1 General Terms
Your use of this Softtrends Marketing Connector, in object code form (“Licensed Software”) solely as provided by the Hosting Service on the infrastructure provided by the Hosting Service is governed by this agreement (the "Terms") with Soft trends LLC., a Georgia corporation with its principal place of business at 6825 Jimmy Carter Blvd, Suite 1650-O, Norcross, Georgia 30071 (“Softtrends”). In order to use the Licensed Software, you must agree to the Terms. You understand and agree that your use of the Licensed Software will be treated by Softtrends as your acceptance of the Terms starting the first time you use this Licensed Software. If you have agreed to the Term for any other service provided by Softtrends, it will not apply to this Licensed Software. You may not use this Licensed Software if you are barred from using this Licensed Software under the laws of the United States or other countries, including the country in which you are resident or from which you use this Licensed Software.
You agree that the purchase of the Licensed Software subscription is not contingent on Softtrends delivering any future functionality or features with the Licensed Software and this term supersedes any written or oral commitments you might have received from Softtrends.
You may use the Licensed Software for the purpose of developing and running applications to access your own data that does not result in intellectual property infringement and you agree not to bring any such claim against Softtrends.
2. License from Softtrends
Softtrends gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to the Licensed Software, and solely for your own internal business purposes which shall not include redistributing or otherwise allowing any third parties to access or use the Licensed Software.    
You may not directly or indirectly copy, modify, reverse engineer, or otherwise attempt to extract the source code of the Licensed Software or any part thereof, unless it is expressly permitted or required by law, or you have been specifically told that you may do so by Softtrends, in writing.
Except for the limited rights granted in this section, Softtrends retains all right, title and interest in and to the Licensed Software, and all intellectual property rights therein and thereto. Nothing in this Agreement shall constitute a transfer of any ownership rights by Softtrends to you in the Licensed Software or otherwise. All rights in the Licensed Software not expressly granted hereunder are reserved by Softtrends.
3. Fees for Use of Licensed Software
You will pay all fees specified in all Order Forms presented by Softtrends or the Hosting Service website. By entering into an Order Form hereunder, you agree to be bound by the terms of this Agreement. You understand that fees are based on services purchased and not actual usage and the payment obligations are non-cancelable and fees paid are non-refundable. Subscription fees are based on monthly periods that begin on the subscription start date and each monthly anniversary thereof.
4. Warranties and Disclaimer
Softtrends warrants that (i) it has the validly to enter into these terms and has the legal power to do so, and the functionality of the Licensed Software will not be materially decreased during a subscription term. For any breach of the warranty, your exclusive remedy shall be to terminate your subscription to the Licensed Software. You warrant that you have the validly to enter into this Agreement and have the legal power to do so.
THE LICENSED SOFTWARE PROVIDED THROUGH THE HOSTING SERVICE PROVIDER IS ON “AS-IS” BASIC AND SOFTTRENDS MAKES NO EXPRESS WARRANTIES AND DISCLAIMS ALL IMPLIED WARRANTIES REGARDING THE LICENSED SOFTWARE, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SOFTTRENDS DO NOT REPRESENT OR WARRANT TO YOU THAT: (A) YOUR USE OF THE LICENSED SOFTWARE WILL MEET YOUR REQUIREMENTS, (B) YOUR USE OF THE LICENSED SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, AND (C) DATA PROVIDED THROUGH THE LICENSED SOFTWARE WILL BE ACCURATE.
5. Limitation on Liability
NEITHER PARTY'S LIABILITY WITH RESPECT TO ANY SINGLE INCIDENT ARISING OUT OF OR RELATED TO THIS AGREEMENT (WHETHER IN CONTRACT OR TORT OR UNDER ANY OTHER THEORY OF LIABILITY) SHALL EXCEED THE AMOUNT ATTRIBUTABLE TO LICENSED SOFTWARE PAID BY YOU HEREUNDER IN THE 1 MONTHS PRECEDING THE INCIDENT, PROVIDED THAT IN NO EVENT SHALL EITHER PARTY'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT (WHETHER IN CONTRACT OR TORT OR UNDER ANY OTHER THEORY OF LIABILITY) EXCEED THE TOTAL AMOUNT ATTRIBUTABLE TO THE LICENSED SOFTWARE PAID BY YOU HEREUNDER. THE FOREGOING SHALL NOT LIMIT YOUR PAYMENT OBLIGATIONS UNDER THE "FEES FOR USE OF THE HEROKU SERVICES" SECTION ABOVE.
6. Legal Terms
The Terms, including all Order Forms presented by the Hosting Company or Softtrends, constitute the whole legal agreement between you and Softtrends and your use of the Licensed Software completely replaces and prior agreement you might have with Softtrends and no modification or waiver of any provision shall be effective unless it is signed in writing by both parties.
The parties are independent contractors and these Terms creates do not create an agency, partnership or joint venture between the parties. The Terms, shall be governed by the laws of the State of Georgia without regard to its conflict of provisions in any other law.