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Think of how easy it is to select multiple products when configuring an Opportunity. Wouldn't it be great if you had that same functionality in other salesforce objects? Well, now you can with PickAnything!
TERMS AND CONDITIONS
PLEASE REVIEW THESE TERMS AND CONDITIONS (THIS “AGREEMENT”) CAREFULLY AS IT CONSTITUTES A LEGAL AGREEMENT BETWEEN YOU (“YOU” OR “CUSTOMER”) AND PRETTY ENGINE - 9098194 CANADA INC. (“PRETTY ENGINE”). BY PURCHASING, DOWNLOADING, INSTALLING, OR OTHERWISE USING PRETTY ENGINE FOR SALESFORCE (THE “APPLICATION”), YOU HEREBY AGREE TO BE BOUND BY EACH OF THE TERMS AND CONDITIONS SET FORTH HEREIN. IF YOU DO NOT AGREE WITH ANY SUCH TERM OR CONDITION, YOU MAY NOT PURCHASE, DOWNLOAD, INSTALL, COPY OR OTHERWISE USE THE APPLICATION.
1. USE OF APPLICATION WITH THE SERVICE. The Application provides the Customer with an interface between Customer’s Salesforce account and Pretty Engine solutions and services. In order to use the Application, Customer must subscribe for, and maintain in good standing, a Pretty Engine customer account (the “Customer Account”). Accordingly, Customer’s use of the Application is, and shall be, subject to the terms and conditions set forth in Pretty Engine's end user services agreement, which is incorporated herein by reference and which hereby is accepted by Customer. Except as otherwise expressly set forth herein, in the event of a conflict between any term or condition set forth herein, the term or condition which most favors Pretty Engine, as determined by Pretty Engine, shall govern. As part of consideration for use of Service, Pretty Engine, at its discretion, may use reference to Customer in promoting and marketing its Service.
2. LICENSE GRANT. The Application and all intellectual property rights associated therewith are and shall remain the sole and exclusive property of Pretty Engine. Accordingly, Customer acknowledges that Pretty Engine owns all right, title and interest in and to the Application, including, without limitation, all applicable copyrights, trademark rights, trade secret rights, and all other proprietary rights pertaining thereto; provided, however, that subject to the terms and conditions set forth herein, Pretty Engine hereby grants to Customer a personal, limited, revocable, nonexclusive, non-sub licensable and non-transferable license to use the Application in connection with the Service. Except as expressly granted in this Agreement, Customer will not have or acquire any rights or interest in or to the Application. Customer acknowledges that the Application contains proprietary information and trade secrets of Pretty Engine. Customer will not take any actions inconsistent with Pretty Engine ownership of any of Pretty Engine rights in and to the Application. Customer agrees that Customer will not directly or indirectly: (i) assign, distribute, license, sublicense, transfer, sell, rent, lease, time share, grant a security interest in, or otherwise transfer any rights in or to the Application, or make the Application available to third parties except as authorized by this Agreement; (ii) modify, translate, reverse engineer, decompile or disassemble the Application for any purpose, including without limitation, the creation of derivative works or similar products; (iii) upload, link to or post any portion of the Application on a bulletin board, intranet, extranet or web site; (iv) use or distribute the Application in violation of any applicable laws, regulations or export restrictions; or (v) possess or use the Application in any format other than machine-readable format. All rights in the Application not explicitly granted herein are reserved by Pretty Engine.
3. OBLIGATION TO SUPPORT. With respect to the Application, Pretty Engine will use commercially reasonable efforts to provide Customer with customer support in accordance with Pretty Engine standard business practices and policies. Pretty Engine has no obligation to provide maintenance or installation services of any kind, error corrections, bug fixes, patches, updates or other modifications to the Application (“Fixes”). In the event that Pretty Engine provides any Fixes to Customer, such Fixes will be considered part of the Application and will be subject to the terms and conditions set forth herein. Support requests, questions, complaints and claims regarding the Application may be directed on the website at www.PrettyEngine.com
4. DISCLAIMER OF WARRANTIES. THE APPLICATION IS PROVIDED “AS IS” AND “AS AVAILABLE” AND WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PRETTY ENGINE AND ANY RELATED AFFILIATES, RESELLERS, DISTRIBUTORS, DEALERS AND SUPPLIERS (COLLECTIVELY, THE “REPRESENTATIVES”) DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED, INCLUDING (WITHOUT LIMITATION) ANY WARRANTY AS TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, TITLE, OR NON-INFRINGEMENT, WITH RESPECT TO THE APPLICATION. THE REPRESENTATIVES DO NOT WARRANT THAT THE APPLICATION WILL MEET CUSTOMER’S REQUIREMENTS NOR DO THEY GIVE ANY WARRANTY ABOUT THE RESULTS THAT MAY BE OBTAINED BY USING THE APPLICATION.
5. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL PRETTY ENGINE OR ANY REPRESENTATIVE BE LIABLE TO CUSTOMER OR ANY OTHER PARTY FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATED TO THE APPLICATION OR TO THE PERFORMANCE OF THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF DATA, LOSS OF USE, OR LOSS OF PROFITS, EVEN IF PRETTY ENGINE OR ITS REPRESENTATIVE HAS BEEN ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. FURTHER, IN NO EVENT WILL PRETTY ENGINE OR ANY REPRESENTATIVE’S TOTAL CUMULATIVE LIABILITY TO CUSTOMER OR ANY OTHER PARTY FOR CLAIMS, LOSSES, OR DAMAGES OF ANY KIND, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, INDEMNITY OR OTHERWISE, ARISING OUT OF OR RELATED IN ANY WAY TO THIS AGREEMENT OR THE APPLICATION EXCEED THE ACTUAL FEES CUSTOMER PAID TO Pretty Engine FOR THE SERVICES DURING THE TWELVE (12)- MONTH PERIOD ENDING ON THE DATE OF THE CAUSE OF ACTION GIVING RISE TO SUCH CLAIM, LOSS, OR DAMAGE.
6. DATA ACCESS, TRANSFERS AND USE. By using the Application, Customer hereby grants Pretty Engine the automatic right to access its Customer Account through the Application and hereby consents to automatic transfers of Customer’s data between its Customer Account and Customer’s Salesforce account during the course thereof. In addition, Customer acknowledges that Pretty Engine may receive from Salesforce certain information about Customer’s configuration and usage of the Application. To the extent that Customer’s data is transmitted or resides out of the Pretty Engine system, Customer hereby acknowledges and agrees that Pretty Engine will not be responsible for the privacy, security or integrity of such data, including, but not limited to, for any alteration, modification, loss or damage to such data, as a result of Customer’s use of the Application and/or the Services. Customer hereby releases Pretty Engine from any claim arising from Pretty Engine use of Customer data and information in accordance with the terms and conditions set forth in this Section 6, including, without limitation, any claim that Pretty Engine breached any term or condition set forth herein.
8. TERM. This Agreement shall commence on the earlier of the date the Application is downloaded, installed, purchased or used by Customer and shall terminate upon the earliest to occur of: (i) the termination or cancellation of the Customer Account; (ii) Customer’s de-installation or removal of the Application; (iii) Customer’s breach of any term or condition, or of any of its representations or warranties, set forth herein; (iv) Salesforce.com, Inc.’s exercise of its right to terminate Customer’s access to the Application pursuant to the User Agreement or any other terms and conditions governing access to the Application; and (v) any termination of the AppExchange Terms and Conditions accepted by Pretty Engine.