Ultra Field History Tracker End User License Agreement ####This is an agreement between (“You”) and Eternus Solutions Private Limited, located at NSG IT Park, Sarjaa Rd, Sanewadi, Aundh, Pune, Maharashtra 411007, India (“Eternus Solutions”) regarding Your use of the Ultra Field History Tracker(UFHT) for Salesforce software and any associated documentation, software code or other materials made available by Eternus Solutions (collectively referred to in this agreement as the “SOFTWARE”). ####Access to and use of Eternus Solutions services are governed by additional terms and conditions to which You must agree. This agreement applies to any updates, supplements or support services for the SOFTWARE, unless other terms accompany those items. If so, those other terms apply. By installing, accessing or otherwise using the SOFTWARE, you accept the terms of this agreement. If You do not agree to the terms of this agreement, do not install, access or use the SOFTWARE##If You comply with this agreement, you have the rights below.####1) USE OF THE SOFTWARE. Subject to Your compliance with this agreement, Eternus Solutions hereby authorizes you to use the SOFTWARE solely for the purpose of storing and accessing the history data as per your requirements. You may not rent, lease or lend any of your rights to the SOFTWARE.####2) SCOPE OF LICENSE. The SOFTWARE is licensed, not sold. This agreement only gives you rights to use the SOFTWARE. Eternus Solutions reserves all other rights. Unless applicable law gives You more rights despite this limitation, you may use the SOFTWARE only as expressly permitted in this agreement. In doing so, you must comply with any technical limitations in the SOFTWARE that only allow You to use it in certain ways. You may not ## a) reverse engineer, decompile or disassemble the SOFTWARE, except and only to the extent that applicable law expressly permits, despite this limitation ## b) make more copies of the SOFTWARE than specified in this agreement, except and only to the extent applicable law expressly permits, despite this limitation ## c) publish the SOFTWARE for others to copy; or ## d) rent, lease or lend the SOFTWARE.####3) USE OF THE SERVICES. Your use of the Services, and the use of the Services by anyone hosting or using your Authorized Application, is governed by the terms and conditions outlined in this Agreement.####4) EXPORT RESTRICTIONS. THE SOFTWARE IS SUBJECT TO EXPORT LAWS AND REGULATIONS. IF APPLICABLE, YOU MUST COMPLY WITH ALL DOMESTIC AND INTERNATIONAL EXPORT LAWS AND REGULATIONS THAT APPLY. THESE LAWS INCLUDE RESTRICTIONS ON DESTINATIONS, END USERS AND END USE.####5) SUPPORT. Eternus Solutions shall provide you with basic email support, for the Purchased Services, during the applicable Subscription Term. With respect to any technical or other information You provide to Eternus Solutions in connection fwith the Support Services, you agree that Eternus Solutions has an unrestricted right to use such information for its business purposes, including for product support and development. Eternus Solutions will not use such information in a form that personally identifies You####6) FEES. [RESERVED]####7) TERMINATION. Eternus Solutions reserves the right to discontinue offering the SOFTWARE, APIs and Services or to modify the SOFTWARE, APIs or Services at any time in its sole discretion. If You are dissatisfied with any aspect of the SOFTWARE, APIs or Services at any time, your sole and exclusive remedy is to cease using them. Notwithstanding anything contained in the agreement to the contrary, Eternus Solutions may also, in its sole discretion, terminate or suspend access to the APIs and Services to You or any end user at any time. You acknowledge that termination and/or monetary damages may not be a sufficient remedy if You breach this agreement and that Eternus Solutions may be entitled, without waiving any other rights or remedies, to seek injunctive or equitable relief as may be deemed proper by a court of competent jurisdiction in the event of a breach. This Section and Sections 3, 4, 6, 9, 11, 12, 13, and 14will survive termination of this agreement or any discontinuation of the offering of the SOFTWARE, APIs or Services, along with any other provisions that would reasonably be deemed to survive such events.####8) RESERVATION OF RIGHTS. Except for the licenses expressly granted under this Agreement, Eternus Solutions and its suppliers retain all right, title and interest in and to the SOFTWARE, APIs, Services, and all intellectual property rights therein. You are not authorized to alter, modify, copy, edit, format, create derivative works of or otherwise use any materials, content or technology provided under this Agreement except as explicitly provided in this agreement or approved in advance in writing by Eternus Solutions.####9) MODIFICATIONS; NOTICES. If we change this contract, then we will give you notice before the change is in force. If you do not agree to these changes, then you must cancel and stop using the SOFTWARE, Services and APIs before the changes are in force. If you do not stop using the SOFTWARE, Services or APIs, then your use of the SOFTWARE, Services or APIs will continue under the changed contract.####10) ENTIRE AGREEMENT. This agreement, and any applicable TOU or contract for Services, are the entire agreement with respect to the SOFTWARE, the Services and the APIs.####11) APPLICABLE LAW a) United States. If You acquired the SOFTWARE in the United States, Illinois state law governs the interpretation of this agreement and applies to claims for breach of it, regardless of conflict of laws principles. The laws of the state where You live govern all other claims, including claims under state consumer protection laws, unfair competition laws, and in tort. b) Outside the United States. If You acquired the SOFTWARE in any other country, the laws of that country apply.####12) LEGAL EFFECT. This agreement describes certain legal rights. You may have other rights under the laws of Your country. This agreement does not change Your rights under the laws of Your country if the laws of Your country do not permit it to do so.####13) DISCLAIMER OF WARRANTY. The SOFTWARE is licensed “as-is.” You bear the risk of using it. Eternus Solutions gives no express or implied warranties, guarantees or conditions. You may have additional consumer rights under Your local laws which this agreement cannot change. To the extent permitted under Your local laws, Eternus Solutions excludes the implied warranties of merchantability, fitness for a particular purpose and non-infringement.####14) LIMITATION ON AND EXCLUSION OF REMEDIES AND DAMAGES. The parties can recover from each other only direct damages up to U.S. $5.00. The parties cannot recover any other damages, including##consequential, lost profits, special, indirect, incidental or any other type of damages. This limitation##applies to#### a) anything related to the SOFTWARE, services, content (including code) on third party Internet## sites, or third party programs; and## b) claims for breach of contract, breach of warranty, guarantee or condition, strict liability,## negligence, or other tort to the extent permitted by applicable law.## ##It applies even if the parties knew or should have known about the possibility of the damages. The above##limitation or exclusion may not apply to You because Your country may not allow the exclusion or##limitation of incidental, consequential or other damages. For the avoidance of doubt, there limitations##and exclusions shall not limit Eternus Solutions’ intellectual property indemnification provisions in the##attached Addendum.
