$19 USD per user per month Discounting and additional application features are available. Please contact us at email@example.com for more details.
Put the "R" into your CRM####RQ® for Salesforce is the first application that allows you to prioritize, measure and advance the most important relationships impacting your sales and business performance.
THE RELATIONAL CAPITAL GROUP
END USER LICENSE AGREEMENT FOR APPLICATION
IMPORTANT: PLEASE READ THE TERMS OF THIS AGREEMENT CAREFULLY BEFORE DOWNLOADING OR OTHERWISE USING THIS SOFTWARE PRODUCT.
BY CLICKING ON THE BUTTON “I AGREE” AND BY INSTALLING, DOWNLOADING, COPYING, OR OTHERWISE USING THIS SOFTWARE PRODUCT, YOU ARE REPRESENTING AND WARRANTING THAT YOU HAVE THE LEGAL POWER AND AUTHORITY TO ENTER INTO THIS AGREEMENT AND TO BIND CUSTOMER TO THE TERMS HEREOF AND ACKNOWLEDGING AND AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, THEN CLICK ON THE BUTTON “I DO NOT AGREE” (OR SIMPLY EXIT THIS WEB PAGE); PLEASE DO NOT INSTALL OR USE THIS SOFTWARE PRODUCT.
This End User License Agreement (”Agreement”) is an agreement between Customer and The Relational Capital Group (“The Relational Capital Group,” “we” or “us”), which covers your use of The Relational Capital Group software product, RQ® for Salesforce, that accompanies this Agreement and related software components, which may include associated media, printed materials, and "online" or electronic documentation for software applications accessible via www.salesforce.com or another designated website or IP address, or ancillary online or offline products and services provided to you by The Relational Capital Group, to which you are being granted access under this Agreement. All such software and materials are referred to herein collectively as the "App." “Customer” means the person or entity which has contracted to purchase licenses to use the App subject to the terms of this Agreement and the professional services agreement between Customer and The Relational Capital Group (the “Professional Services Agreement”).
1. Grant of Non-Exclusive License. Upon your acceptance of this Agreement, The Relational Capital Group grants to you the non-exclusive, non-transferable, non-sublicensable, limited and revocable right to install and execute, view and use the App solely for your own internal business purposes, subject to the terms and conditions of this Agreement. All rights not expressly granted to you are retained by us or our licensors.
2. Restrictions on Use. By accessing and using the App, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement. You further agree: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, outsource, disclose or otherwise commercially exploit the App or any portion thereof or make the App or any portion thereof available to any third party; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer all or any part of the App; (c) you shall not access the App or the information contained therein in order to build a similar or competitive product or service or attempt to access the App through any unapproved interface; (d) you will not use any device, software, or routine to damage, interfere or attempt to interfere with downloads of the App or any function or use of the App; (e) except as expressly stated herein, no part of the App or its contents may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording or other means; and (f) any future release, update, or other addition to functionality of the App (if any) shall be subject to the terms of this Agreement unless The Relational Capital Group expressly states otherwise. You shall preserve all copyright and other proprietary rights notices on the App and all copies thereof. The App may contain security technology that limits your usage of the App.
3. Ownership and Content Updates. The Relational Capital Group owns all right, title and interest, including all intellectual property rights in and to the App and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you, Customer or any other party relating to the App. This App may utilize content or software that is updated from time to time. These updates are referred to as “Content Updates.” We do not and will not make Content Updates available for all Apps, but if released, you may obtain Content Updates made generally available to licensees of the same version of the App as was initially licensed to you. We reserve the right to designate specified Content Updates as requiring registration and/or purchase of a subscription, and/or another version of the App, at any time and without notice to you. This Agreement does not otherwise grant a license to obtain and use Content Updates.
4. Support Services. We may, but are not required to provide you with support services related to the App. Any services will be provided via telephone, e-mail or on-line support. Use of any such support services is governed by the policies and programs described in the App’s documentation and/or the Professional Services Agreement and/or on our website. Any supplemental software code and all materials that we provide to you as part of the support services shall be considered part of the App and is subject to the terms and conditions of this Agreement.
6. Intellectual Property Rights Reserved. The App is protected by U.S. and international copyright laws and treaties, as well as other intellectual property laws and treaties. You must not remove or alter any copyright notices on any copies of the App. This App is licensed to you, and is not sold. Furthermore, this Agreement does not grant you any rights in connection with our trademarks or service marks or those of our licensors. We reserve all intellectual property rights, including without limitation, copyrights and trademark rights.
7. Termination. This Agreement and the license granted to you herein will terminate immediately and without notice to you in the event you fail to comply with any term or condition of this Agreement and/or the Proposal/Agreement for professional services by and between The Relational Capital Group and Customer. In the event of any termination of this Agreement, you must delete all copies of the App in your possession or control.
8. Fees and Payments. You shall pay all fees for usage of the App pursuant to the terms and conditions of the Professional Services Agreement.
9. Export Restrictions. You may not export or re-export the App, any part thereof, or any process or service that is the direct product of the App (collectively referred to as the "Restricted Components"), to any country, person, or entity -- even to foreign units of your own company -- in violation of U.S. export restrictions. “Exporting” may include, without limitation, transferring copies of the App electronically over any network, including the Internet.
10. NO WARRANTIES. TO THE FULL EXTENT PERMITTED UNDER APPLICABLE LAWS, THIS APP IS PROVIDED "AS-IS” AND AS AVAILABLE, SOLELY AS A SERVICE TO YOU. THE RELATIONAL CAPITAL GROUP (FOR ITSELF AND ITS THIRD PARTY SUPPLIERS AND LICENSORS) MAKES NO WARRANTIES OF ANY KIND AS TO ITS USE, PERFORMANCE, OR OTHERWISE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE RELATIONAL CAPITAL GROUP (AND ITS THIRD PARTY SUPPLIERS AND LICENSORS) EXPRESSLY DISCLAIM ALL OTHER REPRESENTATIONS, WARRANTIES, AND CONDITIONS, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. THE RELATIONAL CAPITAL GROUP DOES NOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM THE USE OF THE APP. THE RELATIONAL CAPITAL GROUP MAKES NO WARRANTY THAT THE APP OR ITS USE WILL BE UNINTERRUPTED, FREE OF VIRUSES OR OTHER HARMFUL CODE, TIMELY, SECURE, OR ERROR-FREE. YOU AGREE THAT THE RELATIONAL CAPITAL GROUP IS NOT RESPONSIBLE FOR THE TIMELINESS, DELETION, MIS-DELIVERY, OR FAILURE TO STORE ANY COMMUNICATIONS OR PERSONALIZATION OR PREFERENCE SETTINGS. THE RELATIONAL CAPITAL GROUP DOES NOT ASSUME ANY OBLIGATION TO MONITOR ACTIVITIES CONDUCTED USING THE APP. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
11. LIMITATION OF LIABILITY. IN NO EVENT SHALL THE RELATIONAL CAPITAL GROUP (OR ITS THIRD PARTY SUPPLIERS AND LICENSORS) BE LIABLE FOR ANY COSTS OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS INFORMATION) ARISING OUT OF THIS AGREEMENT, OR THE USE OF OR INABILITY TO USE THE APP, OR FOR ANY CLAIM BY ANY OTHER PARTY, EVEN IF THE RELATIONAL CAPITAL GROUP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, THE RELATIONAL CAPITAL GROUP'S (AND ITS THIRD PARTY SUPPLIERS' AND LICENSORS') ENTIRE LIABILITY ARISING OUT OF THIS AGREEMENT AND THE USE OF THE APP SHALL BE LIMITED TO U.S. $50.00. THE EXISTENCE OF ONE OR MORE CLAIMS WILL NOT SERVE TO ENLARGE THIS LIMIT. YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS OF THE RELATIONAL CAPITAL GROUP’S LIABILITY ARE (A) REASONABLE IN LIGHT OF YOUR ABILITY TO USE THE APP AT THE FEES CHARGED BY THE RELATIONAL CAPITAL GROUP AND (B) ESSENTIAL AND FUNDAMENTAL PARTS OF THIS AGREEMENT WHICH ARE NECESSARY TO INDUCE THE RELATIONAL CAPITAL GROUP TO ENTER INTO THIS AGREEMENT. THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY THE LAW APPLICABLE TO YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
12. Your Indemnification of The Relational Capital Group. You agree to indemnify, defend and hold The Relational Capital Group, its subsidiaries, affiliates, officers, agents, and other partners and their employees, harmless from any loss, liability, claim, demand, costs, or expenses, including reasonable attorney's fees, brought by any third party arising from or out of, or relating in any way to: (a) your use of the App or any part thereof, or (b) your breach of this Agreement.
13. Confidentiality. As used herein, “Confidential Information” means all confidential information disclosed by a party (“Disclosing Party”) to the other party (“Receiving Party”), whether orally or in writing, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure. Confidential Information of each party shall include the terms and conditions of this Agreement, as well as business and marketing plans, technology and technical information, product plans and designs, and business processes disclosed by such party. However, Confidential Information shall not include any information that (i) is or becomes generally known to the public without breach of any obligation owed to the Disclosing Party, (ii) was known to the Receiving Party prior to its disclosure by the Disclosing Party without breach of any obligation owed to the Disclosing Party, (iii) is received from a third party without breach of any obligation owed to the Disclosing Party, or (iv) was independently developed by the Receiving Party.
Except as otherwise permitted in writing by the Disclosing Party, (i) the Receiving Party shall use the same degree of care that it uses to protect the confidentiality of its own confidential information of like kind (but in no event less than reasonable care) not to disclose or use any Confidential Information of the Disclosing Party for any purpose outside the scope of this Agreement, and (ii) the Receiving Party shall limit access to Confidential Information of the Disclosing Party to those of its employees, contractors and agents who need such access for purposes consistent with this Agreement and who have signed confidentiality agreements with the Receiving Party containing protections no less stringent than those herein.
The Receiving Party may disclose Confidential Information of the Disclosing Party if it is compelled by law to do so, provided the Receiving Party gives the Disclosing Party prior notice of such compelled disclosure (to the extent legally permitted) and reasonable assistance, at the Disclosing Party’s cost, if the Disclosing Party wishes to contest the disclosure. If the Receiving Party is compelled by law to disclose the Disclosing Party’s Confidential Information as part of a civil proceeding to which the Disclosing Party is a party, and the Disclosing Party is not contesting the disclosure, the Disclosing Party will reimburse the Receiving Party for its reasonable cost of compiling and providing secure access to such Confidential Information.
14. Information and Data. The Relational Capital Group does not own any data, information or material provided or submitted by you to the App (the “Customer Data”). You, not The Relational Capital Group, shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use all Customer Data, and The Relational Capital Group shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any Customer Data. You acknowledge that Salesforce.com, and not The Relational Capital Group, stores Customer Data. In the event this Agreement is terminated for any reason, (1) your right to access or use Customer Data via the App immediately ceases, and (2) it will not be The Relational Capital Group’s responsibility to make available to you a file of the Customer Data upon termination.
15. Electronic Communications. Communications between you and The Relational Capital Group will be conducted using electronic means, through our website at www.relcapgroup.com, via e-mail, text, SMS or other means now or hereafter used. For contractual purposes, you (a) consent to receive communications from us in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if in a hardcopy written form. The foregoing does not affect your non-waivable rights, if any.
16. Governing Law; Amendments; Entire Agreement. This Agreement is governed by and shall be construed in accordance with the laws of the Commonwealth of Pennsylvania, excluding the application of its conflict of law rules. The United Nations Convention for the International Sale of Goods shall not apply. Notwithstanding any other provisions herein, the parties agree that no person or entity (including any other member) shall be deemed a third-party beneficiary of this Agreement. If any provision of this Agreement is found to be invalid or unenforceable, such provision will be changed and interpreted to accomplish the objectives to the greatest extent possible under any applicable law and the remaining provisions will continue in full force and effect. The failure of The Relational Capital Group to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement may be amended by us from time to time. If we make material changes to the Agreement, we will post the changes on our website or by e-mail to you at the last address you provided to us. You agree that such amended Agreement will be effective upon posting on our website, and your continued access to the App thereafter shall constitute your acceptance of the amended Agreement. This Agreement and the Professional Services Agreement, including all exhibits and addenda thereto, constitutes the entire agreement between the parties and supersedes all prior and contemporaneous agreements, proposals or representations, written or oral, concerning the subject matter thereof.
17. Copyright/Trademark Information. Copyright © 2012 The Relational Capital Group. All rights reserved. The trademarks, logos and service marks ("Marks") displayed are our property or may be the property of third parties. Certain uses of Marks require the permission of the owner. If you are interested in using our Marks for any purpose, please contact The Relational Capital Group to determine whether such a use requires authorization.
BY CLICKING ON THE BUTTON “I AGREE,” YOU ARE ACCEPTING AND AGREEING TO THE TERMS OF THIS AGREEMENT AND REPRESENTING AND WARRANTING THAT YOU ARE AUTHORIZED TO DO SO. IF YOU ARE NOT WILLING TO BE BOUND BY THE TERMS OF THIS AGREEMENT, THEN CLICK ON THE BUTTON “I DO NOT AGREE,” OR SIMPLY EXIT THIS WEB PAGE, AND DO NOT INSTALL OR USE THIS APP.