iWave for Salesforce

This License Agreement and the document by which the Client orders a Subscription to access the Software (“Order Form”), or renews a Subscription (“Renewal Form”), or orders Screening Services (“Services”) contain the complete and exclusive statement of the agreement between the parties under which Licensor grants a right to access “Software” to the Client or provides services to the Client and will supersede any prior proposal, representation, or understanding between the parties. No oral or written representation that is not expressly contained in the License Agreement, Order Form or Renewal Form is binding on the Licensor.####The Software is copyrighted and licensed, not sold, to the Client. A “Subscription” is the right to access the Software and Services for the period specified on the signed Order Form (“Term”).######License Grant The Licensor grants to the Client a non-exclusive, non-transferable right of limited use of Software for a limited period of time. At the end of the Term and in the event that an additional Order Form or Renewal Form has not been executed prior to the end of the Term, this License Agreement shall automatically terminate with respect to that Order Form or Renewal Form. Each user name and password is for a single user license only. The Client agrees not to share, sell, rent or otherwise transfer this Subscription to any other person or entity without written approval from the Licensor. The Client acknowledges that a description of the Software, including the authorized number of users and total purchase price plus applicable taxes is correctly set forth on the Order Form.####Licensor’s Rights The Client acknowledges and agrees that the Software and the user’s manual are proprietary products of the Licensor and/or its providers and are protected under Canadian and U.S. copyright law. The Client further acknowledges and agrees that all right, title and interest in and to the Software, including associated intellectual property rights, are and shall remain with Licensor and/or its providers. This License Agreement does not convey to the Client an interest in or to the Software, but only a limited right of use as provided for in this License Agreement.####Unlawful Use The Client agrees that it will not use the Software for an unlawful purpose and acknowledges that the Licensor and its third-party providers forbid the Client from using the Software in any unlawful manner. The Client acknowledges that certain states have enacted laws that place restrictions upon telemarketing activities, including but not limited to permitting a telephone subscriber to give public notice that such subscriber does not wish to receive sales solicitation telephone calls. Due to the varying publication dates of such notices, the Licensor disclaims any warranty, express or implied, that the names and telephone numbers of all such subscribers have been identified on or deleted from the data supplied to the Client hereunder. Further, the Client acknowledges that the Federal Communications Commission (“FCC”) has placed restrictions upon marketing activities using facsimile numbers for unsolicited marketing advertisements. The Client agrees that any usage of facsimile numbers provided by the Licensor as part of the data will be used in strict accordance with the FCC’s rules and regulations and is solely the Client’s responsibility.####Terms of Use Except as otherwise indicated in this License Agreement, the Client may use Software to conduct research for the sole purpose of meeting their fundraising needs, provided that:####The Client shall not modify, alter, reverse engineer or otherwise transfer Software.##The Client shall not transfer electronically, copy, extract, summarize or otherwise use Software content in a manner that competes with Licensor’s selling of Subscriptions.##The Client shall not use the reports to make any data compilations to be sold, lent, or distributed to a third party without the express written consent of the Licensor.##All rights not explicitly granted to the Client remain with the Licensor.####By using the Software, the Client expressly agrees that the Licensor is permitted to bill the Client or the Client’s organization a subscription fee as indicated on the signed Order Form or Renewal Form and that the Client has the authorization to sign the Order Form or Renewal Form on behalf of the Client’s organization (if applicable). The subscription fee will be billed as per the conditions on the signed Order Form or Renewal Form.####The Licensor reserves the right to modify content and/or data providers of the Software during the Term of the License Agreement. Modifications and/or improvements will not result in additional costs during the Term but may result in changes in renewal term conditions and pricing.####The Licensor shall issue a main user name to the Client and a corresponding unique password to each registered user on the Order Form or Renewal Form, who must be employees of the Client. The designation of the particular registered users may change during the term of the Client’s license but the actual number of registered users cannot change during the Term without additional costs. Additional registered users may be added during the Term at an additional cost. Please note that only registered users of Software can participate in online training and receive product support via web, email or telephone. We can only discuss account details or make user changes with the primary contact or registered users listed on the order/renewal form.####Access to the Software is restricted to registered users of the Client. A registered user is a single user operating from a single site.