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FlexPricer App Terms and Conditions
“You”, “Your” – the entity that has licensed Salesforce CRM.
“Us”, “We”, “Our” – Successtrics UK Limited t/a CRM SuperStars.
“App” – FlexPricer.
“Production Organisation” - a single Salesforce CRM Production organisation with a single Org ID that is licensed to You.
“Sandbox Organisation” – any Salesforce CRM Sandbox organisation that is created from your Production Organisation.
“Installer” – the individual that is performing the installation on Your behalf.
“First Installation Date” – the earliest date of the installation of the App into a Sandbox Organisation or Production Organisation.
1. Subject to the terms and conditions in force at the time, We licence an installer to install the version of the App that is listed on Salesforce AppExchange into any Salesforce organisation that is licensed to You as permitted by these terms and conditions.
2. Upgraded (beta and pre-release) versions of the App may be available to install subject to these terms and conditions.
3. For 14 calendar days from the First Installation Date, or if You have a valid and active support service agreement in place with Us, an Installer may install or upgrade to the latest version of the App, including beta and pre-release versions, in your Production Organisation or Sandbox Organisation.
4. Subject to paragraph (3), you are licenced only to install and use the version of the App listed on Salesforce AppExchange.
5. You agree that We may remind Your users about the status of Your support service agreement with Us and/or any other offer of services from Successtrics UK Limited or other company with whom Successtrics UK Limited has an agreement.
6. If an Installer installs or upgrades Your Production Organisation to a version of the App that is not listed on AppExchange, then subject to paragraph (3), we reserve the right to either temporarily or permanently revoke Your use of the App in Your Production Organisation. We will provide the Installer with 7 calendar days’ notice of such planned revocation.
7. From time to time, We may, without notice, automatically upgrade the version of the App installed in any of Your Salesforce organisation.
8. We will use reasonable endeavours to notify the Installer in advance of any automatic upgrade where this upgrade includes changes to features or the user interface.
9. Please be aware that internet transmissions are never completely private or secure and that any message or information You send using the App may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
10. The ways in which You can use the App may also be controlled by Salesforce.com’s rules and policies.
11. If You think the App is faulty or misdescribed or wish to contact Us for any other reason please email Our customer service team at email@example.com.
12. If We have to contact You we will do so by email, by SMS or by pre-paid post, using the contact details You have provided to Us
13. We are giving You personally the right to use the App as set out above. Whilst you may have sharing rights, you may not otherwise transfer the App to someone else, whether for money, for anything else or for free. If you sell any device on which the App is installed, you must remove the App from it.
14. By using the App, You agree to Us collecting and using technical information about the devices You use the App on and related software, hardware and peripherals to improve Our products and to provide any services to You.
15. The App may contain links to other independent websites which are not provided by Us. Such independent sites are not under Our control, and We are not responsible for and have not checked and approved their content or their privacy policies (if any). You will need to make Your own independent judgement about whether to use any such independent sites, including whether to buy any products or services offered by them.
16. You agree that you will:
· except in the course of permitted sharing, not rent, lease, sub-license, loan, provide, or otherwise make available, the App in any form, in whole or in part to any person without prior written consent from Us;
· not copy the App, except as part of the normal use of the App or where it is necessary for the purpose of back-up or operational security;
· not translate, merge, adapt, vary, alter or modify, the whole or any part of the App, nor permit the App or any part of the App to be combined with, or become incorporated in, any other programs, except as necessary to use the App on devices as permitted in these terms;
· not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the App, nor attempt to do any such things, except to the extent that (by virtue of sections 50B and 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are necessary to decompile the App to obtain the information necessary to create an independent program that can be operated with the App or with another program (Permitted Objective), and provided that the information obtained by you during such activities:
• is not disclosed or communicated without Our prior written consent to any third party to whom it is not necessary to disclose or communicate it in order to achieve the Permitted Objective; and
• is not used to create any software that is substantially similar in its expression to the App;
• is kept secure; and
• is used only for the Permitted Objective;
· comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the App.
17. You must:
· not use the App in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms and conditions, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the App or any operating system;
· not infringe Our intellectual property rights or those of any third party in relation to Your use of the App, including by the submission of any material (to the extent that such use is not licensed by these terms and conditions);
· not transmit any material that is defamatory, offensive or otherwise objectionable in relation to Your use of the App;
· not use the App in a way that could damage, disable, overburden, impair or compromise Our systems or security or interfere with other users; and
· not collect or harvest any information or data from any service relating to the App, or Our systems or attempt to decipher any transmissions to or from the servers running any service relating to the App.
18. This app is licensed by Us “as is”' and any express or implied warranties, including, but not limited to, the implied warranties of satisfactory quality or merchantability and or fitness for a particular purpose are disclaimed. Except in respect of death or personal injury caused by Our negligence, where we do not limit Our liability, in no other event shall We be liable for any direct, indirect, incidental, special, exemplary, or consequential damages (including, but not limited to, procurement of substitute goods or services; loss of use, data, or profits; or business interruption) howsoever caused and on any theory of liability, whether in contract, strict liability, or tort (including negligence or otherwise) arising in any way out of the use of this software, even if advised of the possibility of such damage.
19. All intellectual property rights in the App, throughout the world belong to Us and the rights in the App are licensed (not sold) to You. You have no intellectual property rights in, or to, the App, other than the right to use the App in accordance with these terms and conditions.
20. The App has not been developed to meet Your individual requirements. Please check that the facilities and functions of the App (as described on the Salesforce AppExchange) meet your requirements.
21. We may end Your rights to use the App at any time by contacting You if You have broken these terms in a serious way. If what You have done can be put right we will give You a reasonable opportunity to do so. If We end Your rights to use the App:
· You must stop all activities authorised by these terms, including Your use of the App;
· You must delete or remove the App from all devices in Your possession and immediately destroy all copies of the App which You have and confirm to Us that You have done this; and
· We may remotely access Your devices and remove the App from them and cease providing You with access to the App.
22. This agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.
23. These terms are governed by English law and You can bring legal proceedings in respect of the App in the English courts only.