TERMS OF USE

In addition to the Software License Agreement, the Terms of Use below, form part of the terms and conditions under which you have licensed the Cinchy Software (the “Program”). 

Program Name: Cinchy
Program Number: 3.0.0.0 
As described in the Cinchy Software License Agreement ("License") and this Terms of Use, Cinchy grants Licensee a limited right to use the Program. This right is limited to the level of Authorized Use, such as a  user creating objects on Cinchy ("Builders"), or other specified level of use, paid for by Licensee as evidenced in the Proof of Entitlement. As Licensee has not paid for all of the economic value of the Program, no other use is permitted without the payment of additional fees. In addition, Licensee is not authorized to use the Program to provide commercial IT services to any third party, to provide commercial hosting or timesharing, or to sublicense, rent, or lease the Program unless expressly provided for in the applicable agreements under which Licensee obtains authorizations to use the Program. Additional rights may be available to Licensee subject to the payment of additional fees or under different or supplementary terms. Cinchy reserves the right to determine whether to make such additional rights available to Licensee.
Builder

“Builder” is the unit of measure by which the Program has been licensed. A Builder is a unique person, within Licensee's enterprise, that is given access to the Program for the purpose of developing objects e.g. table, query, data experience, etc. The Program may be installed on any number of computers or servers and each Builder may have simultaneous access to any number of instances of the Program at one time. Licensee must obtain separate, dedicated entitlements for each Builder accessing the Program in any manner directly or indirectly (for example: via a multiplexing program, device, or application server) through any means. An entitlement for an Authorized User is unique to that Authorized User and may not be shared, nor may it be reassigned other than for the permanent transfer of the Authorized User entitlement to another person. 


Program Specifications
Program's specifications can be found in the collective Description and Technical Information available on Cinchy’s website at (www.cinchy.com).

Open Source Software

The Program contains certain third party software code that has been provided under various open source licenses, that permit the use of source code in a commercial product.  The open source code and libraries that are incorporated into the Program, as well as their licensing terms and copyright recognition, can be found at  (www.cinchy.com).

Non-Production Limitation

If the Program is designated as "Non-Production", the Program can only be deployed as part of the Licensee's internal development and test environment for internal non-production activities, including but not limited to testing, performance tuning, fault diagnosis, internal benchmarking, staging, quality assurance activity and/or developing internally used additions or extensions to the Program using published application programming interfaces. Licensee is not authorized to use any part of the Program for any other purposes without acquiring the appropriate production entitlements.

Development Tool

This Program is designed to aid in the development of software applications and systems. Licensee is solely responsible for the applications and systems that it develops by using this Program and assumes all risk and responsibility therefor.

Privacy

Licensee acknowledges and agrees that Cinchy may use cookie and tracking technologies to collect personal information in gathering product usage statistics and information designed to help improve user experience and/or to tailor interactions with users in accordance with the Cinchy Privacy Policy, available at  (www.cinchy.com).

Source Components and Sample Materials

The Program may include some components in source code form ("Source Components") and other materials identified as Sample Materials. Licensee may copy and modify Source Components and Sample Materials for internal use only provided such use is within the limits of the license rights under this Agreement, provided however that Licensee may not alter or delete any copyright information or notices contained in the Source Components or Sample Materials. Cinchy provides the Source Components and Sample Materials without obligation of support and "AS IS", WITH NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF TITLE, NON-INFRINGEMENT OR NON-INTERFERENCE AND THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

Export and Import Restrictions

This Program may contain cryptography. Transfer to, or use by, users of the Program may be prohibited or subject to export or import laws, regulations or policies, including those of the United States Export Administration Regulations. Licensee assumes all responsibility for complying with all applicable laws, regulations, and policies regarding the export, import, or use of this Program, including but not limited to, Canadian and U.S. restrictions on exports or reexports.