepting them. If the AppExchange application is provided by us, you may contact us with any questions about those terms. If the AppExchange application is provided by another company, then you should contact that company directly with any questions about those terms.
REVIEWS
The AppExchange allows you to post reviews of applications you have used, and to post comments on such reviews. Such reviews and comments will be posted under your name as submitted to salesforce.com. If you do not want your name to appear with any reviews or comments, do not post any reviews or comments on the AppExchange. To be useful to other users, those reviews and comments you post must be made in good faith after reasonable evaluation of the full application. Therefore:
• You may post only one review per application, unless the later review reflects a good-faith rating change based on further evaluation.
• If you post a review of, or comment on, your own application, you must disclose your affiliation.
• If you post a review of, or comment on, a competitor's application, you must disclose your affiliation.
We reserve the right, in our sole discretion and for any reason at any time, to remove or edit any review or comment on the AppExchange.
Content unrelated to a review or comment of the relevant application – for example, discussing our employees, business or stock, or those of other companies, or unrelated products or services – is prohibited. In addition, reviews and comments may not contain content that:
• is inconsistent with the permissible uses contemplated by this Agreement;
• is harmful, threatening, abusive, insulting, harassing, defamatory, libelous, profane, sexually explicit, obscene, or otherwise offensive or objectionable;
• is false, fraudulent or misleading;
• violates applicable law, including any privacy, intellectual property or other rights of a third party, or suggests or encourages unlawful activity;
• constitutes advertising or any other form of commercial solicitation; or
• impersonates any other person or entity, including any of our employees.
Posting of hypertext links to third-party sites is discouraged, unless they are relevant to the review (for example, a link to a publication containing a review of the relevant application).
We do not claim ownership of the content of reviews or comments you post on the AppExchange. However, you hereby grant us a nonexclusive, worldwide, irrevocable, perpetual, transferable (only to a successor of salesforce.com by way of merger, acquisition or corporate reorganization), fully paid-up, royalty-free to use, distribute, reproduce, modify, excerpt, attribute, adapt, publicly perform and publicly display that content (in whole or in part) and to incorporate it into other works in any format or medium now known or later developed, and to permit others to do so.
TRADEMARKS
Salesforce, the "No Software" logo, Force.com, AppExchange, Apex and other marks of salesforce.com used on the AppExchange site are trademarks or service marks of salesforce.com, inc. and may not be used in any manner without our express prior written consent.
ENFORCEMENT
We may, ourselves or through our agents, investigate any violation of this Agreement and take appropriate remedial action. We may enforce the terms of this Agreement by any legal means, including, but not limited to, warning you of violations; disabling or suspending privileges and/or access; deleting, screening or editing any content; or prohibiting any behavior that does not comply with this Agreement, or which is otherwise inappropriate, harmful, objectionable or inaccurate. We may release information concerning your use of the AppExchange (including registration information, and network records and published content) when we believe release is appropriate to comply with the law (e.g., pursuant to a subpoena, warrant or court order); to enforce or apply this Agreement; to protect our rights or property; to protect against fraudulent, abusive or unlawful use of the AppExchange; or if we reasonably believe that a situation involving imminent danger of death or serious bodily injury to any person requires disclosure. Deliberate attempts by you or someone on your behalf to evade or circumvent the suspension or termination of your rights to use the AppExchange violate this Agreement, constitute an unlawful trespass to our equipment and systems, and may result in legal action.
To report violations of this Agreement, please email legal@salesforce.com with appropriate details, including your contact information.
DISCLAIMER
Most of the applications and content on the AppExchange are submitted by parties other than us. That third-party content is the sole responsibility of the originator of that content. We are not responsible for any third-party content, whether or not we reviewed or moderated such content. You agree that you bear all risks associated with using or relying on applications and content on the AppExchange. We do not in any way warrant the accuracy, reliability, completeness, usefulness, non-infringement, or quality of any applications or content on the AppExchange, regardless of who originated that content (including our employees, partners, affiliates or moderators), and even if an application is designated as “certified.” We hereby disclaim all warranties, including but not limited to any implied warranties of merchantability or fitness for a particular purpose, relating to such applications or content. We shall not be liable or responsible in any way for any losses or damage of any kind, including lost profits or other indirect or consequential damages, relating to your use of or reliance upon any applications or content on the AppExchange.
INDEMNITY
You agree to indemnify and hold us and our subsidiaries, affiliates, officers, agents, and employees harmless from any claims by third parties, and any related damages, losses or costs (including reasonable attorney fees and costs), arising out of content you submit to or publish on the AppExchange, your use of the AppExchange, your violation of this Agreement, or your violation of any rights of a third party.
WHO YOU ARE CONTRACTING WITH, AND GOVERNING LAW
Who you are contracting with, what law will apply in any lawsuit under this Agreement, and which courts can adjudicate any such lawsuit, depend on where you are domiciled.
| If you are domiciled in: | You are contracting with: | The governing law is: | The courts having exclusive jurisdiction are: |
| A Country in North, South or Central America or the Caribbean | Salesforce.com, inc. | California and controlling United States federal law | San Francisco, California, U.S.A. |
| A Country in Europe, the Middle East or Africa | salesforce.com Sàrl | Switzerland | Switzerland |
| Japan | Salesforce.com Kabushiki Kaisha | Japan | Tokyo, Japan |
| A Country in Asia or the Pacific region, other than Japan | Salesforce.com Singapore Pte Ltd | Singapore | Singapore |
You agree to the applicable governing law above without regard to choice or conflicts of law rules, and to the exclusive jurisdiction of the applicable courts above.
GENERAL
Nothing on any purchase order or preprinted form shall add to or vary the terms of this Agreement. If any provision of this Agreement is held by a court to be invalid or unenforceable, then that provision shall be construed, as nearly as possible, to reflect its intentions, with all other provisions remaining in full force and effect. Our failure to enforce any right or provision in this Agreement will not constitute a waiver of such right or provision unless agreed to by us in writing. This Agreement comprises the entire agreement between you and us and supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between you and us regarding the subject matter contained herein. There are no third-party beneficiaries to this Agreement. You may not assign your rights or obligations under this Agreement, whether by operation of law or otherwise, without our prior written consent.
CHANGES TO TERMS
We may change the terms of this Agreement from time to time. Any changes will take effect 30 days after they are posted. You should check periodically for changes to these terms.
QUESTIONS AND COMMENTS
If you have questions or comments about this Agreement or the AppExchange, please refer to www.appexchange.com or contact salesforce.com directly.
© 2009 salesforce.com, inc. All rights reserved.