1. License Grant and Use Restrictions for Users##Subject to the terms and conditions of this Agreement, Agiloft Inc. grants You a limited, non-exclusive, non-sublicensable, non-transferable license to use and to electronically access the proprietary software that is a part of the Hosted Service, only in conjunction with the Hosted Service and your Agiloft Project, and in accordance with this Agreement. If you are using this Hosted Services as part of a paid license, your use is also subject to the written agreement in place between Agiloft and the paid license holder (“Agreement”). In the event of any conflicts between the Agreement and these terms, the Agreement shall prevail.####You are prohibited from modifying, decompiling, disassembling or reverse engineering or otherwise attempting to determine the source code for the operation of the Hosted Service, or creating derivative works based on the Hosted Service or any part of the Hosted Service or Proprietary Information. For purposes of this Agreement, "reverse engineering" shall mean the examination or analysis of the Hosted Service or Proprietary Information to determine its source code, sequence, structure, organization, internal design, algorithms or encryption devices, and, "Proprietary Information" shall mean all data, material, text, photographs, music, video, software, sound, graphics, other Information or materials or portions thereof.##In no event shall Your use the Hosted Service or Proprietary Information for any competitive purpose related to the Hosted Service. ####2. Your Conduct##A. You are responsible for all activity relating to or arising from its Agiloft Project.####B. You agree not to: ## 1. Upload, store, post, e-mail or otherwise transmit, distribute, publish, or disseminate any Information that (or the transmission, distribution, publication, or dissemination of which):##(a) Is unlawful; harmful; threatening; abusive; harassing; tortious; defamatory; vulgar; obscene; or, libelous or promotes such activity;##(b) Infringes any proprietary rights of any party or otherwise violates the legal rights (such as rights of privacy and publicity) of others; ##(c) Violates any contractual or fiduciary relationships;##(d) Contains: software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or circumvent any "copy-protect" devices; or, any other harmful or disruptive program.#### 2. Provide misleading Company Information; create a false identity or manipulate identifiers to mislead others or to disguise the origin of any Information stored in the Project or transmitted through the Hosted Service; impersonate any person or entity; or, otherwise misrepresent any affiliation with a person or entity;#### 3. Attempt to gain unauthorized access to other Your Projects located on the Hosted Server, to other Your Account Information, or other computer systems, servers or networks connected to the Hosted Services or any portion thereof; or#### 4. Violate (intentionally or unintentionally) any applicable local, state, national or international law or regulation.#### 5. Use Agiloft's name, the Hosted Service, or any portion of either to (a) promote any business, product or service, through the sending of unsolicited e-mail, text, other communication; or, (b) send the same or substantially similar unsolicited communication, whether commercial or not, to a large number of recipients (collectively, "Spam"); or, (c) harass others by sending more than ten (10) similar messages to the same recipient or more than 10MB of data to a newsgroup ("Bombing"); or, (d) use an Agiloft server to generate any of the foregoing. ####3. Ownership of Data##You retain ownership of all its data on the hosted system. You may export its own data at any time to a local computer through the standard Agiloft export interface. ####4.Privacy##We do not use or sell in any manner the information you provide when creating an Agiloft Project for any purpose other than to maintain your trial project and to notify you of any webinars or other Agiloft communication by Agiloft Inc. and its authorized resellers in your region. You may ask us to delete your data or account at anytime by contacting us at legal@agilfot.com.####5. Right to Terminate the Service##The Service is provided without ongoing obligation or warranties by Agiloft Inc. Backup services for free trial projects are not available.##In order to continue with the free service, you are required to login to the free Agiloft Project at least once every 30 days. If You fail to actively use the Agiloft Project, Agiloft will, upon 7 days' notice, delete your Agiloft Project##In the case of any abuse of these Hosted Services, Agiloft may immediately remove any offending project and delete the Agiloft Project. Agiloft reserves the right to modify or discontinue this service at any time.####6. Limitation of Liability##WHILE THE HOSTED SERVICES ARE PROVIDED FREE OF CHARGE FOR EVALUATION, AGILOFT’S MAXIMUM AGGREGATE LIABILITY TO YOU SHALL NOT EXCEED US $100. IN JURISDICTIONS WHERE THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES IS NOT ALLOWED THE LIABILITY OF AGILOFT SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
