TKDialogs Evaluation System Terms of Use

These terms of use are a contract between you and Team Knowledge Limited ("Team Knowledge"). The terms apply to your access and use of the TKDialogs evaluation system (the "System"), including any Team Knowledge software, services, information, materials, content and updates made available to you as part of the TKDialogs evaluation system. By using the System, you agree to these terms of use. If you do not agree, you may not use the System.

1. Overview

The System enables you to complete a range of TKDialogs processes and transactions, input test data and create records in Dynamics 365 using this data, data from other sources and calculated data. The resultant data may be viewed through accessing a shared sandbox Dynamics 365 instance.

2. Access and Use Rights

a. Right to use; limitations. Team Knowledge grants you the right to access and use the System as further described in these terms of use. Team Knowledge reserves all other rights not expressly granted in these terms of use. No additional rights (including implied licenses, rights or covenants) are granted by implication, estoppel or otherwise. You may not

(i) Work around any technical limitations in the System;

(ii) Reverse engineer, decompile or disassemble the System, except and only to the extent that applicable law expressly permits, despite this limitation;

(iii) Make any copies of the System; or

(iv) Share, publish or lend the System, or transfer the System or this agreement to any third party.

b. Acceptable use. Neither you nor those that access the System through you may use the System:

(i) In a way prohibited by law, regulation, governmental order, or decree;

(ii) To violate the rights of others;

(iii) To try to gain unauthorized access to or disrupt any service, data, account, or network by any means;

(iv) To falsify any protocol or origin of a communication (e.g. spoofing);

(v) To spam or distribute malware;

(vi) In a way that could overburden or harm the System or impair anyone else’s use of it; or

(vii) For any high risk use (where failure or fault of the System could lead to death or serious bodily injury of any person, or to severe physical or environmental damage).

c. Customer Data. You are solely responsible for the content of all data you transfer using the System (Customer Data). You will secure and maintain all rights in Customer Data necessary to use the System without violating the rights of any third party or otherwise obligating Team Knowledge to you or to any third party. Team Knowledge does not and will not assume any obligations with respect to Customer Data or your use of the System other than as expressly set forth in these terms of use or as required by applicable law. Furthermore, any data entered into the system during the evaluation period will be viewable and accessible by other users.

3. Software License

The System is NOT licensed in any way to you the user. These terms of use only give you some rights to use the System. Any third party scripts or code, linked to or referenced from the System, are also NOT licensed to you the user.

4. Privacy Practices

The System may collect data through your use of the System, and send that data to Team Knowledge. Team Knowledge may use this information to improve Team Knowledge products and services. You can learn more about data collection and use in the privacy statement at http://www.tkdialogs.com/Privacy-Policy.aspx

Your use of the System operates as your consent to these practices.

5. Notice and Procedure for Making Claims of Copyright Infringement

Notifications of claimed copyright or trademark infringement must be sent to Team Knowledge Limited at info@teamknowledge.co.uk.

6. Links to Other Sites and Services

The links made available as part of the System may allow you to access third party products. Your use of those third party products may be subject to that third party’s terms and conditions. Such products are not under the control of Team Knowledge and Team Knowledge is not responsible for their contents. The inclusion of any link does not imply that Team Knowledge endorses the third party site, product or service.

7. Internet-based Services

a. Consent for internet-based or wireless services. The System connects to computer systems over the internet, which may include via a wireless network. Using the System operates as your consent to the transmission of standard device information (including but not limited to technical information about your device, system and system software, and peripherals) for internet-based or wireless services.

b. Misuse of internet-based services. You may not use any internet-based service in any way that could harm it or impair anyone else’s use of it or the wireless network. You may not use the service to try to gain unauthorized access to any service, data, account or network by any means.

8. NO WARRANTY

TEAM KNOWLEDGE AND ITS AFFILIATES, RESELLERS, DISTRIBUTORS AND VENDORS, MAKE NO WARRANTIES, EXPRESS OR IMPLIED, GUARANTEES OR CONDITIONS WITH RESPECT TO YOUR USE OF THE SYSTEM. YOU UNDERSTAND THAT USE OF THE SYSTEM IS AT YOUR OWN RISK AND THAT TEAM KNOWLEDGE PROVIDES THE SYSTEM ON AN "AS IS" BASIS WITH ALL FAULTS AND AS AVAILABLE. TEAM KNOWLEDGE DOESN'T GUARANTEE THE ACCURACY OR TIMELINESS OF INFORMATION AVAILABLE FROM THE SYSTEM. TO THE EXTENT PERMITTED UNDER UK LAW, TEAM KNOWLEDGE EXCLUDES ANY IMPLIED WARRANTIES, INCLUDING FOR MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU MAY HAVE CERTAIN RIGHTS UNDER YOUR LOCAL LAW. NOTHING IN THESE TERMS OF USE IS INTENDED TO AFFECT THOSE RIGHTS, IF THEY ARE APPLICABLE. YOU ACKNOWLEDGE THAT COMPUTER AND TELECOMMUNICATIONS SYSTEMS ARE NOT FAULT-FREE AND OCCASIONAL PERIODS OF DOWNTIME OCCUR. TEAM KNOWLEDGE DOES NOT GUARANTEE THE SYSTEM WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT CUSTOMER DATA LOSS WON'T OCCUR.

9. Limitation of Liability

In no way will Team Knowledge or any affiliates, resellers, distributors and vendors be liable for any direct damages. In addition YOU CAN'T RECOVER ANY OTHER DAMAGES OR LOSSES, INCLUDING, WITHOUT LIMITATION, DIRECT, CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT, INCIDENTAL OR PUNITIVE DAMAGES. To the maximum extent permitted by law, these limitations and exclusions apply to anything related to these terms of use such as any deletion, damage or loss of anything used in connection with the System; any virus affecting your use of the System; delays or failures in starting or completing transmissions or transactions; claims for breach of contract, warranty, guarantee, or condition; strict liability, negligence, misrepresentation, omission, trespass, or other tort; violation of statute or regulation; or unjust enrichment.

10. Support Services

Because this System is made available as is, Team Knowledge may not provide support services for it.

11. Choice of Law and Location for Resolving Disputes

This agreement is subject to the laws of England and Wales, and governs the interpretation of these terms of use and applies to claims relating to them, regardless of conflict of laws principles.

12. Interpreting These Terms of Use

If a court holds that Team Knowledge cannot enforce a part of these terms of use as written, then you and Team Knowledge agree that the court will replace that part with terms that most closely reflect its intention, and the rest of these terms of use will not change. These terms of use form the entire agreement regarding your use of the System and supersede any prior agreements or statements (whether oral or written) regarding such use.

13. Updates to Terms of Use

Team Knowledge may change these terms of use at any time, with or without prior notice to you. Changes will apply to your use of the System starting from when the changes are made. If you do not agree with any changes, you may not continue to use the system.