HomeFree Community Software – Terms and Conditions | Augmentt
Augmentt Free Community Software
Terms & Conditions
These Terms of Service (together with any documents referred to in them) (collectively, these “Terms) are between You and Augmentt Technology Inc. (“Augmentt,” “we,” “us,” or “ours”). These terms govern your license and use of the Free Community Software (“Software”) you downloaded or accessed via www.augmentt.com or one of its affiliated sites.
1. Grant of License
a. FreeCommunity Software Subscription. Augmentt grants to You a nonexclusive, non-transferable, non-supported, limited license, to Use and access the Software, including all Updates, for Your business purposes only.
b. Copies of Software.Notwithstanding any other provision of these Terms, You are permitted to make copies of the software.
c. Automatic Updates. Augmentt may automatically use the Internet to search for Updates for the Software. Such Updates may install automatically. Augmentt does not warrant that Modifications caused by the Updates will be compatible with your specific environment.
2. OWNERSHIP AND RIGHTS OF USE
a. Ownership. Augmentt own all intellectual property rights in and to the Software, including, without limitation, all copyrights in the Software (including the look and feel), trademarks, trade dress, and trade secrets. You acknowledge that the Software contains trade secrets of Augmentt, its suppliers, or licensors, including but not limited to, the specific internal design and structure of individual programs and associated interface information. Your rights to Use the Software are limited to those expressly granted by these Terms. You are granted no implied licenses to any other intellectual property rights other than as specifically granted herein.
b. Open Source and Third Party Software.The Software may contain or be distributed with third party software covered by an open source license (See Schedule A) that supersedes the licensing terms of these Terms to the extent required by that open source license. All open source software is provided WITHOUT ANY WARRANTY INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
c. Proprietary Notices.You agree to maintain and reproduce all copyright, trademarks and other proprietary notices on all copies, in any form, of the Software in the same form and manner that such copyright and other proprietary notices are included on the Software.
d. Suggestions.Augmentt shall have a royalty-free, worldwide, transferable, sublicensable, irrevocable, perpetual license to use or incorporate in the Software any suggestion, enhancement requests, recommendations or other feedback provided by You, including Users, relating to the operation, features or functionality of the Software.
3. ACCOUNTS AND AUTHORIZED USERS
a. Authorized Use.You are responsible for ensuring all Users are authorized to access the Software, and are informed of, and abide by, the terms and conditions of the licenses granted in these Terms.
b. The Software License Key.The Software may require activation via a license key. Software requiring activation by a license key will require an Internet connection to complete activation. Activation via a license key will result in the computer installed with Software to transmit the license key to Augmentt via the Internet for activation of the Software.
4. TERM AND TERMINATION
a. Term. The term (“Term”) will commence upon acceptance of these Terms and remain in effect until terminated. Termination of your Augmentt Community Software will remain in effect until you uninstall the software and destroy all copies of the Software.
i. Termination for Cause. If either party breaches any of the terms or conditions of these Terms and fails to cure such breach within 30 days after written notice thereof, the other party shall have the right to terminate these Terms with written notice.
ii. Automatic Termination. On termination or non-renewal, these Terms shall automatically terminate.
iii. Effect of Termination. On termination of these Terms, without limiting either party’s rights and remedies at law or in equity, but subject to any exclusive remedies herein:
1. Software licenses shall immediately terminate and You shall, and shall ensure all Users shall, immediately cease use of the Software.
2. Upon termination, You shall destroy all copies of the Software.
3. Termination of these Terms for any reason shall not affect past sums due under these Terms.
iv. Surviving Provisions. Sections 8 (Indemnification), 4.b.iii (Effect of Termination), 4.b.iv (Surviving Provisions), 2 (Ownership), 5 (Confidentiality), 8 (General Provisions), and (9) Definitions, and any terms stated to survive in Sales Order shall survive any termination of these Terms.
a. Definition of Confidential Information.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. However, Confidential Information shall not include any information that (a) is or becomes generally known to the public without breach of any obligation owed to the Disclosing Party, (b) was known to the Receiving Party prior to its disclosure by the Disclosing Party without breach of any obligation owed to the Disclosing Party, (c) is received from a third party without breach of any obligation owed to the Disclosing Party, or (d) was independently developed by the Receiving Party without use of the Disclosing Party’s Confidential Information.
b. Protection of Confidential Information.Except as otherwise permitted in writing by the Disclosing Party, (a) the Receiving Party shall only use the Confidential Information for the purposes set forth in these Terms, (b) 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) to protect the Confidential Information of the Disclosing Party, and (c) the Receiving Party shall limit access to Confidential Information of the Disclosing Party to those of its employees, vendors, contractors, and agents who need such access for purposes consistent with these Terms and who have signed confidentiality agreements with the Receiving Party containing protections no less stringent than those herein.
c. Compelled Disclosure. 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 written 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.
6. Warranty.THE SOFTWARE FURNISHED BY AUGMENTT AND ACCEPTED BY YOU ARE PROVIDED “AS IS” AND WITHOUT ANY WARRANTY WHATSOEVER. ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, ARE SPECIFICALLY EXCLUDED AND DISCLAIMED BY AUGMENTT. AUGMENTT DOES NOT WARRANT THAT THE SOFTWARE OR ASSOCIATED DOCUMENTATION WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE. EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE IS WITH YOU. AUGMENTT EXPRESSLY DISCLAIMS ANY WARRANTY WITH RESPECT TO ANY THIRD PARTY SOFTWARE PRODUCTS OR DEVICES THAT MAY COMMUNICATE WITH THE SOFTWARE. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES SO THIS EXCLUSION MAY NOT APPLY TO YOU.
7. Limitation of Liability. IN NO EVENT WILL AUGMENTT BE LIABLE TO YOU FOR ANY LOST PROFITS, LOST SAVINGS, LOST DATA, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, LOST REVENUE, BUSINESS INTERRUPTION, LOSS OF CAPITAL OR OTHER SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES ARISING OUT OF OR RELATING TO THESE TERMS OR THE SOFTWARE FURNISHED OR TO BE FURNISHED BY AUGMENTT UNDER THESE TERMS OR THE USE THEREOF, EVEN IF AUGMENTT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. THE AGGREGATE LIABILITY OF AUGMENTT UPON ANY AND ALL CLAIMS HOWSOEVER ARISING OUT OF OR RELATING TO THESE TERMS OR THE SOFTWARE FURNISHED OR TO BE FURNISHED BY AUGMENTT UNDER THESE TERMS WILL IN ANY EVENT BE ABSOLUTELY LIMITED TO THE LICENSE FEE ACTUALLY PAID BY YOU DURING THE TWELVE (12) MONTHS PRIOR TO THE FIRST EVENT GIVING RISE TO SUCH LOSS, COST, CLAIM, LEGAL ACTION OR DAMAGE UNDER ANY SALES ORDER TO WHICH THE CLAIM RELATES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THESE LIMITATIONS MAY NOT FULLY APPLY TO YOU. No claim, regardless of form, which in any way arises out of these Terms, may be made or brought by Customer or Customer’s representatives more than two (2) years after the basis for the claim becomes known to Customer.
8. GENERAL PROVISIONS.
a. Enforcement/Choice of Law/Choice of Forum.Every provision of these Terms will be construed, to the extent possible, so as to be valid and enforceable. If any provision of these Terms so construed is held by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable, such provision will be modified by a court of competent jurisdiction to be valid and enforceable while maintaining as close as possible the intent of the parties as indicated by the wording of these Terms or, if the provision cannot be so modified, deemed severed from these Terms, and all other provisions will remain in full force and effect. The laws of the Province of Ontario, excluding its conflicts of law rules, govern these Terms and Your use of the Software. Your use of the Software may also be subject to other local, provincial/state, national, or international laws. Any action between the parties will be venued in a provincial or federal court situated within the Province of Ontario, and You irrevocably submit Yourself to the personal jurisdiction of such courts for such purpose.
c. No Joint Venture.These Terms shall not be construed as creating or constituting any partnership, joint venture or agency relationship between the parties.
d. Assignment and Resale.Augmentt may assign its rights and obligations under these Terms but Your rights under these Terms are not assignable or transferable. You agree not to sell or resell the Software or any portion thereof. These Terms will be binding upon and inure to the benefit of the parties and their respective successors and permitted assigns.
e. Customer Identification. You agree that Augmentt may identify You as a customer and use Your logo(s) solely for the purpose of customer identification in sales presentations and/or marketing materials.
f. No Third Party Beneficiaries.No third-party beneficiaries are intended or shall be construed as created by virtue of these Terms.
a. “Free Community Software”means all free software Augmentt makes available to download from its Website under the brand “Augmentt Free Community Software”. It does not include Augmentt Discover, Augmentt Secure, Augmentt Engage, Augmentt Backup, Augmentt Analytics or any other paid-for Augmentt software products.
b. “Device”means Your computer, tablet, smartphone, or any other electronic device.
c. “Documentation”as used in these Terms means written information (whether contained in user or technical manuals, training materials, specifications or otherwise) specifically pertaining to the Software and made available by Augmentt with the Software.
d. “Updates”means any and all bug fixes, error corrections, improvements, modifications, revisions and updates to the Augmentt Software then-currently licensed that Augmentt makes available to You.
e. “Use” or “Using”means to download, install, activate, access, or otherwise use the Software.
f. “User”means the individuals who are authorized by You to use the Software. Users may include employees or contractors registered by name as registered users.
g. “User Data”means all content, data, or other information stored, shared, collected, or otherwise submitted by You or the Software.
h. “Website” means the domains, including www.augmentt.com, that allow Users access to the Software from the supported browsers. Additional domains may be added from time to time.
Open Source License – BSD – 3 Clause License
Copyright (c) 2017, salesforce.com, inc.
Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:
Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.
Neither the name of the copyright holder nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission.
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 HOLDER 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.
Open Source License – Apache License
Version 2.0, January 2004
TERMS AND CONDITIONS FOR USE, REPRODUCTION, AND DISTRIBUTION
“License” shall mean the terms and conditions for use, reproduction, and distribution as defined by Sections 1 through 9 of this document.
“Licensor” shall mean the copyright owner or entity authorized by the copyright owner that is granting the License.
“Legal Entity” shall mean the union of the acting entity and all other entities that control, are controlled by, or are under common control with that entity. For the purposes of this definition, “control” means (i) the power, direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, or (ii) ownership of fifty percent (50%) or more of the outstanding shares, or (iii) beneficial ownership of such entity.
“You” (or “Your“) shall mean an individual or Legal Entity exercising permissions granted by this License.
“Source” form shall mean the preferred form for making modifications, including but not limited to software source code, documentation source, and configuration files.
“Object” form shall mean any form resulting from mechanical transformation or translation of a Source form, including but not limited to compiled object code, generated documentation, and conversions to other media types.
“Work” shall mean the work of authorship, whether in Source or Object form, made available under the License, as indicated by a copyright notice that is included in or attached to the work (an example is provided in the Appendix below).
“Derivative Works” shall mean any work, whether in Source or Object form, that is based on (or derived from) the Work and for which the editorial revisions, annotations, elaborations, or other modifications represent, as a whole, an original work of authorship. For the purposes of this License, Derivative Works shall not include works that remain separable from, or merely link (or bind by name) to the interfaces of, the Work and Derivative Works thereof.
“Contribution” shall mean any work of authorship, including the original version of the Work and any modifications or additions to that Work or Derivative Works thereof, that is intentionally submitted to Licensor for inclusion in the Work by the copyright owner or by an individual or Legal Entity authorized to submit on behalf of the copyright owner. For the purposes of this definition, “submitted” means any form of electronic, verbal, or written communication sent to the Licensor or its representatives, including but not limited to communication on electronic mailing lists, source code control systems, and issue tracking systems that are managed by, or on behalf of, the Licensor for the purpose of discussing and improving the Work, but excluding communication that is conspicuously marked or otherwise designated in writing by the copyright owner as “Not a Contribution.”
“Contributor” shall mean Licensor and any individual or Legal Entity on behalf of whom a Contribution has been received by Licensor and subsequently incorporated within the Work.
2. Grant of Copyright License. Subject to the terms and conditions of this License, each Contributor hereby grants to You a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable copyright license to reproduce, prepare Derivative Works of, publicly display, publicly perform, sublicense, and distribute the Work and such Derivative Works in Source or Object form.
3. Grant of Patent License. Subject to the terms and conditions of this License, each Contributor hereby grants to You a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable (except as stated in this section) patent license to make, have made, use, offer to sell, sell, import, and otherwise transfer the Work, where such license applies only to those patent claims licensable by such Contributor that are necessarily infringed by their Contribution(s) alone or by combination of their Contribution(s) with the Work to which such Contribution(s) was submitted. If You institute patent litigation against any entity (including a cross-claim or counterclaim in a lawsuit) alleging that the Work or a Contribution incorporated within the Work constitutes direct or contributory patent infringement, then any patent licenses granted to You under this License for that Work shall terminate as of the date such litigation is filed.
4. Redistribution. You may reproduce and distribute copies of the Work or Derivative Works thereof in any medium, with or without modifications, and in Source or Object form, provided that You meet the following conditions:
1.You must give any other recipients of the Work or Derivative Works a copy of this License; and
2. You must cause any modified files to carry prominent notices stating that You changed the files; and
3. You must retain, in the Source form of any Derivative Works that You distribute, all copyright, patent, trademark, and attribution notices from the Source form of the Work, excluding those notices that do not pertain to any part of the Derivative Works; and
4. If the Work includes a “NOTICE” text file as part of its distribution, then any Derivative Works that You distribute must include a readable copy of the attribution notices contained within such NOTICE file, excluding those notices that do not pertain to any part of the Derivative Works, in at least one of the following places: within a NOTICE text file distributed as part of the Derivative Works; within the Source form or documentation, if provided along with the Derivative Works; or, within a display generated by the Derivative Works, if and wherever such third-party notices normally appear. The contents of the NOTICE file are for informational purposes only and do not modify the License. You may add Your own attribution notices within Derivative Works that You distribute, alongside or as an addendum to the NOTICE text from the Work, provided that such additional attribution notices cannot be construed as modifying the License.You may add Your own copyright statement to Your modifications and may provide additional or different license terms and conditions for use, reproduction, or distribution of Your modifications, or for any such Derivative Works as a whole, provided Your use, reproduction, and distribution of the Work otherwise complies with the conditions stated in this License.
5. Submission of Contributions. Unless You explicitly state otherwise, any Contribution intentionally submitted for inclusion in the Work by You to the Licensor shall be under the terms and conditions of this License, without any additional terms or conditions. Notwithstanding the above, nothing herein shall supersede or modify the terms of any separate license agreement you may have executed with Licensor regarding such Contributions.
6. Trademarks. This License does not grant permission to use the trade names, trademarks, service marks, or product names of the Licensor, except as required for reasonable and customary use in describing the origin of the Work and reproducing the content of the NOTICE file.
7. Disclaimer of Warranty. Unless required by applicable law or agreed to in writing, Licensor provides the Work (and each Contributor provides its Contributions) on an “AS IS” BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied, including, without limitation, any warranties or conditions of TITLE, NON-INFRINGEMENT, MERCHANTABILITY, or FITNESS FOR A PARTICULAR PURPOSE. You are solely responsible for determining the appropriateness of using or redistributing the Work and assume any risks associated with Your exercise of permissions under this License.
8. Limitation of Liability. In no event and under no legal theory, whether in tort (including negligence), contract, or otherwise, unless required by applicable law (such as deliberate and grossly negligent acts) or agreed to in writing, shall any Contributor be liable to You for damages, including any direct, indirect, special, incidental, or consequential damages of any character arising as a result of this License or out of the use or inability to use the Work (including but not limited to damages for loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses), even if such Contributor has been advised of the possibility of such damages.
9. Accepting Warranty or Additional Liability. While redistributing the Work or Derivative Works thereof, You may choose to offer, and charge a fee for, acceptance of support, warranty, indemnity, or other liability obligations and/or rights consistent with this License. However, in accepting such obligations, You may act only on Your own behalf and on Your sole responsibility, not on behalf of any other Contributor, and only if You agree to indemnify, defend, and hold each Contributor harmless for any liability incurred by, or claims asserted against, such Contributor by reason of your accepting any such warranty or additional liability.
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