SharinPix##“MANAGED PACKAGE” LICENSE AGREEMENT####FOR SharinPix Enterprise Software####THIS MANAGED PACKAGE LICENSE AGREEMENT (the "Agreement") is made between ("Customer"), and SharinPix ("Company"). ## ##SharinPix own all right, title and interest, including all intellectual property rights, in and to the software product entitled ImagesManagementBySharinPix and any related documentation Company provides (“Documentation”) (collectively, the “Software”). The Software may require the access and the use of a hosted service which packages web-based access and the right-to-use the functionality of the Software (“Online Services”).####1. Acceptance of this Agreement ##1.1. By accepting this Agreement, either by clicking a box indicating your acceptance or by executing a written or electronic order form that references this Agreement (“Order”), or by executing this Agreement you agree to the terms of this Agreement.##1.2. 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 and its affiliates to this Agreement. If you do not have such authority, or if you do not agree with this Agreement, you must not use the Software and the Online Services. Any use of the Software and/or Online Services will constitute acceptance of the Agreement.####2. Grant of License. ##2.1. Subject to the terms, conditions and payment requirements of this Agreement, Company grants to Customer during the Term specified in Article 8, a personal, non-transferable, non-exclusive, non-sub-licensable limited license to (i) use the Company’s software named ImagesManagementBySharinPix, accessible via Customer download, via the AppExchange in object code form only, together with any Documentation, for Customer’s internal and lawful use only in accordance with the Documentation; and (ii) make copies of the Software solely for back-up or archival purposes; and (iii) allow its employees to use the Software in accordance with the terms of this Agreement for its benefit (“Authorized Users)”. This license is valid for the Term length, number of Authorized Users and additional terms as set forth in the Order. Except as expressly set forth in this Article 2 (“Grant of License”), no licenses of any kind are granted hereunder, implied or otherwise. ##2.2. Customer may ask for any new Authorized User by mail to Company. Such mail, when accepted by Company, shall constitue an amendment to the Order. Provided that Customer pays the additional Fees, the delay for enabling those new Authorized Users will not exceed 3 working days. ####3. Restrictions on License. ##Customer may not: (i) modify, reverse engineer, decompile, disassemble, or create derivative works of all or any portion of the Software; (ii) license, sublicense, sell, resell, distribute, or otherwise transfer rights to the Software; (iii) build a competitive product or build a product using similar ideas, features, functions or graphics, or copy any of the Software’s ideas, features, functions, or graphics; (iv) remove any proprietary markings, copyright, notices, logos, trademarks, trade names or labels on the Software, including the Documentation; (v) export the Software to any country that does not enforce copyright laws that will protect the copyright of Company and any third party software vendors whose licensed software may be incorporated into the Software; (vi) otherwise commercially exploit the Software in any way. If, notwithstanding the foregoing restrictions, Customer makes any modifications or derivative works to the Software, Customer hereby assigns to Company, royalty free, all rights, title, and interest in and to such modifications and/or derivative works. ####4. User Account ##In order to access some features of the Software, Customer may have to register or create an account. When creating an account, Customer must provide accurate and complete information. Customer is responsible for the activity that occurs on its account, and must notify Company immediately of any breach of security or unauthorized use of its account. ####5. Fees##5.1. The Fees payable for the Grant of License will be set forth in the Order (“Fees”). ##5.2. The Fees will be invoiced in accordance with the relevant Order and are due upon receipt of invoice.##5.3. The Company may revise the amount of the Fees to be paid by the Customer for each Renewal Term, subject to notifying the Customer of the new amount no later than 60 days prior to the beginning of the next Renewal Term. Such notification shall be made by electronic mail to the signatory of the Agreement or any other contact provided by the Customer as principal contact for notifications. The revised Fees will apply to the Renewal Term, without prejudice to the Customer's right to cancel the automatic renewal of the Agreement within the period provided in Article 8.2.####6. Customer support and upgrade##6.1. As part of the Fees, Company will provide commercially reasonable efforts to respond to support requests from the Authorized Users of the Software. Support will be provided in the English language and support request will be sent to a dedicated email address. ##6.2. Objectives set for initial response time are summarized in the table hereafter####Severity Level Support initial response time##Severity 1 Error 8 hours##Severity 2 Error 3 Business Days##Severity 3 Error 5 Business Days##Support Hours Hours during Business Days####Business Day hours: 8am-6pm CET##Severity 1 Error : Major functionality is severely impaired / No workaround is immediately available.##Severity 2 Error : Partial loss of functionality of the software / A temporary workaround is available.##Severity 3 Error : General usage questions / Cosmetic issues, including errors in the documentation.##6.3. Company shall offer, from time to time, new features of the Software as they are made generally available by Company to its customers. These new features may be error corrections or functionality enhancements to the Software, but shall not change its overall utility, functional capability, or application. When Company adds one or more functions with the objective to offer new features or functionalities to the Software, Company may decide if this upgrade is included in the Fees or if these are payable enhancements.####7. Customer Data##7.1. Customer may disclose, upload, input, enter or create their own information (such as data, text, graphic, photograph, audio and audio-visual files) to the Software and the Online Services (“Customer Data”). Company acknowledges that Customer owns all Customer Data.##7.2. During the Term of the Agreement and anytime thereafter, Company undertakes that it will not do any action in utilizing or taking advantage of the Customer Data. ##7.3. Customer is responsible for all content, accuracy, quality and legality of Customer Data and for complying with all legal requirements, including applicable privacy laws and regulations, relating to the collection, use, processing and transfer of Customer Data.##7.4. Customer warrents that Customer owns all right, title and interest in and to the Customer Data. If a third party asserts a claim against Company asserting that the Customer Data or Customer’s use of the Online Services in violation of this Agreement violates that third-party’s intellectual property rights, rights on its personal data or otherwise harms the third party (“Claim”), Customer will, at its own expense: (a) defend or settle this third party’s Claim; and (b) indemnify Company for any damages finally awarded against Company based on that Claim.##7.5. Company will use the Customer Data only as necessary to provide the Online Services in accordance with this Agreement. Customer is responsible for loading and/or transferring Customer Data into the Online Services through the use of Software functionnalities and for ensuring that such transfer is completed.##7.6. Customer may choose to implement some Software functionalities using internet publically accessible URL as described in the Documentation. These URLs use a tokenization technique so that it is not possible to deduce other URLs from an URL. It is the Customer’s responsibility to take organizational and informational measures for its Users if the Customer does not want these URLs to be communicated to third parties. Any action, claim or demand, regardless of the basis on which it is asserted and regardless of the person or entity from whom it is asserted, against the Company arising out of the use of an URL or the disclosure of Customer Data designated by the URL shall be deemed to be a "Claim" within the meaning of Article 7.3 and the provisions of that Section shall apply.####8. Term ##8.1. This Agreement is effective as of Customer’s acceptation as described in Article 1 and will remain in effect for the initial term specified in the Order (“Initial Term”). ##8.2. After the Initial Term, the Agreement shall automatically renew for the same term (“Renewal Term”), unless either party notifies the other at least 30 days prior to the commencement of the Renewal Term that it does not intend to renew. Such notification must be made by registered mail with return receipt requested or by any other mail delivery service against receipt. If the notification of non-renewal is made by electronic mail, the notified party will remain free to accept or not the non-renewal. ####9. Termination##9.1. Without limiting any rights of Company, this Agreement automatically terminates upon Customer violation of this Agreement. ##9.2. Upon termination or expiration of this Agreement, Customer shall cease using the Software and the Online Services, and uninstall, remove, and destroy all copies of the Software, including, without limitation, the Documentation.##9.3. Upon Customer’s request, the Company will provide unrestricted access to all data relative to the Customer usage of the Software stored on the Online Services including but not limited to all versions of images and/or files and sufficient metadata which would allow Customer to recreate the images/documents back into salesforce with minimal effort. Company will then have the obligation to deliver a solution for this extraction and will assume the support around this solution. The Customer will have the responsibility to run and validate the export process. This process could be asked at any time during the Term (maximum one time every year and at the notification of Agreement termination) and within no later than 30 days after the expiration of this Agreement. Company will provide the extraction solution within 30 days of the Customer’s request and will allow the Customer to choose the date of extraction in the following 30 days after this delivery.####10. Third party providers services - Availability##10.1. Some Software functionalities and the Online Services require the use of third party providers services. These third party providers services include: (i) content delivery networks (CDN), such as Heroku and Cloudinary; (ii) cloud hosting services, such as Amazon Web Services; and (iii) Salesforce. Company may decide to use other third party providers services at any time provided that it shall not materially affect the use of the Software and the Online Services.##10.2. Customer agrees and acknowledges that Company will not provide any additional warranties or guarantees (whether actual or implied) relating to third party providers services outside what has been provided by said third parties to Company under their services level agreements. Such services level agreements are made available to Customer upon Customer’s request.##10.3. Unless otherwise agreed in writing between the Parties, Company provides Online Services to Customer on an “as is” “as available” basis, without any warranties, express, implied, or statutory.##10.4. Customer is responsible for: (i) notifying Company in a timely manner of any Software related issues; (ii) making a qualified Customer representative available to address any such issues with Company; and (iii) cooperating with Company. ####11. Limited Warranty, Disclaimer and Limitation of Liability. ##11.1. Company warrants that the Software will perform substantially in accordance with Company's functional specifications published on the date of delivery to Customer, providing Customer uses the Software in accordance with this Agreement, the Documentation, and as otherwise directed by Company. ##11.2. Company makes no warranties that the Software is error-free, that its use will be uninterrupted, or that it does not infringe on any other party’s intellectual property, nor any other warranties express or implied other than those expressly set forth herein. ##11.3. Company's sole liability, and Customer's exclusive remedy for non conformity with the foregoing limited warranty, shall be, at Company's option, either (i) terminate this Agreement and issue a pro rata refund for any Fees paid in advance for licensing the Software, or (ii) repair or replacement of the affected Software. ##11.4. Customer must notify Company promptly in writing of any non-conformity. This limited warranty is void if failure of the Software has resulted from modification, accident, abuse, or misapplication. Company disclaims any warranty or representation to any person other than Customer with respect to the Software. Company makes no other warranties, whether express, implied, statutory or otherwise. All implied warranties as to the satisfactory quality, performance, merchantability, fitness for a particular purpose or noninfringement are expressly disclaimed to the maximum extent permitted by law.##11.5. The total aggregated maximum liability of the Company relating to or based on the Agreement is limited to the highest of these amounts: (i) the sum that Customer has paid to Company according to the Agreement in the past 6 months until the occurrence of the event causing the liability or (ii) 6 times the average monthly amount paid during the past 12 months until the occurrence of the event causing liability.####12. Indemnification by Customer ##12.1. Customer shall indemnify and hold Company, its subsidiaries, affiliates, officers, directors, employees, agents, licensors, licensees, and vendors harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' reasonable fees and costs) arising out of or in connection with: (i) Software misuse or a violation of any other provision of this Agreement; (ii) a claim arising from the breach by Customer of this Agreement; (iii) any injury or damage to the person, property, or business of Company, its employees, agents, contractors, invitees, licensees, visitors, and/or customer(s)/end-user(s); (iv) any action brought against Company, as a result of Customer’s unauthorized or improper use, export, or re-export of the Software; or (v) claims arising from any infringement arising from the combination of the Software with any of the Customer’s products, service, hardware, content or business processes.####13. Infringement Claims##13.1. Company shall have no indemnification obligation for claims arising from any infringement arising from the combination of the Software with any of the Customer’s products, service, hardware, or business processes.##13.2. Customer shall immediately provide Company with written notice of any actual or threatened third party infringement claim regarding the goods or services purchased hereunder. Failure to timely provide such notice shall relieve Company of any indemnity obligation hereunder. ##13.3. Company shall have sole control over the defense to such third party infringement claim, and Customer shall reasonably cooperate with Company in connection with such defense. In the event that the Software licensed hereunder is determined to be infringing, or in Company’s reasonable determination is likely to be found infringing by a court of competent jurisdiction, then Company shall (at its sole discretion) modify or replace the Software, in a non-infringing (but otherwise conforming) manner, or procure any required third-party license. If none of these alternatives are reasonably available, Company will terminate Customer's license to the Software and release Customer from its obligation to make future payments for the Software or issue a pro rata refund for any fees paid in advance.####14. Intellectual Property Rights. ####Each party shall retain all rights, title, and interest, in and to its patents, trademarks, service marks, copyrights, trade secrets, and any other intellectual property (“Intellectual Property”). Company expressly retains, without limitation, all rights, title, and interest to the Software and the Online Services and any improved, updated, modified or additional parts thereof. Any Intellectual Property produced, conceived, or otherwise developed by or for Company hereunder shall be the exclusive property of Company.####15. Reference####Customer grants Company the right to use its trade name and/or its trademarks and/or its distinctive signs as a commercial reference in its press releases, company brochures, web sites, commercial presentations, trade fairs and conferences.####16. Personal Data##16.1. Customer acknowledges that Company neither requires nor needs Customer to (i) send Company any personal data collected by Customer (“Personal Data”) or (ii) give Company access to any Personal Data. Customer remains responsible for either filtering, making anonymous, encrypting such Personal Data or for having proper procedures in place to prevent Personal Data from being sent to or accessed by Company.##16.2. Customer is responsible for complying with all legal requirements, including applicable privacy laws and regulations (such as Regulation 2016/679 of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC ( “General Data Protection Regulation” or “GDPR”); California Consumer Privacy Act (“CCPA”)), relating to the collection, use, processing and transfer of Personal Data. With regard to European Economic Area data protection laws (if applicable), Customer shall be considered the ‘data controller’, Company the ‘data processor’ and both parties shall fulfill their respective legal obligations.##16.3. Company shall process Customer Personal Data for the sole purpose of enabling Customer to use Software functionalities and no other purposes. The parties agree that this Agreement (including the provision of instructions via the Software functionalities) constitute Customer’s documented instructions regarding Company’s processing of Personal Data.##16.4. Company shall ensure that all personnel of Company granted access to personal data are under confidentiality obligations.##16.5. Company shall assist Customer for the fulfillment of Customer's obligation as the data controller to respond to requests for exercising data subjects' rights under the data protection regulation and Customer shall reimburse the Company for the costs arising from this assistance.##16.6. Upon Customer request, Company shall assist Customer in ensuring compliance with its legal obligations under GDPR, such as with Controller's data security, data protection impact assessment and prior consulting obligations and in implementing appropriate technical and organizational measures to protect the Personal Data against accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to Personal Data, and Customer shall reimburse the Company for the costs arising from this assistance.##16.7. Upon Customer’s written request at reasonable intervals, Company shall make available to Customer a copy of its most recent third-party audits or certifications related to the process of Personal Data, as applicable, provided that Customer agrees to enter into a non-disclosure agreement with Company.##16.8. Upon signing of this Agreement, the Customer gives its general consent for the Company to use sub-processors. Existing sub-processors are listed in Article 10. Company shall inform Customer of any intended changes to use the sub-processors listed in Article 10 concerning the addition or replacement of sub-processors, thereby giving the Customer the opportunity to object to such changes by notifying Processor promptly in writing. Customer's refusal of a new sub-processor may lead to a limitation of the functions of the Software without this being considered a breach of the Agreement by Company.##16.9. As provided for in Article 10, the use of third party providers services may require the transfer of Personal Data to said third party services providers outside the European Union. By signing the Agreement, the Customer gives Company mandate to conclude with said third party services providers ‘standard contractual clauses’ as set out in the Commission Decisions (EU) 2021/94 or 2010/87. As a consequence, Customer agrees to be bound by AWS GDPR Data Processing Addendum ; Salesforce Data Processing Addendum and Cloudinary Data Processing Addendum, any amendments made to these Addendums and any other agreements implementing ‘standard contractual clauses’ as provided for by the third party services providers.####17. Applicable Law and Jurisdiction####This Agreement shall be governed by the laws of France. The exclusive venue and jurisdiction for any and all disputes, claims and controversies arising from or relating to this Agreement shall be the courts of Paris, France######Annexe : ####* Minimal order and Renew####Minimal order is 10 Premium Licenses for a minimal amount of 480€.##At renew, the minimal order should apply in case of reduction of licenses engaged.##Any modification of the number of licenses should be notified at least 30 days before renew to be applied.####* Features and supported formats####Supported files format at date - may vary during time##Image file JPEG (Joint Photographic Experts Group) .jpg, .jpe, .jpeg ##Image File JPEG 2000 (JPEG 2000) .jpc, .jp2, .j2k ##Image File JPEG XR (JPEG eXtended Range) .wdp, .jxr, .hdp ##Image File PNG (Portable Network Graphics) .png ##Image File GIF (Graphics Interchange Format) .gif ##Image File animated GIF .gif ##Image File WebP .webp ##Image File animated WebP .webp ##Image File BMP (BitMaP image format) .bmp ##Image File TIFF (Tagged Image File Format) .tif, .tiff ##Image File ICO (ICOn image format) .ico ##Image File PDF (Portable Document Format) .pdf ##Image File EPS (Encapsulated PostScript) .ps, .ept, .eps, .eps3 ##Image File PSD (PhotoShop Document) .psd ##Image File SVG (Scalable Vector Graphics) .svg ##Image File AI (Adobe Illustrator) .ai ##Image File DjVu .djvu ##Image File FLIF (Free Lossless Image Format) .flif ##Image File TARGA (Truevision TGA) .tga ######UNLIMITED STORAGE for your images*####Feature Description : SharinPix Image App Specification Short Description######July 2017 v4.3######The goal of this document is to list all SharinPix features and associate a short description to each of those. To advanced description, please refer to the document dedicated to the feature specification.####The feature are divided in 4 main parts : ##- Integration / where SharinPix could be used and the integration features available##- Chatter specific features##- Object specific features##- Mobile App specific features####Integration####SharinPix is an image management tool which could be integrated in Salesforce in many different ways. It support the 3 different interface : Classic, Lightning and Salesforce1.##Its first limitation is dictate by the limitation of each interface and by the technology available for such an integration.####Technology integration :##- Canvas App : ##It’s the more basic integration level in Salesforce. It has mostly no options and comes as an out of the box features that could be used only by drag and drop configuration.##This is the easiest way to add a SharinPix album on any object (standard or custom) layout.##Works under lightning, classic and Salesforce1.##- Visual Force Page: ##It’s the richer version of the integration, which permits from few lines of codes to add different behavior depending on logic described on the Salesforce controller side (as an example you can give specific rights to a specific user based on whatever you want to check and which is available at run time).##- Lightning Component: ##It’s the more advanced way and certainly the future of the SharinPix integration within Salesforce. It could be added to record page, home page or any lightning page with just a drag and drop. As other Lightning Components, some parameters permit to change behavior. Those parameters are also available through API######Using those different kind of integration, SharinPix could then be added at many place for different purpose. Those are listed below in the Features integration list.####Features integration: ##- Chatter integration : ##integrated as a Canvas App SharinPix offers an Lightning Action which permits to publish an album directly from Chatter action list.##When the user want to publish an album in Chatter he can choose between Add a new album and choose existing albums .##The list of existing albums are available per user (each user have access to his own published albums only)##- Object integration: ##There is 2 main ways to do such an integration using the Lighting Component to enhance the Record page (Lightning only) or using the Canvas App or Visual Force page on Layout (details on Lightning, details in Salesforce1, Object Layout on Classic).##- HTML 5 integration:##Even if SharinPix comes with a native Salesforce integration, this could be extended to any HTML5 host, including a mobile app, a web site, …##Some security settings needs to be achieved to allow such a usage, but with some line of codes you can make a web form to upload pictures from a website to a case or to display a special album related to a salesforce object on your website or mobile app.##- Mobile App integration: ##The SharinPix offline mobile App could be integrated with Salesforce1 and Field Service Lightning (as well as from a mobile browser version of Salesforce). This integration is provided through a schema URL integration which permits to send parameters to change the mobile App behavior.####SharinPix offer a set of APi to manipulate images, transform images, access to any SharinPix data and images metadata.####This API is available as a rest API.####API integration: ##- Image transformation ##- Image conversion##- Image composition##- Image modification##- Data Extraction##- Data Navigation## ####SharinPix for Chatter Specific Features ####Beside the integration in chatter, SharinPix is also offering versy specific features to Chatter users : ##- Tag a person on a picture##A chatter user can choose a picture and tag a person on this picture. This action will send a notification to the user via chatter.##- Get statistics from an album##When you publish an album in chatter, you have an access to view statistics such as who have view what in the album, through the statistic command. ##The insight includes: devices information, dates, actions, geolocation, …####SharinPix Basic Features####When you open a SharinPix album you have access to 2 view mode : ##- Gallery##- Single Image####Each of those mode offers specific features.####In the Gallery mode, you have access to multiple selection order such as : ##- Add pictures ##- Tagging pictures##- Deleting pictures##- Viewing pictures as Single image in large view##- Full Screen##- Share link####Add pictures have different behavior depending on the device. Under a mobile phone, it will offer to choose between roll images or taking new image from the camera. On a PC or a Mac, it will allow to choose multiple file from the file system. ####In Single Image view, you have access to features related to a single image, such as: ##- Edit picture (rotate, crop, annotate with free draw and text)##- Tag the picture##- Access to picture metadata (such as EXIF information from original file)##- Download the original picture##- Display in full screen##- Duplicate the picture####An edited picture never compromise the original version which is still stored and could be retrieved from download or when undoing modification (where it is available).####SharinPix offline mobile App####The offline mobile App is launched automatically through Salesforce1 or Field Services Lightning to create a “Shooting Job”. Within a Shooting Job entry, the user can take pictures or choose picture from the roll. ####Depending on the parameters send by the Salesforce application, the synchronization of the picture could be delayed to the time where WIFI connection is available.####The upload of the picture is always operated in background to save Field agents time.####Search####SharinPix comes with a search module to search through the album for specific pictures.##To do so the user have to provide (or use) a report which first column is a salesforceID of objects containing the Sharinpix album.####You can also replace this “filtering through report” by your own Visual Force Page.####Then search parameters could be metadata from Salesforce (to be implemented by the customer on the VF SharinPix search extension) and metadata from SharinPix (the tags as an example).####The result of the search will be displayed as a wall of images (such as a google search for images). When clicking on an image, an arrow icon permits to jump back to the original object.####Administration Dashboard####Using the Administration Dashboard, the admin can navigate through SharinPix database and browse in Users, Albums, Images.####This is the place for generic setup, management of Tags and specific related workflow (Tag Action).####From there, developers could also setup notification webhook (apex code called at specific events) or deal with security tokens.####Images as URL####To integrate with document generation tool, email or even external website, you could save all the images included in SharinPix as URL. ##Those URL could be retrieved using our API from Apex code.####But using Tag Action features (available from Tags in the Administration Dashboard) an administrator can automate an image transformation (resized picture) URL extraction. ####This is the best way to get a URL of the main picture of an album by just Tagging it as Main Picture and have this available in views and reports.##Einstein Vision####Salesforce offers now image recognition capabilities through Einstein Vision technology.####Using those API SharinPix offer an easy access to this image recognition capabilities and comes with an app to create new models.####From this part of the app, you can : ##- Create an SharinPix Einstein Vision project##- Save labels (the thing you want to recognize in the pictures)##- Upload example pictures and associate them with the labels##- Then save it as a dataset##- And Create a model which could be immediatly tested with new pictures and prediction display######* UNLIMITED STORAGE : restricted to images uploaded manually through our Application UI (drag and drop, Add button, SharinPix Offline mobile App).########AppExchange entry : ##Image Management for SF-SharinPix Image App-Upload&Edit Images from SF1/FSL/...##Store/edit/annot. Images in any object, any device/UNLIMITED Image storage##Images App by SharinPix📷 Image Mgt for SF-Upload/Edit Images from SF1/FSL/SF...
