Last updated on February 10, 2023
FORCELUTION APPS SOFTWARE LICENSE TERMS AND CONDITIONS
This is an agreement between you (“You”) and Forcelution Apps B.V. (“Forcelution Apps”) regarding Your use of the Forcelution Apps software and any associated documentation, software code or other materials made available by Forcelution Apps (collectively referred to in this agreement as the “SOFTWARE”). This agreement applies to any updates, supplements or support services for the SOFTWARE, unless other terms accompany those items. If so, those other terms apply.
By installing, accessing or otherwise using the SOFTWARE, You accept the terms of this agreement. If You do not agree to the terms of this agreement, do not install, access or use the SOFTWARE.
If You comply with this agreement, You have the rights below.
1) USE OF THE SOFTWARE. Subject to Your compliance with this agreement, Forcelution Apps hereby authorizes You to use the SOFTWARE solely for its intended purpose.
2) SCOPE OF LICENSE. The SOFTWARE is licensed, not sold. This agreement only gives You some rights to use the SOFTWARE. Forcelution Apps reserves all other rights. Unless applicable law gives You more rights despite this limitation, You may use the SOFTWARE only as expressly permitted in this agreement. In doing so, You must comply with any technical limitations in the SOFTWARE that only allow You to use it in certain ways. You may not
a) reverse engineer, decompile or disassemble the SOFTWARE, except and only to the extent that applicable law expressly permits, despite this limitation;
b) make more copies of the SOFTWARE than specified in this agreement, except and only to the extent applicable law expressly permits, despite this limitation;
c) publish the SOFTWARE for others to copy; or
d) rent, lease or lend the SOFTWARE.
3) SUPPORT. Forcelution Apps is not obligated to provide any technical or other support (“Support Services”) for the SOFTWARE to You. However, if Forcelution Apps chooses to provide any Support Services to You, Your use of such Support Services will be governed by then-current Forcelution Apps policies. With respect to any technical or other information You provide to Forcelution Apps in connection with the Support Services, You agree that Forcelution Apps has an unrestricted right to use such information for its business purposes, including for product support and development. Forcelution Apps will not use such information in a form that personally identifies You.
4) FEES. Forcelution Apps may choose in the future to charge or change existing fees for use of the SOFTWARE. If Forcelution Apps in its sole discretion chooses to establish fees and payment terms for such use, Forcelution Apps will provide notice of such terms as provided in Section 9 below, and You may elect to stop using the SOFTWARE rather than incurring fees.
5) CUSTOMER DATA. Your data a is property of You and all rights not granted to Forcelution Apps shall remain with You. The SOFTWARE does not send any data off the Salesforce platform, unless explicitly stated. Forcelution Apps will not share any of Your data with any third parties without the consent of You and shall take all reasonably appropriate confidentiality and security measures to protect such customer data.
6) USAGE DATA. You grant permission to Forcelution Apps to collect anonymized information on usage data of the SOFTWARE for the purpose of offering personalized service and optimizing the SOFTWARE. Forcelution Apps will not share any of this usage data with any third parties without the consent of You.
7) TERMINATION. Forcelution Apps reserves the right to discontinue offering the SOFTWARE or to modify the SOFTWARE at any time in its sole discretion. If You are dissatisfied with any aspect of the SOFTWARE at any time, Your sole and exclusive remedy is to cease using them. The rights to use the SOFTWARE may be terminated upon written notice if You breach any material term or condition of the Agreement and fail to remedy the breach within thirty (30) days after being given written notice thereof, or is subject to insolvency proceedings that are not dismissed within sixty (60) days. Forcelution Apps may end the rights for You to use the SOFTWARE when You fail to pay any overdue amount to Forcelution Apps hereunder within thirty (30) days from the notice date of any written notice demanding payment.
8) RESERVATION OF RIGHTS. Except for the licenses expressly granted under this Agreement, Forcelution Apps retain all right, title, and interest in and to the SOFTWARE, and all intellectual property rights therein. You are not authorized to alter, modify, copy, edit, format, create derivative works of, or otherwise use any materials, content, or technology provided under this Agreement except as explicitly provided in this agreement or approved in advance in writing by Forcelution Apps.
9) MODIFICATIONS; NOTICES. If we change this Agreement, then we will give you notice before the change is in force. If you do not agree to these changes, then you must cancel and stop using the SOFTWARE before the changes are in force. If you do not stop using the SOFTWARE, then your use of the SOFTWARE will continue under the changed Agreement. Forcelution Apps may give notices to You, at Forcelution Apps's option, by posting on any portion of https://forcelutionapps.com or by electronic mail to any e-mail address provided by You to Forcelution Apps.
10) GOVERNING LAW/COMPETENT COURT. The Agreement is subject solely to Dutch law. If a dispute arises between the parties concerning the Agreement, they will try to resolve it by discussion. If they do not succeed, they will submit the dispute only to the competent court in the Utrecht court district in the Netherlands.
11) LEGAL EFFECT. This agreement describes certain legal rights. You may have other rights under the laws of Your country. This agreement does not change Your rights under the laws of Your country if the laws of Your country do not permit it to do so.
12) DISCLAIMER OF WARRANTY. The SOFTWARE is licensed “as-is.” You bear the risk of using it. Forcelution Apps gives no express or implied warranties, guarantees, or conditions. You may have additional consumer rights under Your local laws which this agreement cannot change. To the extent permitted under Your local laws, Forcelution Apps excludes the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
13) LIMITATION ON AND EXCLUSION OF REMEDIES AND DAMAGES. Forcelution Apps has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Forcelution Apps shall not be responsible or liable, directly or indirectly, for any damage or loss. This limitation applies to
a) anything related to the SOFTWARE; and
b) claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law.
It applies even if Forcelution Apps knew or should have known about the possibility of the damages. The above limitation or exclusion may not apply to You because Your country may not allow the exclusion or limitation of incidental, consequential or other damages.
