3 Creeks Technologies LLC##DLRunner Standard Terms and Conditions####By indicating you have read and agree to the Terms and Conditions you are indicating all of the following:####1. You accept in full all of the terms of this agreement which specifies the use of DLRunner , a software application published by 3 Creeks Technologies LLC (3 Creeks).####2. You are at least 18 years of age and are able to enter into a legal agreement, and be bound by that agreement, according to laws of the state of California.####3. You have the authority to enter into a binding agreement on behalf of the company or legal entity that you represent (in the rest of this document we will call this “your company”) and that you are entering into this agreement on behalf of such company or legal entity####IF YOU DO NOT AGREE TO ALL OF THE ABOVE, DO NOT CHECK THE BOX INDICATING THAT YOU HAVE READ AND AGREE TO THE TERMS AND CONDITIONS.####Upon acceptance of this agreement, 3 Creeks grants you the following:####1. A subscription based license to use DLRunner. This subscription may either be free or paid. Whether it is free or paid is at the sole discretion of 3 Creeks.####2. The access and right to download, install, and use DLRunner upgrades, enhancements, and bug fixes. 3 Creeks may require, at their sole discretion, you or your company to pay additional or new subscription fees as a requirement to use these upgrades, enhancements, or bug fixes. If so, you and your company will have the option to not install the upgrades, enhancements, or bug fixes and stay with your current version of DLRunner. If you make this decision, be aware that 3 Creeks may decide, at the their sole discretion, to no longer provide any additional future upgrades, enhancements, or bug fixes to the DLRunner code that you and your company are using.####3. The right to use, as you see fit, any and all data, reports, logs, files or any other electronic information or files created by DLRunner.####4. The right to stop using DLRunner at any time and for any reason. If you feel that it is not working for your business, no worries… thank you for trying it out.####As for us, 3 Creeks will do the following:####1. If your DLRunner subscription is a paid subscription, allow you to try out DLRunner for free for a limited amount of time. Currently the free trial period is 14 days, but that can be changed at any time at 3 Creeks’ discretion.####2. Provide documentation in the form of guides you can use to help understand how to install and configure DLRunner.####3. If your DLRunner subscription is a paid subscription, provide support to you and your company’s use of DLRunner software. This support will include, in addition to the documentation referenced above, support via email and web page forms.####4. If your DLRunner subscription is a paid subscription, make reasonable efforts to respond to your support requests within two business days during normal business hours of 9 AM to 5 PM PDT.####5. Make reasonable efforts to fix bugs and release new versions of DLRunner on a timely basis. There may be times, however, that 3 Creeks determines that it would be too costly or too disruptive to fix a bug or issue that you or your company is experiencing and we may elect to not fix the issue. If this happens, we will make every effort to document and publish workarounds to the issue.####6. Not sell, give away, or make available to anyone outside of 3 Creeks, any of the personal or contact information that you provide to us.####Just as you and your company are entitled to cancel your DLRunner subscription at any time, 3 Creeks is also entitled to cancel your subscription, regardless of whether it is paid or free, at any time and for any reason. It is unlikely we will do this other than for reasons such as non-payment of your subscription fee, misrepresentation of you or your company, violation of these terms and conditions, or misuse of DLRunner. If we do cancel your subscription, we will make a reasonable effort to give you as much notice as possible and also let you know why it is being canceled. Once notified of a cancellation, you will be required to permanently delete all DLRunner code and configurations from all of your company’s systems immediately.####3 Creeks also reserves the right to change the subscription fee for DLRunner at any time provided that we notify you and your company in writing of the change at least 30 days prior to the fee change in order to give you the opportunity to cancel your subscription before the fee change goes into effect.####There are some basic limitations to the use of DLRunner by you and your company and those limitations are:####1. You cannot sublicense or transfer your use DLRunner to another company or entity.####2. You may not reverse engineer any part of the code, configuration, or logic of DLRunner.####3. You may not resell DLRunner licenses.####4. You must meet the minimum requirements that have been documented in order to use DLRunner. These are things such as, but not limited to, the versions of Salesforce and Data Loader that DLRunner works with, and the version of third party libraries and software that DLRunner requires to operate.####Also, there are some things that may be out of the control of 3 Creeks and so we cannot be responsible for any loss that you or your company may incur from them. Here are some specifics:####1. DLRunner works in a cloud-based software environment. Reliable and fast network connectivity is critical in these types of environments. We cannot be responsible for any loss of data, revenue, productivity, or any other type of loss that you or your company incurs due to a slow, unstable, overloaded, or otherwise lousy network connection. This includes internal networks within your company’s or your company vendor’s premises and Internet connections.####2. DLRunner relies on a number of technologies. These include programming languages, API libraries, and other technologies. Although 3 Creeks Technologies takes great pains to ensure that the technologies that are used to build our products are rock solid, the fact is there will be technical limitations and bugs in the technologies that we use. We will always do our best to work around technical limitations and bugs. However, there may be instances where there is nothing that we can do to fix a problem that is due to the limitations of the technology in use or due to a bug that is out of the control of 3 Creeks to fix. In these instances we will attempt to document the limitation as much as possible so you know about the limitation and its workarounds, but we reserve the right to not fix the actual issue.####3. Since DLRunner works with the Salesforce platform, we are not responsible for loss of revenue, productivity, data, or any other loss that we cannot think of right now due to failures, planned outages (like scheduled maintenance), or unplanned outages of the Salesforce platform, services, or software. Be prepared and back up your data and have contingency plans in place, even if it is in the cloud.####4. DLRunner can be configured to perform a number of tasks. Some of these tasks involve the deletion of files and data from one or more computer systems. Via networking technologies, some of these computer systems may not be the same physical computer system DLRunner is installed on. 3 Creeks is not responsible for any loss of data, of any kind, or the loss of revenue, productivity or any other loss that you or your company may incur due to the use of DLRunner. Please practice safe computing and always test your configuration changes in a test environment and back up your data regularly.####3 Creeks has put a lot of effort into making DLRunner as solid and useful as possible. We truly hope that you find your use of DLRunner hugely beneficial to your company. Having said that, we cannot possibly anticipate all the ways our customers may want to use DLRunner in their business processes. Additionally, even with all of the testing we do, DLRunner may still contain bugs and defects. Because of this, we must let you know that DLRunner is provided “as is” and 3 Creeks does not make any warranties or guarantees of any kind as to it merchantability, fitness for a particular purpose, timeliness, reliability, completeness, or accuracy.####Lastly, we are extremely happy to be working with you and hope that we have a long and productive relationship together. We promise that we will treat you and your company with respect and integrity and we are sure that you will treat us the same way. However, as someone once said, “sometimes good people disagree”. If we disagree, we both promise to make every effort to work it out between us. Failing that, we and your company agree to take our dispute to a mutually agreed upon private arbitrator located in the state of California and we and your company agree to uphold the decision of the resulting arbitration as final and binding.####Okay, enough said. Let’s get started!
