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SFVision Technologies, Inc.
End User License Agreement
This EULA is a legally binding agreement. Please read it carefully. By clicking "I Agree" or installing or using a SFVision software and/or any updates to such software provided by SFVision Technologies, Inc. (the "Application"):
• if your use is on behalf of an entity with which you are employed, affiliated or associated (the "Entity"), then you represent that you have the authority to bind the Entity to these terms and you agree to the following terms on behalf of the Entity, and/or
• if your use is personal to you as an individual, then you agree to the following terms on behalf of yourself .
When we use “you” or your” in this EULA, “you” or “your” means the Entity if you are entering into this EULA on the Entity’s behalf or, you as an individual if you are entering into this EULA as an individual.
If you do not have such authority or do not agree to these terms, you may not install or use the Application.
Salesforce Inc. may, at any time and without notice, restrict, interrupt or prevent use of the Application, or delete the Application from your or any instance, or require SFVision Technologies, Inc to do any of the foregoing, without entitling any Entity or you to any refund, credit or other compensation from SFVision Technologies, Inc or any third party (including, but not limited to, Salesforce Inc. or your network connectivity provider).
This EULA was last updated on February 8, 2018. It is effective between on the one hand you, and on the other hand SFVision Technologies, Inc. as of the date you first download, install or use the Application, whichever is earliest.
1. THIS LICENSE AGREEMENT
This EULA applies only to your use of Application. Use of other services provided by salesforce.com, inc. and/or its affiliates or subsidiaries (including services that this application may allow you to access or interact with) are governed by the applicable master subscription or other agreement for that service and not this EULA.
2. THE SOFTWARE
The Application may be used only on your Supported System that is your Salesforce instance or Sandbox.
3. WHO YOU ARE CONTRACTING WITH
This EULA is being entered into between you and SFVision Technologies, Inc., 6081 Valley View Ct, Placerville, CA 95667, U.S.A.
4. SOFTWARE LICENSE
The Application, including software embedded in the Application, is licensed, not sold, to you under this EULA by SFVision Technologies, Inc, for use in binary form, without modification. SFVision Technologies, Inc reserves all rights not expressly granted to you. This Application may include some 3rd party software; please see the documentation for the Application for additional notices required by our licensors. You own the media or device on which the Application is recorded or stored but SFVision Technologies, Inc retains ownership of the Application itself.
5. PERMITTED LICENSE USES AND RESTRICTIONS
(a) This EULA allows you to use the Application with your Salesforce instance that you, own or control, and on no other services.
(b) The Application is available for installation only from the Salesforce AppExchange. You may not distribute or make the Application available over any other service.
(c) With respect to updates to the Application that SFVision Technologies, Inc may make available for installation using the Salesforce Managed Application, this EULA allows you to install such Application updates.
(d) Except as and only to the extent permitted by applicable law, or by licensing terms governing use of open-sourced components included with the Application, neither you nor any other Entity personnel may copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, decrypt, modify, or create derivative works of the Application or Application updates, or any part thereof. Any attempt to do so is a violation of the rights of SFVision Technologies, Inc and its licensors. If you or any other Entity personnel breach this restriction, you or they, and the Entity, may be subject to prosecution and damages.
(e) Neither you nor the Entity may rent, lease, lend, redistribute or sublicense the Application.
(f) The Application is available only for Supported Systems, and may not be available for all devices.
(g) THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT OWNER OR CONTRIBUTORS 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) HOWEVER 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.
6. TERM AND TERMINATION
SFVision Technologies, Inc may terminate this EULA if any third party (including, but not limited to, Salesforce Inc., or your network connectivity provider) restricts, prevents or ceases to authorize the installation or use of the Application on Supported Systems or over your network. Upon any such termination, the Entity (including you) shall no longer be permitted to use the Application, and shall delete or destroy all copies of the Application in its (including your) possession.
Termination of this EULA shall not entitle you nor any Entity to any refund, credit, or other compensation from SFVision Technologies, Inc under any agreement with SFVision Technologies, Inc or any other agreement or from any third party.
7. SERVICE LEVEL AGREEMENT
No service level agreements in effect between you and saleforce.com shall apply to the Application.
8. ADDITIONAL TERMS.
(a) This EULA is between you, and SFVision Technologies, Inc only, and not with Salesforce. SFVision Technologies, Inc is solely responsible for the Application.
(c) As between Salesforce and SFVision Technologies, Inc, SFVision Technologies, Inc is solely responsible for providing, and Salesforce has no obligation to provide maintenance and support for the Application. Support requests, should be directed to the “Support Team” at firstname.lastname@example.org.
(d) You represent and warrant that (i) the Application will not be downloaded or used in, or transported to, a country that is subject to a U.S. Government embargo, or has been designated by the U.S. Government as a "terrorist-supporting" country, and (ii) neither you, nor any Entity is listed on any U.S. Government list of prohibited or restricted parties.
(e) SFVision Technologies, Inc.'s address is 6081 Valley View Ct, Placerville, CA 95667, U.S.A.
(i) Notwithstanding anything to the contrary in This EULA, Salesforce and its subsidiaries are third-party beneficiaries of this EULA, and have the right (and shall be deemed to have accepted the right) to enforce this EULA against you and the Entity.