End User Agreement for BrokerSpace365 Applications
Domain 6 Inc. – “”, registered at 3600 136th PL SE - Suite 300, Bellevue, WA. U.S.A is a Washington state corporation that provides the software, any associated Domain 6 Inc. information ("Package") to any person or entity who signs up for the Microsoft Business Applications Services and downloads the Package provided by Domain 6 Inc. via the Microsoft services. If you are entering into this Agreement on behalf of a company or other legal entity, you represent that you have the authority to bind that company or legal entity. Should you not thereof be bound by the terms of this Agreement or parts, then cancel the installation/Download here.
2. Liability: No warranty of any kind is given on behalf of Domain 6 Inc. or its licensors, whether express or implied, including, but not limited to warranties of performance, merchantability and fitness for a particular purpose. No warranty is made as to any particular features of the Package or that the Package will perform in conjunction with any other software or hardware. No support, updated versions or defect fixing is provided by Domain 6 Inc. in respect of the Package. In no event will Domain 6 Inc. be liable to you or anyone else for any decision made or action taken in reliance on the Package or use made of the Package including for any economic losses, loss of revenues, data, profits, contract, use, opportunity, business or anticipated saving, loss of good will or reputation, consequential, special or similar damages, even if advised of the possibility of such damages. Domain 6 Inc. does not accept any responsibility for any errors or omissions, or for the results obtained from the use of the Package. We reserve the right to change, remove, suspend, or disable any or all content in package without notice or liability.
3. Intellectual Property: The Package including the schema, design, structure, selection, coordination, expression, "look and feel" and arrangement of such information are the property of Domain 6 Inc. and are protected by copyright and trademark law. Domain 6 Inc. owns all title, copyright and other intellectual property rights in the Package and the Package are licensed, not sold. Apart from the license granted below, no part may be reproduced or reused for any other purposes whatsoever (including any commercial purposes) without the prior written permission of Domain 6 Inc. or Domain 6 Inc.
5. License: Domain 6 Inc. grants you a limited, non-transferable, non-assignable license to download and use the Package for internal evaluation purposes only. You may not modify, reverse engineer, decompile or disassemble the Package in whole or in part, or create any derivative works from or sublicense any rights in the Package, unless otherwise expressly authorized in writing by Domain 6 Inc.. You may use the Package in accordance with this license Domain 6 Inc. provided that you (1) do not remove any proprietary notice language in all copies of the Package, (2) use the Package only in accordance with this Agreement and you do not copy, transfer, post or broadcast the Package in any media, (3) make no modifications to any of the content in Package and (4) not make any additional representations or warranties relating to the Package. Only you are permitted access the Package and you shall not permit any other persons or other third parties to access the Package. You are responsible for maintaining the confidentiality of any ID and password used to access the Package.
6. Domain 6 Inc. does not provide any close of business processing, support, helpdesk, maintenance or any other services as part of this Agreement.
7. Data: As the Package are provided for evaluation purposes only, you shall not submit, store, capture, transmit or process any of Your confidential or business sensitive data or any Personal Data through or to the Package. Domain 6 Inc. has no responsibility for the accuracy, quality, integrity, legality or reliability of any data, information or other information you submit to the system through your use, Domain 6 Inc. shall only process Your Data for the provision of the Services to You.
8. Personal data: If any Personal Data in Your Data is processed through the use of the Package by You, (i) You shall at all times remain the data controller of and responsible for such Personal Data for the purposes of the use of the Package; (ii) Domain 6 Inc. and its suppliers are data processors or sub processors of such Personal Data only for the purposes of provision of the Package; and (iii) Domain 6 Inc. may require that such Personal Data is deleted or otherwise removed from the Package. In order to innovate and improve its software products, Domain 6 Inc. may collect certain usage statistics from the Package. Such data is examined in the aggregate without containing any of Your Data.
9. Use of the Package: You shall comply with any security policy or requirements provided by Domain 6 Inc.. You shall not use the Package in any way prohibited by law, regulation or governmental order or to send spam or distribute malware. You shall not use the Package to store, process or distribute any infringing, obscene, threatening or otherwise unlawful information/content. You shall not interfere with or disrupt the integrity or performance of the Package or the data contain within such Package orv attempt to gain unauthorized access to the Package or its related systems or networks. You shall indemnify and hold harmless Domain 6 Inc., its affiliates and any hosting provider used in the provision of the Package for all claims, actions, proceedings, costs, expenses, damages or other losses suffered by Domain 6 Inc., its affiliates or its hosting provider arising out of Your use of the Package in breach of this Agreement or reasonable instruction from Domain 6 Inc..
10. Customer may not rent, lease, resell, sublicense, grant a security interest in the Software. Any attempt to do so shall be void and of no effect.
11. Customer may not use the Software (a) to develop any application having the same primary function as the Software; (b) for a commercial purpose or in connection with providing any services to third parties, including without limitation any service bureau, application service provider or hosting service; (c) in operating an on-line service, bulletin board, Web or Internet access service or enabling customers to access such services or use data received from such services.
12. Termination: Your rights under this Agreement shall continue for the duration of the trial period. Your rights will automatically terminate without notice from us if you fail to comply with its terms. In case of such termination, you must immediately cease all use of the Package and we may immediately revoke your access to the Package. Our failure to insist upon or enforce your strict compliance with this Agreement will not constitute a waiver of any of our rights. If you breach this Agreement, you will be liable to Domain 6 Inc., its directors, officers, employees, affiliates, agents, contractors, and licensors for any claim arising out of your breach. You will also be liable for any action taken by Domain 6 Inc. as part of its investigation of a suspected violation of this Agreement, or as a result of its findings or decision that a violation of this Agreement has occurred. Domain 6 Inc. also reserves the right to terminate this Agreement at any time. Upon termination of this Agreement, you shall delete all copies of the Package and cease all use of the Package. Domain 6 Inc. shall delete all of your Data stored within the Package.
14. NO WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES BY DOMAIN 6 INC. OR ITS LICENSORS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY, ACCURACY, TITLE, NONINFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE, ANY WARRANTY THAT MIGHT OTHERWISE ARISE FROM A COURSE OF DEALING OR USAGE OF TRADE, OR ANY WARRANTY THAT THE SOFTWARE WILL OPERATE UNINTERRUPTED OR BE ERROR-FREE. CUSTOMER ACKNOWLEDGES AND AGREES THAT THE SOFTWARE IS USED AT CUSTOMER’S SOLE RISK.
15. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES WILL DOMAIN 6 INC. OR ITS LICENSORS BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, INCIDENTAL, OR PUNITIVE DAMAGES OR DAMAGES FOR LOSS OF USE OF ANY PRODUCT, SALES, PROFITS, BUSINESS INFORMATION, DATA, OR OTHER SUCH PECUNIARY LOSS ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE, HOWEVER CAUSED, ON ANY THEORY OF LIABILITY (INCLUDING WITHOUT LIMITATION NEGLIGENCE, BREACH OF CONTRACT, OR OTHERWISE), EVEN IF DOMAIN 6 INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL DOMAIN 6 INC.’S AGGREGATE LIABILITY FOR DAMAGES ARISING OUT OF THIS AGREEMENT EXCEED $1,000. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED OR EXCLUSIVE REMEDY.
16. Governing law, disputes: The construction validity and performance of this Agreement shall be governed exclusively by the laws of Washington State, U.S.A. and any dispute arising out of this Agreement shall be subject to the exclusive jurisdiction of Washington State, U.S.A.