 |
Propel PBM
READ THE FOLLOWING TERMS OF SERVICE AND SOFTWARE LICENSE AGREEMENT (COLLECTIVELY "AGREEMENT") CAREFULLY. BY CLICKING ON THE "I ACCEPT" BUTTON, OR SIMILAR BUTTON, OR INSTALLING OR OTHERWISE USING THE PROPEL PBM SOFTWARE (THE "SOFTWARE") LICENSED BY PROPEL SOFTWARE CORPORATION ("PROPEL") TO YOU ("YOU" OR "YOUR"), THE INDIVIDUAL USING THE SOFTWARE, YOU ARE UNCONDITIONALLY CONSENTING TO BE BOUND BY THE AGREEMENT. IF YOU DO NOT UNCONDITIONALLY AGREE TO ALL THE TERMS OF THE AGREEMENT, CLICK THE "I DO NOT ACCEPT" BUTTON, OR SIMILAR BUTTON, DO NOT COMPLETE THE SUBSCRIPTION PROCESS, OR OTHERWISE INDICATE YOUR REFUSAL, AND MAKE NO USE OF THE SOFTWARE.
Propel PBM
TERMS OF SERVICE
PBM PRODUCT, SOFTWARE AND PBM UPDATE SERVICE DESCRIPTIONS; ACCEPTANCE OF TERMS THROUGH USE
The Software license grant and the PBM Update Service (collectively the "PBM Product") are being provided to You, the end-user ("You" or "Your"), by Propel Software Corporation ("Propel") under the terms and conditions of this Terms of Service/Software License Agreement (collectively "Agreement").
The Software ("Software") consists of (i) Propel PBM Software in executable code form, and (ii) any of the following which Propel may from time to time provide under the PBM Update Service or otherwise under this Agreement: QOS Policies ("Policies"), Software error corrections, updates and new versions, Software documentation, content or features. The Software is designed to (a) monitor and manage the flow of network traffic in and out of Your computer; (b) classify that traffic by type and then prioritize and allocate the bandwidth given to the different types of traffic so that time-sensitive and non-time-sensitive traffic can be intermingled optimally; (c) mark outgoing packets to assist the operation of upstream QoS mechanisms: and (d) report to a Propel or Propel-managed server the network traffic volume and type to be used by Propel for the purpose of improving the Product (You may opt-out of this transmission to Propel by selecting the "About Propel PBM" command in the Propel PBM menu, clicking "Advanced..." and unchecking the "Allow statistical reporting of summary networking data" box). Upon activation the Software is enabled to electronically request, receive and implement Policy Updates from Propel or Propel-managed servers. For demonstration purposes, the Software may be enabled to electronically request, receive and implement demonstration Policies from Propel or Propel-managed servers.
The PBM Update Service is a subscription-based service that provides Policy Updates, and any Software error corrections, updates and new versions, Software documentation, content or features, which Propel may provide from time make available to You as part of Your PBM Update Service subscription. The term of Your PBM Update Service subscription is one (1) year from Your date of purchase, unless otherwise indicated in the transaction documentation at the time of purchase.
The PBM Product does not enable You to access the Internet. You must separately have an Internet access service.
During activation of the Software, You may be required to provide Your unique serial number over the Internet to authenticate Your copy of the Software. You acknowledge and agree that Propel may modify, limit, suspend or disable the operation of all or any part of the PBM Product, including any Software You may already have accessed or installed, with or without any notice, for operational reasons including without limitation, the modification, improvement, and/or upgrade of the underlying technology, and that the PBM Product may incorporate features that automatically perform any such actions.
Propel reserves the right to update or modify this Agreement at any time by posting the revised Agreement on the Propel Web site and/or providing notice to You. The revised Agreement shall become effective upon such posting or notice, or if and when You expressly accept the revised Agreement by for example clicking on an "I Accept" button or similar button. Your continued use of the Software after such posting or notice, or such express acceptance by You, shall constitute Your agreement to be bound by the terms and conditions of the revised Agreement. Please check this Agreement at http://www.propelpbm.com/tos_sla/ periodically for changes.
USER CONDUCT
You agree not to use the PBM Product for any unlawful or improper purpose. In this regard You may not, without limitation (i) intercept or monitor, damage or modify any network traffic which is not intended for You, (ii) use any type of virus or other harmful component designed to distort, damage or disassemble the Software, (iii) send any unsolicited commercial communication not permitted by applicable law, or (iv) expose any other person to information or material which is offensive, harmful to minors, indecent or otherwise objectionable. You shall not allow any other person to access the PBM Product provided to You pursuant to this Agreement. You may use the Software on only one computer system (unless otherwise indicated in the transaction documentation at the time of purchase, in which event such other quantity shall apply). You agree to obtain all required permissions if You use the Software to receive, upload, download, display, distribute, or execute programs or perform other works protected by intellectual property laws.
Charges
Except for usage of the PBM Product during a free trial period, if applicable, You shall incur those charges that You agree to in conjunction with Your PBM Update Service subscription.
Refunds
Applies only to subscribers who subscribed to the PBM Update Service directly from Propel and paid the PBM Update Service subscription fee using a credit card.
THIRTY (30) DAY MONEY BACK GUARANTEE. If You subscribed to the PBM Update Service under Propel’s thirty (30) day money back guarantee program using a credit card, and are not completely satisfied with the PBM Product for any reason, cancellation of Your subscription within the first thirty (30) days after purchase of Your PBM Update Service subscription will result in a refund of Your PBM Update Service subscription payment (less any applicable taxes, except in states or jurisdictions where taxes are refundable) if Your credit card has been charged. Refunds are not available for PBM Update Service subscription renewals.
If You cancel after such initial thirty (30) day period, did not pay the subscription fee using a credit card, or did not subscribe under Propel’s thirty (30) day money back guarantee program, no refund is available.
CANCELLATION; TERMINATION OF YOUR PBM UPDATE SERVICE SUBSCRIPTION; RENEWALS
To cancel Your PBM Update Service subscription, please send an email to Propel at pbm-support@propel.com requesting cancellation of Your PBM Update Service subscription and providing Your Serial Number Name and Serial Number, as provided to You in connection with Your subscription purchase.
Upon or after termination or expiration of Your PBM Update Service subscription period (i) the Software or any parts thereof (a) may automatically deactivate, and/or Propel may with or without notice cause the Software or any parts thereof to become non-operational; (b) may continue to be operational; (ii) the terms and conditions of this Agreement shall remain in full force and effect; and (iii) You will not be entitled to receive the PBM Update Service unless You renew Your Propel PBM Update Service subscription. You may uninstall the Software at any time.
Renewal(s) of Your PBM Update Service subscription, if available, shall be in accordance with the then-current Propel PBM Update Service subscription renewal policy, pricing and terms posted at http://www.propelpbm.com/renew/. PROPEL RESERVES THE RIGHT TO CEASE MAKING AVAILABLE PBM UPDATE SERVICE SUBSCRIPTION RENEWALS AT ANY TIME WITHOUT NOTICE.
NETWORK TRAFFIC; PRIVACY
Network traffic may contain information or material that some people may find inappropriate or offensive. Network traffic is not under the control of Propel. You acknowledge that Propel is not responsible for the accuracy, copyright compliance, legality, decency, or any other attribute of the content of network traffic and Propel shall have no liability for any information, data, communications, or other materials available on network traffic. The use of the Software in conjunction with network traffic does not imply endorsement of the network traffic by Propel or any association with the source responsible for its transmission. The Propel Privacy Policy for the PBM Product is located at http://www.propelpbm.com/privacy/.
Propel PBM Software
SOFTWARE LICENSE AGREEMENT
1. LICENSE TO USE. Upon Your acceptance of this Agreement and subject to the terms hereof, Propel Software Corporation ("Propel") grants to You a limited, personal, non-exclusive, non-assignable and non-transferable license, without right to sublicense, to download, install and use the Software ("Software") on only one computer system (unless another quantity is indicated in the transaction documentation at the time of purchase, in which event such other quantity shall apply), solely in conjunction with use of the Software as designed as described in the Terms of Service above or in the Software documentation. The Software ("Software") consists of (i) Propel PBM Software in executable code form, and (ii) any of the following which Propel may from time to time provide under the PBM Update Service or otherwise under this Agreement: QOS Policies ("Policies"), Software error corrections, updates and new versions, Software documentation, content or features. If You are an entity, Propel grants to You the right to designate one individual within Your organization to have the sole right to use the Software in the manner provided in this Agreement. A single license for the Software may not be shared or used concurrently by other end users. If the Software is provided to You for a free trial period such license to use is further restricted to use solely for evaluation purposes during such free trial period ("Evaluation Period") of twenty-one (21) days, or such other period as Propel may designate in writing. Propel may terminate the Evaluation Period, with or without cause, at any time with or without notice. Upon expiration or termination of the Evaluation Period, You will remove the Software from all hard drives, networks and other storage media and destroy all copies of the Software in Your possession and/or under Your control. The Software may automatically deactivate and become non-operational at the end of the PBM Update Service subscription period (as defined in the Terms of Service). The Software is enabled to electronically request, receive and implement Policy updates from Propel servers.
2. RESTRICTIONS
The Software is copyrighted. The Software is licensed, not sold. All right, title and interest in and to the Software, and copies of the Software and all associated intellectual property rights are retained by Propel and/or its licensors. You shall not distribute the Software or any portion thereof, or rent, loan, lease, sell, sublicense or assign the Software or any part or copy thereof, or use the Software as part of a time sharing, facility management, managed service, service bureau or service provider arrangement. You may make one (1) copy of the Software for backup purposes. Except as permitted hereby, You may not make copies of the Software. Unless and only to the extent enforcement is prohibited by applicable law, You may not, and You may not cause, permit or authorize any third party to, work around any technical limitations in the Software, modify, decode, decompile, reverse assemble, reverse engineer, create a derivative work based upon or otherwise translate the Software or any part thereof. The Software is not designed, developed or intended for any use in which the failure of the Software could lead to damage or injury to persons, property, environment or business ("High Risk Activities").This includes without limitation the operation of aircraft or nuclear facilities or in connection with emergency communications of any type. You agree not to use the Software in connection with any High Risk activities. Propel disclaims any express or implied warranty of fitness for such uses. No right, title or interest in or to any trademark, service mark, logo or trade name of Propel or its licensors is granted under this Agreement. Any rights not expressly granted herein are reserved by Propel. All title and intellectual property rights in and to the content of the network traffic is the property of the applicable content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This Agreement grants You no right to use such content. Any trademark, trade name, copyright, or other proprietary notices, legends, symbols, or labels appearing on or in the Software shall not be altered or removed by You and shall be accurately reproduced by You on and in any permitted copy of the Software. Propel reserves the right to add additional content or features, or to provide Software error corrections, updates and any Software documentation. You acknowledge and agree that Propel has no obligation to make available to You any assistance, technical, customer or other support, or any subsequent versions or releases of the Software. You also agree that You may have to enter into a new version of this Agreement, and there may be a separate charge, in the event You want to download, install or use a new release of the Software. You acknowledge and agree that the entire risk arising out of the use, performance or failure of performance of the PBM Product remains with You, to the maximum extent permitted by law.
3. DISCLAIMER OF WARRANTY
THE PBM PRODUCT IS PROVIDED ON AN "AS-IS", "AS-AVAILABLE" BASIS, WITH NO WARRANTIES OF ANY KIND. YOU BEAR THE RISK OF USING IT. EXCEPT TO THE EXTENT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID, PROPEL AND ITS LICENSORS DISCLAIM ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY (IF ANY) IMPLIED WARRANTIES OR CONDITIONS OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, DESIGN, ANY OPERATION OR FAILURE TO OPERATE AS DESIGNED, PERFORMANCE, COMPATIBILITY, NON-INFRINGEMENT, THAT OPERATION OF THE SOFTWARE AND THE TRANSMISSION OF ANY NETWORK TRAFFIC WILL BE TIMELY, SECURE, ACCURATE, RELIABLE, CORRECT, COMPLETE, UNINTERRUPTED, ERROR-FREE, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT DEFECTS OR ERRORS IN THE SOFTWARE WILL BE CORRECTED, NOR DOES PROPEL MAKE ANY WARRANTY WITH RESPECT TO THE AVAILABILITY, QUALITY, QUANTITY AND FREQUENCY OF ANY POLICIES.
BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
4. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL PROPEL OR ITS LICENSORS BE LIABLE FOR ANY DIRECT,SPECIAL, RELIANCE, INDIRECT, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR PUNITIVE DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, PROFITS, USE, PRIVACY, GOODWILL, OR CONFIDENTIAL OR OTHER INFORMATION, MISDIRECTED DATA, PACKET LOSS OR DELAY, COMPUTER FAILURE OR MALFUNCTION, COMMUNICATION INTERRUPTION, LOST BUSINESS REVENUE, FAILURE TO REALIZE EXPECTED SAVINGS, ANY CLAIMS AGAINST YOU BY ANY OTHER PARTY, OR ANY OTHER INTANGIBLE OR PECUNIARY LOSS) HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE PBM PRODUCT, EVEN IF PROPEL AND/OR ITS LICENSORS SHOULD OR SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL PROPEL’S OR ITS LICENSORS’ LIABILITY TO YOU, REGARDLESS OF THE FORM OR THE NUMBER OF ACTIONS, WHETHER IN CONTRACT, EVEN IF IN THE NATURE OF A BREACH OF CONDITION OR A FUNDAMENTAL TERM OR A FUNDAMENTAL BREACH, TORT (INCLUDING BUT NOT LIMITED TO, NEGLIGENCE WHETHER ACTIVE, PASSIVE OR IMPUTED, MISREPRESENTATION, STRICT LIABILITY, OR ANY OTHER BASIS), OR OTHERWISE, EXCEED THE PURCHASE PRICE FOR YOUR APPLICABLE PBM UPDATE SERVICE SUBSCRIPTION PERIOD. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ANY ESSENTIAL PURPOSE OF ANY REMEDY. IN NO EVENT SHALL PROPEL OR ITS LICENSORS BE LIABLE FOR ANY DAMAGES ARISING FROM YOUR FAILURE TO PERFORM ANY OF YOUR RESPONSIBILITIES OR OBLIGATIONS IN CONNECTION WITH THIS AGREEMENT, OR ARISING FROM ANY CAUSE BEYOND PROPEL’S CONTROL, OR ANY FAILURE TO PERFORM, OR DELAY IN THE PERFORMANCE OF PROPEL’S OBLIGATIONS. ANY LIMITS STATED HEREIN ARE THE TOTAL CUMULATIVE MAXIMUM FOR WHICH PROPEL AND ITS LICENSORS ARE COLLECTIVELY RESPONSIBLE. THE ABOVE DISCLAIMERS AND LIMITATIONS APPLY REGARDLESS OF WHETHER YOU ACCEPT THE SOFTWARE.
BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. PROPEL’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
5. INDEMNIFICATION; THIRD PARTY BENEFICIARY
Upon a request by Propel, You agree to defend, indemnify, and hold harmless Propel and its employees, contractors, officers, and directors from and against all damages, costs, liabilities, claims, settlement amounts and/or expenses (including without limitation, reasonable attorney’s fees and other dispute resolution expenses), incurred in connection with any claim, lawsuit or action by any third party in any way arising out of, related to or resulting from Your use or misuse of the Product or any other matter related to the Product, including, without limitation, the uploading, downloading, transmission, use, reproduction of, and/or receipt or distribution of any network traffic, communications, data, information or content, Your use or attempted use of any facility or equipment in conjunction with the Product, any viruses or other harmful components resulting from Your use of the Product, Your breach of this Agreement or Your violation of any rights of any third party. Propel reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, in which event You will cooperate with Propel in asserting any available defenses. You agree that Propel’s licensors are third party beneficiaries to this Agreement.
6. CONSUMER PROTECTION LAWS; LANGUAGE
Notwithstanding the foregoing, nothing in this Agreement will diminish any rights You may have under existing consumer protection legislation or other applicable laws in Your jurisdiction that may not be waived by contract. If the original English version of this Agreement shall have been translated into any other language, in the event of inconsistency or discrepancy between such English version and the translated version of this Agreement, such English language version shall prevail.
7. FORCE MAJEURE; INDEPENDENT CONTRACTORS
Neither Party shall be liable to the other Party for any delay or default in the performance of any obligation under this Agreement (other than for payments due Propel hereunder), where the delay or default is due to any condition beyond the reasonable control of the Party obligated to perform. You and Propel agree that no joint venture, partnership, agency or other relationship shall be created or implied as a result of the Terms of Service or Your use of the Service.
8. EXPORT REGULATIONS; TRADEMARKS
The Software and technical data delivered under this Agreement are subject to U.S. export control laws and regulations and may be subject to export or import laws and regulations in other countries. Such laws and regulations may include restrictions on destinations, end users and end use. You agree to comply strictly with all such laws and regulations and acknowledge that You have the responsibility to obtain such licenses to export, re-export, or import as may be required. Export to any individual, country or entity specifically designated by applicable law is strictly prohibited. You represent that You are not a national or resident of and are not located in any of the following countries: Cuba, Iran, Iraq, Libya, North Korea, Sudan, or Syria. You represent that You are not a specifically designated individual, denied party, or entity under any U.S. embargo or otherwise the subject, either directly or indirectly (by affiliation, or any other connection with another party) to any order issued by any agency of the U.S. Government limiting, barring, revoking or denying, in whole or in part, Your U.S. export privileges. You agree to notify Propel immediately in the event You become subject to any such order. Propel, PBM, Propel PBM and the Propel logos are trademarks of Propel and may be registered in certain jurisdictions. All other trademarks shown are trademarks of their respective owners.
9. TERMINATION
This Agreement is effective until terminated. Without prejudice to any other Propel rights and remedies, this Agreement shall automatically terminate if You breach any provision of this Agreement, and Propel may with or without notice to You terminate this Agreement, if Your use of the Software is disruptive, or for any other reasonable cause, including, without limitation, if Propel receives information that Your use of the Software may infringe or misappropriate any intellectual property rights or violate any other rights, You are engaging in fraudulent, immoral, or illegal activities, violating any other applicable laws and regulations or if Propel receives an order from a court of competent jurisdiction requiring Propel to do so. Propel will not be liable for any damage caused by any suspension or termination of Your PBM Update Service subscription and/or any termination of this Agreement
Upon any termination or expiration of this Agreement for any reason, (a) You acknowledge and agree that all Your Software license shall terminate, (b) Your PBM Update Service subscription, if any, shall terminate (c) You will cease any and all use of the Software, and (c) You will remove the Software from all hard drives, networks and other storage media and destroy all copies of the Software in Your possession and/or under Your control.
10. NOTICES
Any notice given under or pursuant to this Agreement must be in writing and (i) if notice to You, will be deemed duly given or made if delivered or sent by United States Postal Service first class mail, hand delivery, by electronic mail or internationally recognized courier service, to Your address indicated in Your PBM Update Service subscription account and, (ii) if notice to Propel, will be deemed duly given or made if delivered or sent by United States Postal Service first class certified mail, return receipt requested, hand delivery, or by internationally recognized courier service, to Propel Software Corporation, 1010 Rincon Circle, San Jose, CA 95131-1325 marked to the attention of General Counsel. Any notice, demand or other communication will be deemed, in the absence of proof to the contrary, to have been received by the person to whom it was sent: in the case of hand delivery, upon delivery; in the case of United States Postal Service first class mail, five (5) days after the date sent, or the date of actual receipt if sent by United States Postal Service first lass certified mail, return receipt requested; in the case of electronic mail, twelve (12) hours if no delivery trouble has been reported; and in the case of internationally recognized courier service, on the third (3rd) business day after the date of dispatch.
11. U.S. GOVERMENT RESTRICTED RIGHTS
If the PBM Product is being acquired by or on behalf of the U.S. Government or by a U.S. Government prime contractor or subcontractor (at any tier), then the Government’s rights in the Software and accompanying documentation will be only as set forth in this Agreement; the Software is provided with RESTRICTED AND LIMITED RIGHTS. Use, duplication or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights to Technical Data and Computer Software clause in DFARS 252.227-7013 or subparagraph (c)(1) and (2) of the Commercial Computer Software-Restricted Rights at 48 CFR 52.227-19, as applicable. Contractor/Manufacturer is Propel Software Corporation, 1010 Rincon Circle, San Jose, CA 95131-1325.
12. ASSIGNMENT; SURVIVAL
This Agreement is personal to You and You may not assign or sublicense this Agreement or Your rights hereunder in whole or in part, including without limitation, by contract, merger or operation of law. Propel may in its sole discretion assign this Agreement or any rights hereunder at any time, without notice to You.
Sections 2 through 14 of this Software License Agreement, and any other provisions of this Agreement which by their nature should survive, will survive any termination or expiration of this Agreement.
13. GOVERNING LAW; JURISDICTION AND VENUE
The Agreement shall not be governed by the provisions of the 1980 United Nations Convention on Contracts for the International Sale of Goods or the United Nations Convention on the Limitation Period in the International Sale of Goods, as amended, rather this Agreement shall be governed by and construed in accordance with the laws of the State of California, excluding its conflict of laws rules, and controlling U.S. federal law. You expressly agree that the exclusive venue for any claim or action arising out of or relating to the Agreement shall be in a court (whether federal or state) located in Santa Clara County in the State of California, USA. You further irrevocably agree and submit to the exercise of personal and subject matter jurisdiction and venue of such courts for the purpose of litigating any such claim or action. Notwithstanding anything herein to the contrary, You agree that Propel may be harmed irreparably by any violation of this Agreement and that Propel may pursue injunctive relief against You in any forum to enforce this Agreement. You hereby agree to waive any requirement for the securing or posting of any bond in connection with such remedy.
14. NO WAIVER; SEVERABILITY AND INTEGRATION; HEADINGS
A waiver by Propel of any term or condition of this Agreement or any breach thereof, in any given instance, shall not be deemed or construed to be a waiver of such term or condition or any subsequent breach thereof. If for any reason a court of competent jurisdiction finds any provision of this Agreement, or portion thereof, to be unenforceable, that provision of the Agreement will be enforced to the maximum extent permissible to effect the intent of the parties and the remainder of this Agreement will continue in full force and effect. This Agreement constitutes the entire agreement between You and Propel relating to its subject matter hereof. It supersedes all prior or contemporaneous oral or written communications, proposals, representations and warranties (whether oral, written, or electronic) with respect to its subject matter and prevails over any conflicting or additional terms of any quote, order, acknowledgment, or similar communication between the parties. Except as otherwise expressly specified herein, no modification of this Agreement will be binding, unless in writing and signed by You and an authorized representative of Propel. The headings used in this Agreement are for convenience only and are not to be construed to have legal significance.
Software Copyright Information
Copyright © 2007 - 2008 Propel Software Corporation
All rights reserved.
Propel PBM Terms of Service/Software License Agreement Version 1a
For inquiries please contact: Propel Software Corporation, 1010 Rincon Circle, San Jose, California 95131-1325 USA.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS AND GRANT TO PROPEL THE RIGHTS SET FORTH HEREIN. IF APPLICABLE, "YOU" OR "YOUR" AS REFERRED TO HEREINABOVE MEANS THE ENTITY OR COMPANY (THE "COMPANY") AT WHICH THE SOFTWARE IS INSTALLED PURSUANT TO THIS AGREEMENT. IN SUCH EVENT, YOU WARRANT AND REPRESENT THAT AS THE INDIVIDUAL CLICKING THE "I ACCEPT" BUTTON OR SIMILAR BUTTON, AND/OR INSTALLING OR USING THE SOFTWARE, YOU ARE AUTHORIZED TO ENTER INTO THIS AGREEMENT ON BEHALF OF THE COMPANY.
Copyright © 2007 - 2008 Propel Software Corporation
23 January 2008
|
