Luminix, Inc.####Terms of Use Agreement#### These Terms of Use ("Terms of Use") set forth the legally##binding terms of the agreement between Luminix, Inc. ("Licensor") and##the customer ("Customer") using the Pulsar software application (the##"Application"). The Application integrates with Customer's Salesforce##account and certain social media accounts and allows access to such##accounts on a mobile device. The Application is currently available in##one unpaid version, but Licensor may subsequently create multiple##versions that are paid or unpaid, and all such versions shall be##governed by these Terms of Use.## ## If you are using the Application on your own behalf as an##individual, then all references to the "Customer" shall mean you in##your personal capacity. If you are acting as an employee, consultant##or other authorized representative ("Representative") of an entity##using the Application, then "Customer" shall mean such entity.## ## BEFORE USING THE APPLICATION, YOU SHOULD CAREFULLY READ THE FOLLOWING ##TERMS OF USE. BY USING ANY PORTION OF THE APPLICATION YOU AGREE TO BECOME BOUND ##BY THESE TERMS OF USE, WHICH INCLUDES THE SOFTWARE LICENSE AND LIMITED WARRANTY. ##IF YOU DO NOT AGREE WITH THESE TERMS OF USE, YOU SHOULD CEASE USING THE ##APPLICATION AND UNINSTALL IT. IF YOU ARE A REPRESENTATIVE OF AN ENTITY, BY USING THE ##APPLICATION, YOU ARE CERTIFYING THAT YOU ARE AUTHORIZED TO LEGALLY BIND THE ##ENTITY TO THESE TERMS OF USE. WE ADVISE THAT YOU PRINT AND RETAIN A COPY OF THESE ##TERMS OF USE. THE MOST CURRENT VERSION OF THESE TERMS OF USE WILL ALWAYS BE ##AVAILABLE FOR YOUR REVIEW UNDER THE "TERMS OF USE" LINK FOUND ON OUR WEBSITE. ####1. DEFINITIONS.####"Customer Data" means any information provided by Customer to the##Application and stored locally on the Customer's hardware or on the##Customer's Salesforce or social media accounts.####"Documentation" means any documentation describing the use and##functionality of the Application available at Licensor's website.####"End-User" means the Customer, if the Customer is an individual, or##the Representative, if the Customer is an entity.## ##"Subscription Fees" mean any fees paid by Customer for the right to##access and use the Application. The Application currently does not##require any Subscription Fees, though Licensor reserves the right to##impose Subscription Fees in its discretion.####"Taxes" means any direct or indirect local, state, federal or foreign##taxes, levies, duties or similar governmental assessments of any##nature, including value-added, sales, use or withholding taxes.####"Term" shall mean the period between the date on which Customer##accepts these Terms of Use and the date of termination of these Terms##of Use.####2. TERMS OF LICENSE.#### 2.1 APPLICATION LICENSE. Subject to these Terms of Use and##payment of any applicable Subscription Fees, Licensor hereby grants to##Customer a limited term, non-sublicensable, non-transferable, and non-##exclusive license during the Term to use the Application on one or##more mobile devices controlled or owned by an End-User for Customer's##internal business purposes and solely in accordance with the##Documentation. Customer may not make the Application available over a##network where it could be used by multiple devices simultaneously.##Customer may copy the Application only for backup purposes. The##license granted in this Section 2.1 is limited to the registered##End-User. End-User subscription licenses are for a specific, named##End-User and cannot be shared or used by more than one individual##End-User. Customer is responsible for all activities conducted under##its End-User logins.#### 2.2 UPDATES. These Terms of Use will govern any upgrades##provided by Licensor that replace and/or supplement the Application,##unless such upgrade is accompanied by a separate license in which case##the terms of that license will govern.####3. CUSTOMER RESTRICTIONS AND RESPONSIBILITIES RELATING TO USE OF THE ##APPLICATION.#### 3.1 LEGAL USE OF APPLICATION. Customer shall not, either##directly, or through an End-User, employee, agent or other third##party, use the Application in a manner that is prohibited by any law##or regulation, that violates any third party rights or that##facilitates the violation of any law, regulation or third party##rights, or that would disrupt any third party use or enjoyment of any##services provided by Licensor.#### 3.2 RESTRICTIONS ON USE OF APPLICATION. Customer shall not and##shall ensure that any End- Users do not: (a) resell, sublicense,##lease, time-share or otherwise make the Application available to any##third party except as expressly permitted herein; (b) use the##Application to send or store infringing or unlawful material or##material containing software viruses, worms, Trojan horses or other##harmful computer code, files, scripts, agents or programs; (c) modify,##copy or create derivative works based on the Application; (d) reverse##engineer, decompile, or disassemble the Application; (e) access the##Application for the purpose of building a competitive Application or##service or copying its features or user interface; or (f) violate any##applicable terms of use or restrictions on use related to Customer's##Salesforce account or social media accounts.#### 3.3 CUSTOMER BREACH. IF CUSTOMER FAILS TO COMPLY WITH THE##OBLIGATIONS SET FORTH IN THIS SECTION 3, LICENSOR RESERVES THE RIGHT##TO SUSPEND THE CUSTOMER'S USE OF THE APPLICATION UNTIL SUCH FAILURE IS##REMEDIED OR TERMINATE CUSTOMER'S USE OF THE APPLICATION.####4. OWNERSHIP.#### 4.1 OWNERSHIP OF INTELLECTUAL PROPERTY. As between the##parties, Licensor or its third- party providers shall retain all##ownership rights in the Application and the technology, software,##products, processes, algorithms, user interfaces and know-how related##to the Application. Customer shall retain all ownership rights in its##Customer Data. No license, right or interest in any Licensor or##Customer trademark, copyright, trade name or service mark is granted##hereunder.#### 4.2 LICENSE OF FEEDBACK. Licensor shall have a royalty-free,##fully paid-up, nonexclusive, perpetual, irrevocable, worldwide,##transferable, sublicensable license to use, copy, modify, or##distribute, including by incorporating into the Application, any##suggestions, enhancement requests, recommendations or other feedback##provided by Customer or its End-Users relating to the Application.####5. SUBSCRIPTION FEES FOR CERTAIN VERSIONS OF THE APPLICATION.#### 5.1 SUBSCRIPTION FEES. Licensor may in the future charge##Subscription Fees for certain versions of the Application. Customer##shall be charged monthly in advance for Subscription Fees, in##accordance with Licensor's then current billing procedures. All##payment obligations are non-cancelable and upon payment all payments##made by Customer are non-refundable. Any payment not received from##Customer by the due date may result in suspension of Customer's##ability to access the Application until payment is made.#### 5.2 TAXES NOT INCLUDED. Unless otherwise provided, Licensor's##fees do not include any Taxes, and Customer is responsible for paying##all Taxes associated with its purchases hereunder, excluding Taxes##based on Licensor's net income or property. If Licensor has the legal##obligation to pay or collect Taxes for which Customer is responsible,##the appropriate amount shall be charged to and paid by Customer,##unless Customer provides a valid tax exemption certificate authorized##by the appropriate taxing authority.#### 5.3 MONITORING OF END-USER LICENSES. Customer is responsible##for monitoring Customer's use of the Application by End-Users. If##Customer's use of the Application is found to be greater than that##contracted for, at Licensor's option Customer will be charged for the##additional End-User license Subscription Fees for the period##commencing on the date of use of such additional End-User licenses, or##Licensor may suspend all use of Application until such payment or##terminate all use of the Application.####6. NO WARRANTIES.#### 6.1 NO WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ##APPLICATION IS PROVIDED "AS-IS" AND NEITHER LICENSOR NOR ITS THIRD PARTY PROVIDERS ##MAKE, AND YOU RECEIVE, NO WARRANTY (EXPRESS, IMPLIED OR STATUTORY) WITH RESPECT ##TO THE APPLICATION OR ANY USE THEREOF. LICENSOR EXPRESSLY DISCLAIMS ALL ##WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DESIGN, ##CONDITION, CAPACITY, PERFORMANCE, TITLE, ACCURACY, AND NON-INFRINGEMENT OF THIRD ##PARTY RIGHTS. CUSTOMER UNDERSTANDS AND ACKNOWLEDGES THAT LICENSOR DOES NOT ##WARRANT THAT THE APPLICATION WILL MEET CUSTOMER'S REQUIREMENTS, OR THAT THE ##OPERATION OF THE APPLICATION WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT ALL ##SOFTWARE ERRORS WILL BE CORRECTED. ## NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LICENSOR, ITS EMPLOYEES, ##DISTRIBUTORS, DEALERS OR AGENTS SHALL INCREASE THE SCOPE OF THE ABOVE WARRANTIES ##OR CREATE ANY NEW WARRANTIES. ## SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO A ##PORTION OF THE ABOVE EXCLUSION MAY NOT APPLY TO CUSTOMER. IN THAT EVENT, ANY ##IMPLIED WARRANTIES ARE LIMITED IN DURATION TO THIRTY (30) DAYS FROM THE DATE OF ##DELIVERY OF THE APPLICATION. THIS WARRANTY GIVES USER SPECIFIC LEGAL RIGHTS. ##CUSTOMER MAY HAVE OTHER RIGHTS, WHICH VARY FROM JURISDICTION TO JURISDICTION.#### LICENSOR DOES NOT MAKE ANY REPRESENTATION THAT USE OF THE APPLICATION IS ##APPROPRIATE OR AVAILABLE FOR USE IN LOCATIONS OUTSIDE OF THE UNITED STATES OR ##WHERE IT IS ILLEGAL OR PROHIBITED BY LAW OR LICENSOR.## ## 6.2 NO WARRANTY AGAINST LOSS OF DATA. Without limiting the##generality of the foregoing disclaimers, Customer acknowledges that it##is Customer's responsibility to backup Customer Data and any other##data stored in the Application. The Application is not designed to##operate without error. In no event will Licensor assume liability for##any loss or corruption of Customer Data or other data stored in the##Application.####7. LIMITATION OF LIABILITY.#### 7.1 LIMITATION ON DAMAGES. In no event shall the aggregate##liability of Licensor and its licensor(s), distributors and other##service providers to Customer for any damages whatsoever, whether##arising under contract, tort or otherwise, arising under or related to##these Terms of Use, the Application or the use thereof exceed the##greater of (a) $100 or (b) the amount of Subscription Fees paid to##Licensor in the six months prior to the claim.#### 7.2 WAIVER OF CONSEQUENTIAL DAMAGES. TO THE MAXIMUM EXTENT PERMITTED ##BY APPLICABLE LAW, IN NO EVENT SHALL LICENSOR BE LIABLE FOR PERSONAL INJURY, OR ANY ##INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, ##WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS ##INTERRUPTION OR ANY OTHER PERSONAL INJURY OR COMMERCIAL DAMAGES OR LOSSES, ##ARISING OUT OF OR RELATED TO CUSTOMER'S USE OR INABILITY TO USE THE APPLICATION, ##HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR ##OTHERWISE) AND EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH ##DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL ##INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT ##APPLY TO YOU. #### 7.3 NO EXCEPTIONS. THE LIMITATIONS IN THIS SECTION 7 SHALL APPLY WHETHER OR ##NOT LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND ##NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. ####8. TERM AND TERMINATION.#### 8.1 TERMINATION. These Terms of Use shall continue until##terminated by either Customer or Licensor. Either party may terminate##these Terms of Use without cause, or Customer may switch from one##version of the Application to another, at any time by. Customer will##immediately cease using the Application upon termination of these##Terms and Conditions and destroy all copies of the Application upon##such termination. Customer will not be entitled to a refund of##Subscription Fees upon any such termination.#### 8.2 SURVIVAL. The provisions of Sections 1, 4, 6, 7, 8 and 9##shall survive termination of these Terms of Use.####9. GENERAL TERMS.#### 9.1 GOVERNMENT CUSTOMERS. If Customer is a federal government##entity or is licensing the Application on behalf of such an entity,##Licensor provides the Application and related technology, for ultimate##federal government end use solely as follows: Government technical##data and software rights related to the Application include only those##rights customarily provided to the public as defined in these Terms of##Use. This customary commercial license is provided in accordance with##FAR 12.211 (Technical Data) and FAR 12.212 (Software) and, for##Department of Defense transactions, DFAR 252.227-7015 (Technical Data##- Commercial Items) and DFAR 227.7202-3 (Rights in Commercial Computer##Software or Computer Software Documentation). If greater rights are##needed, a mutually acceptable written addendum specifically conveying##such rights must be executed with these Terms of Use.#### 9.2 INDEPENDENT CONTRACTORS. The parties are independent##contractors, and no partnership, franchise, joint venture, agency,##fiduciary or employment relationship between the parties is created##hereby. There are no third party beneficiaries to these Terms of Use.#### 9.3 ENTIRE AGREEMENT. To the extent of any conflict between##these Terms of Use and any other schedule or attachment, these Terms##of Use shall prevail unless expressly stated##otherwise. Notwithstanding any language to the contrary therein, no##terms stated in a purchase order or similar ordering document (other##than a mutually executed order document) shall be incorporated into##these Terms of Use, and all such terms shall be void. These Terms of##Use represent the entire agreement of the parties hereto, and##supersede all prior or contemporaneous agreements, proposals or##representations, written or oral, concerning its subject matter.#### 9.4 WAIVERS. No amendment or waiver of any provision of these##Terms of Use shall be effective unless in writing and signed by##Customer and Licensor. No failure or delay in exercising any right##hereunder shall constitute a waiver of such right. Except as otherwise##provided, remedies provided herein are in addition to, and not##exclusive of, any other remedies of a party at law or in equity.## ## 9.5 SEVERABILITY. If any provision of these Terms of Use is##held by a court of competent jurisdiction to be contrary to law, such##provision shall be modified by the court and interpreted so as best to##accomplish the objectives of the original provision to the fullest##extent permitted by law, and the remaining provisions shall remain in##effect.#### 9.6 ASSIGNMENT. These Terms of Use will be binding upon, and##inure to the benefit of, the parties hereto and their respective##successors and assigns. Notwithstanding the above, Customer may not##assign its rights or obligations under these Terms of Use, whether by##operation of law or otherwise, without the prior written consent of##Licensor. Any assignment in violation of this Section shall be null##and void. Licensor may assign these Terms of Use in its entirety,##without consent of Customer, to a successor in interest to the##business to which these Terms of Use relate in connection with a##merger, reorganization or asset sale.#### 9.7 EXPORT CONTROL. Customer agrees to comply with all##applicable export regulations of the United States Department of##Commerce and with the United States Export Administration Act, as##amended from time to time, and with all applicable export laws and##regulations of other jurisdictions with respect to the provision and##use of the Application.#### 9.8 GOVERNING LAW; VENUE. These Terms of Use will be deemed to##have been made in the State of California, and the provisions and##conditions of these Terms of Use will be governed by and interpreted##in accordance with the laws of the State of California, without regard##to conflict of laws principles thereof. EXCEPT FOR ANY ACTIONS FOR##PRELIMINARY EQUITABLE RELIEF, THE EXCLUSIVE VENUE FOR ANY DISPUTE##RELATING TO THIS AGREEMENT IS SAN FRANCISCO, CALIFORNIA. CUSTOMER AND##LICENSOR CONSENT TO THE PERSONAL JURISDICTION OF THESE COURTS. The##United Nations Convention on Contracts for the International Sale of##Goods shall not apply#### 9.9 UPDATES TO TERMS OF USE. Customer acknowledges that##Licensor may update these Terms of Use from time to time, and Customer##agrees to be bound by any subsequent update to these Terms of Use.##The most recent version of these Terms of Use can be found at##Licensor's website at http://www.luminixinc.com or in the Application##itself. Though Licensor will attempt to notify Customer of any##material changes in the Terms of Use by sending an email to the##Customer's registered email address, it is the Customer's##responsibility to check for updates to the Terms of Use and any such##update shall be effective even if Customer does not receive notice of##such update. If Customer does not consent to the updated Terms of##Use, Customer can uninstall and discontinue use of the Application.##Customer's continued use of the Application will constitute acceptance##of the updated Terms of Use.#### Licensor suggests Customer print out a copy of these Terms of##Use for Customer's records. Should Customer have any questions##concerning these Terms of Use, Customer may contact Licensor as set##out on Licensor's website at http://www.luminixinc.com.####Luminix and Pulsar are trademarks of Licensor. Salesforce is a##registered trademark of Salesforce, Inc.####Updated: May 25, 2012############Luminix, Inc.####Privacy Policy####This Privacy Policy discloses the privacy practices for Luminix, Inc. This Privacy Policy applies solely to ##personally-identifiable information regarding our customers collected by Luminix, including through the ##Luminix website at www.luminixinc.com and the Pulsar software application.####How does Luminix gather and use personal information?####When you place an order, contact technical support, activate your product, download software, or respond ##to our promotional campaigns, we may gather certain personal information from you to respond to your ##request. For example, we may collect information such as your credit card number, contact information, ##and billing and shipping address and use it to complete your order. If we have trouble processing an order, ##this contact information may be used to get in touch with you. Luminix does not store your credit card or ##CVV2 numbers.####For your protection and ours, all information on an order form, including credit card holder's name, ##number, billing address, is subject to verification prior to processing any order. This is to prevent fraud, and ##the unlikely use of the credit card without the cardholder's permission. ####Personal information does not include "aggregate" information. Aggregate information is data we collect ##about a group or category of products, services or customers, from which individual customer identities ##have been removed. An example of aggregate information is usage logs. In other words, information ##about how you use a service or product may be collected and combined with information about how others ##use the same service or product. Aggregate data helps us and our third party advertisers understand trends ##and our users' needs so that we can better consider new features or otherwise tailor our services and ##products. ####How does Luminix protect personal information?####We take reasonable precautions to protect your personally-identifiable information. Where we collect ##sensitive information (such as credit card data or passwords), that information is encrypted and transmitted ##to us in a secure way. You can verify this by looking for a closed lock icon at the bottom of your web ##browser, or looking for "https" at the beginning of the address of the web page. Only employees who need ##personally-identifiable information to perform a specific job are granted access to personally-identifiable ##information. ####Will Luminix share my personal information with other companies or people?####Luminix does not sell, rent, trade, or lease your personal information for marketing purposes. We may ##share information with third-party agents who provide services for our internal business operations (for ##example: payment processing). These agents must comply with our privacy policies and cannot use your ##personal data for any other purpose.####Apart from this, we disclose personal information only in the good faith belief that we are required to do so ##by law, or that doing so is reasonably necessary to: (i) comply with legal process; (ii) respond to any ##spamming or Internet crimeware abuses; or (iii) to protect the rights, property or personal safety of ##Luminix, our customers, or the public.####Note to United States customers: Luminix complies fully with all laws of the United States and the State of ##California. If required by law, through subpoena or other legal requirement, we will release information in ##our possession about members that are the subject of an investigation.####Note to European customers: The information you provide us will be transferred outside the European ##Economic Area for the purpose of processing by Luminix, its affiliates and agents. By submitting your ##information, you agree to that international transfer.####Does Luminix have access to the information in my Salesforce account?####Luminix does not use or have access to data stored in your Salesforce account. Data stored in your ##Salesforce remains your property.####Communications from the Luminix website####We may send new customers a welcoming email to verify confirmation of activation of Luminix products ##and/or services. You may occasionally receive information on products, special deals, and a newsletter.####Does Luminix ever ask a customer for their personal information via email?####Luminix will never ask a customer for personal information via email unless it is in regards to supporting a ##customer at his/her request. If someone tells you he is an Luminix employee and asks you for your ##information, please report this issue to us. However, if you contact Luminix's Support Team regarding an ##issue with your Luminix service, members from the Support Team may ask for some personal information ##to better serve you, such as your name, email, and information about your computer setup. Luminix will ##never ask you for your login information, such as passwords or answers to your secret questions.##Luminix's services may contact you via email regarding the security or standing of your Luminix account. ##For example, you may receive an email with a confirmation code when you reset a password, or an email to ##alert you that your subscription services are due to expire. These emails may contain links, but the links ##will always be visible and direct you to the www.luminixinc.com domain.####Does Luminix collect information on minors?####Luminix does not intend to collect information from children who are under the age of 18 in the European ##Union and Asia Pacific, or under the age of 14 in the United States and Latin America. If you do not meet ##these age limits, you should not provide information on this site and should ask your parent or guardian to ##do so for you. Any information you provide may be deleted without warning, if we believe that you are less ##than 14 years of age.####What are cookies and how does Luminix use them?####Like many companies, Luminix uses cookies to customize our Internet website communication and provide ##you with better service and security. A cookie is a small data file that your web browser writes to your ##computer when you visit our website. That file may contain information that we use to track the Web pages ##you have visited or how often you have visited Luminix's website. The primary reason Luminix uses ##cookies is to prepare customized pages for you and to improve Internet security and overall usability of our ##website.####We also may use third-party advertising technology to serve ads on the websites where we advertise. ##Generally, advertisements are served by ad networks, such as DoubleClick, that are independent of us. ##Third-party servers may employ cookies or action tags to measure advertising effectiveness, target ##advertising to individuals and for other purposes. For more information about third party technology used ##to serve advertising, as well as to obtain software tools that will allow you to opt-out of targeted ##advertising, please visit the Network Advertising Initiative.####You can configure your browser to warn you before accepting cookies, or you can refuse cookies by ##turning them off in your browser. If you turn off cookies, our website may not function properly or you ##may not be able to access all the functions of our website. ####How can I manage my personal information or unsubscribe from emails?####For e-newsletters, software updates notices, and special offers, you may unsubscribe from receiving such ##Luminix communications by following the instructions at the bottom of such communications. You can ##also contact us to see what personally-identifiable information we have about you or to change or correct ##your personally-identifiable information.####How can I contact Luminix if I have any further questions?####You can email us at support@luminixinc.com.####Links##This web site may contain contains links to other sites. Please be aware that we are not responsible for the ##content or privacy practices of such other sites. We encourage our users to be aware when they leave our ##site and to read the privacy statements of any other site that collects personally-identifiable information.####Automatic Updates##Luminix is dedicated to continually improving by adding new functionality, products, services and ##programs. Because of those improvements along with the changes in the law, technology, and Luminix's ##business, Luminix reserves the right to change, modify, add, or remove portions of this Privacy Policy at ##any time without notice to you. However, Luminix will use reasonable efforts to provide notice of any ##material changes to this policy to you at your registered email address. It is your responsibility to maintain ##an accurate and up-to-date email address with Luminix. The latest version of our Privacy Policy will be ##available on our website and will indicate the date that it went into effect.##We encourage you to review our Privacy Policy whenever you use this website to make sure you always ##understand how your information will be used.####Luminix and Pulsar are trademarks of Licensor. Salesforce is a registered trademark of Salesforce, Inc. ####Updated: May 25, 2012
