A2Q2 hereby grants to you a non-transferable and non-exclusive license to access and use SoxRox during the Subscription Term solely for your internal business purposes. You shall not (i) license, sublicense, sell, resell, transfer, assign, distribute, use as a service bureau or otherwise use SoxRox for a third party’s benefit, or commercially exploit or make available to any third party SoxRox; (ii) modify or make derivative works based upon SoxRox; (iii) reverse engineer or decompile SoxRox; (iv) interfere with in any manner SoxRox; or (v) violate applicable local, state, federal and foreign laws and regulations. ####You acknowledge that SoxRox, and the copyright, patent, trade secret, and all other intellectual property rights contained within SoxRox, are proprietary to, and a valuable trade secret of, A2Q2 and its licensors and will remain the property of A2Q2 and its licensors. Nothing in this Agreement should be construed as transferring any aspects of such rights to you or any third party. All rights not expressly granted to you are retained by A2Q2. ####You shall treat SoxRox in the strictest confidence. You agree that any information about SoxRox, its design and performance specifications, or its code is A2Q2’s Confidential Information.####You, not A2Q2, shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all Your data or information input into SoxRox (“Your Data”), and A2Q2 shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any Customer data, except to the extent caused by A2Q2’s gross negligence or intentional misconduct. ####You are responsible for all activity occurring under its user accounts and shall abide by all applicable local, state, national and foreign laws, treaties and regulations in connection with its use of SoxRox. You shall: use commercially reasonable efforts to prevent unauthorized access to, or use of, SoxRox, and will notify A2Q2 promptly of any such unauthorized use of any password or account or any other known or suspected breach of security. You will not use its access to SoxRox to: (a) access or copy any data or information of other users without their consent; (b) harvest, collect, gather or assemble information or data regarding other users without their consent; (c) knowingly interfere with or disrupt the integrity or performance of SoxRox or the data contained therein; or (d) harass or interfere with another user's use and enjoyment of the Services. ####SOXROX AND THE SALESFORCE.COM SERVICES ARE BEING DELIVERED TO YOU "AS IS" AND A2Q2, ITS AFFILIATES, SUPPLIERS, CONTRACTORS AND AUTHORIZED PERSONNEL, MAKE NO REPRESENTATION, WARRANTY OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY OR COMPLETENESS OF SOXROX OR THE SALESFORCE.COM SERVICES. A2Q2 DOES NOT REPRESENT OR WARRANT THAT (A) SOXROX OR THE SALESFORCE.COM SERVICES WILL BE AVAILABLE, SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER APPLICATION, SOFTWARE, HARDWARE, SYSTEM OR DATA, (B) SOXROX OR THE SALESFORCE.COM SERVICES WILL MEET CLIENT’S REQUIREMENTS OR EXPECTATIONS, (C) ANY DATA STORED USING SOXROX WILL BE ACCURATE, RELIABLE, OR SECURE, (D) ERRORS OR DEFECTS IN SOXROX AND/OR THE SALESFORCE.COM SERVICES WILL BE CORRECTED, OR (E) SALESFORCE.COM SERIVES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. A2Q2 DOES NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING OR PERMITTING THE USE OF SOXROX. A2Q2 MAKES NO WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE AS TO MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE OF SOXROX, THE SALESFORCE.COM SERVICES, OR ANY OTHER SERVICES PROVIDED. YOU ASSUMES ALL RISK ASSOCIATED WITH THE QUALITY, PERFORMANCE, INSTALLATION AND USE OF SOXROX INCLUDING, BUT NOT LIMITED TO, THE RISKS OF PROGRAM ERRORS, DAMAGE TO EQUIPMENT, LOSS OF DATA OR SOXROX, OR UNAVAILABILITY OR INTERRUPTION OF OPERATIONS. YOU IS SOLELY RESPONSIBLE FOR DETERMINING THE APPROPRIATENESS OF USE OF SOXROX AND ASSUMES ALL RISKS ASSOCIATED WITH ITS USE, EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT.##IN NO EVENT WILL A2Q2 OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR OTHER DAMAGES WHATSOEVER, OR ANY LOSS OF REVENUE, DATA, USE, OR PROFITS, EVEN IF AN A2Q2 REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF WHETHER THE CLAIM IS BASED UPON ANY CONTRACT, TORT OR OTHER LEGAL OR EQUITABLE THEORY. NO PARTY WILL BE LIABLE TO THE OTHER FOR DAMAGES IN EXCESS OF THE $1000. ##Some states do not allow the exclusion or limitation of incidental or consequential damages, or the exclusion of implied warranties or limitations on how long an implied warranty lasts, so the above limitations or exclusions may not apply to you.
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