AIOPSGROUP END USER LICENSE AGREEMENT
The parties to this agreement (“EULA”) are you (the end-customer) and “AIOpsGroup” Ltd, UIC: 205838461, with seat and registered address in Sofia, 69 “Bulgaria” blvd., entr. “Ofis kula V”, fl.7, ap. 7.1, represented by Slavi Slavov – manager (“AIOPSGROUP“). Use or installation of AIOPSGROUP’s Software(s) and any updates thereto, including hardware appliance Softwares, software and firmware included therein by AIOPSGROUP, and stand-alone software Softwares sold by AIOPSGROUP (together, the “Softwares”) constitutes acceptance by you of the terms in this agreement, as amended or updated from time to time in AIOPSGROUP’s discretion by AIOPSGROUP publishing an amended or updated version. If you do not agree to all of the terms of this agreement, do not start the installation process or use the Softwares.
Article 1. License grant
Subject to the terms and conditions in this Agreement, AIOPSGROUP grants you a non-exclusive, non-transferable, limited right and license (the “License”) to access and use AIOPSGROUP’s proprietary software – “AIOPSGROUP Monitoring Data Connector for Salesforce Commerce Cloud” (the “Software”) solely for your internal purposes. For usage of the add-ons, which will be subject to additional license and fees, please contact us at: firstname.lastname@example.org.
Article 2. Use of the Software. Restrictions
You shall not and shall not authorize or permit any third party to:
(a) distribute, sub-license, sell, assign, or otherwise transfer or make available the Software;
(b) reverse engineer, decompile, disassemble or otherwise attempt to discover or re-create the source code for the Software;
(c) modify, adapt, alter, improve or create any derivative works of the Software;
(d) connect the Software with any other online services or use the Software in conjunction with other software or services not provided by or permitted by Company;
(e) remove, circumvent or create or use any workaround to any copy protection or security feature in or relating to the Software;
(f) remove, alter or obscure any copyright, trademark or other proprietary rights connected with the Software;
Article 3. Intellectual Property Rights
For the purpose of this Agreement “Intellectual Property Rights” shall mean all intellectual property rights wherever in the world, whether registrable or unregistrable, registered or unregistered, including any application or right of application for such rights (and these “intellectual property rights” include copyright and related rights, database rights, confidential information, trade secrets, know-how, business names, trade names, trademarks, service marks, passing off rights, unfair competition rights, patents, petty patents, utility models, semi-conductor topography rights and rights in designs).
All Intellectual Property Rights to the Software or that may arise out of the performance of it (including any modifications, improvements, enhancements, customizations, updates, or derivative works thereof) shall be the exclusive property of and will continue to belong to the AIOPSGROUP.
Article 4. Rights Reserved
The Software is licensed and not sold. Except for the license expressly granted in this EULA, Licensor, on behalf of itself and its affiliates and suppliers, retains all rights in and to the Software and in all related materials (“Works”). The rights in these Works are valid and protected in all forms, media and technologies existing now or hereafter developed. Any use of Works other than as expressly set forth herein is strictly prohibited.
Article 5. Warranty Disclaimer
Except as otherwise provided for in this Agreement, the Software is provided “as is” with all faults, defects, bugs and errors and AIOPSGROUP makes no warranties or representations relating to the Software, express or implied, statutory or otherwise, and expressly excludes the warranty of fitness for a particular purpose or merchantability. AIOPSGROUP does not warrant that the Software will satisfy your requirements, that the Software is without defect or error or that operation of the Software will be uninterrupted. Under no circumstances shall AIOPSGROUP be liable for any indirect, incidental, consequential, special or exemplary damages arising out of or in connection with your access or use or inability to use or access the Software.
Article 5. Limitation of Liability
To the maximum extent permitted by law and notwithstanding anything to the contrary, AIOPSGROUP is not liable under any contract, negligence, tort, strict liability, infringement or other legal or equitable theory for any loss of use of the Software or service or any damages of any kind whatsoever, whether direct, special, incidental or consequential (including, but not limited to, damages for loss of goodwill, loss of profit, loss of opportunity, loss or damage related to use of the Software or service in connection with high risk activities, deinstallation and installation fees and costs, damage to personal or real property, work stoppage, computer failure or malfunction, computer security breach, computer virus infection, loss of information or data contained in, stored on, or integrated with any Software including any Software returned to AIOPSGROUP for warranty service) resulting from the use of the Software, relating to warranty service, or arising out of any breach of the limited warranty in section 4 above, even if AIOPSGROUP has been advised of the possibility of such damages.
Article 6. User support
No user support or maintenance is provided as part of this Agreement.
Article 7. Changes to this EULA or the Software
AIOPSGROUP reserves the right, in its sole and absolute discretion, to revise, update, change, modify, add to, supplement, or delete certain terms of this EULA for security, legal, best practice or regulatory reasons. Such changes will be effective with or, as applicable, without prior notice to You. You can review the most current version of this EULA by clicking on the “EULA” link located on the Software or on [ https://aiopsgroup.com/integrations-sfcc-addon-eula/ ]. You are responsible for checking this EULA periodically for changes. If any future changes to this EULA are unacceptable to You or cause You to no longer be in agreement or compliance with this EULA, You may terminate this EULA in accordance with Article 9(3) and must immediately uninstall the Software and destroy all copies of the Software. Your continued use of the Software following any revision to this EULA constitutes Your complete and irrevocable acceptance of any and all such changes.
AIOPSGROUP may modify the Software for any reason or without any specific reason, at any time and at its entire discretion, in particular for technical reasons such as updates, maintenance operations and/or resets to improve and/or optimize the Software. You agree that the Software may install or download the modifications automatically. You agree that AIOPSGROUP may stop to support previous versions of the Software upon availability of an updated version. AIOPSGROUP’s channel partners and associated service providers shall have no obligation to furnish any maintenance or customer support with respect to the Software.
Article. 8. Confidentiality
(1) Each party (the “Recipient”) acknowledges that it may have access to Confidential Information of the other party (the “Disclosing Party”) in connection with this Agreement, and that each party’s Confidential Information is of substantial value to the Disclosing Party, which could be impaired if it were improperly disclosed to third parties or used in violation of this Agreement.
(2) Each Recipient of Confidential Information under this Agreement must: (a) keep the Disclosing Party’s Confidential Information confidential and protect it at least to the same extent it protects its own Confidential Information and to the same extent that a reasonable person would protect such Confidential Information; (b) not use the Disclosing Party’s Confidential Information in any way for its own account or the account of any third party except to perform its duties, exercise its rights or is otherwise authorized under this Agreement; and (c) not disclose the Disclosing Party’s Confidential Information except to perform its duties or exercise its rights under this Agreement or as otherwise authorized under this Agreement, provided that: (i) any disclosure made to the Recipient’s employees, contractors or agents is on a need-to-know basis; and (ii) the Recipient’s employees, contractors or agents in receipt of the Confidential Information are under an obligation of confidentiality no less stringent than that set forth in this section.
(3) Notwithstanding the restrictions in Section 7.2, if the Recipient is required to disclose any of the Disclosing Party’s Confidential Information by law, such as in response to a subpoena or requirement of any regulator, court, arbitral, administrative, or legislative body, the Recipient must: (a) where reasonably possible and permitted, immediately provide written notice to the Disclosing Party of the required disclosure to give the Disclosing Party an opportunity to move for a protective order or otherwise prevent the disclosure; (b) disclose only the minimum amount of Confidential Information required to satisfy the legal obligation; and (c) assert and take proper steps with the body requiring disclosure to maintain the confidentiality of the Confidential Information to be disclosed.
(4) You should immediately, and at least within seventy-two (72) hours, notify AIOPSGROUP if Confidential Information of AIOPSGROUP is used or disclosed in breach of this Agreement.
(5) Upon the Disclosing Party’s request and upon termination of this Agreement (unless agreed otherwise by the parties at the time), each party will return, destroy or delete permanently (at the Disclosing Party’s election) the other party’s Confidential Information.
(6) On termination of this Agreement, the Recipient must continue to keep the Disclosing Party’s Confidential Information confidential for five (5) years in accordance with this article.
Article 9. Term and termination
(1) This Agreement shall be effective from the time you first use the Software or the Products and shall be valid until its termination.
(2) AIOPSGROUP may terminate this Agreement, and the licenses and other rights herein, immediately without notice if you breach or fail to comply with any of the terms and conditions of this Agreement or for other reasons as stated in AIOPSGROUP’s other documentation. You agree that, upon such termination, you will cease using the Software and any Software and either destroy all copies of the AIOPSGROUP documentation or return all materials to AIOPSGROUP.
(3) You may terminate the Agreement at any time upon sending a written notice to AIOPSGROUP at [email@example.com]; however, the Agreement will not be terminated unless you have stopped using the Software completely. Moreover, the Agreement will be immediately terminated if you have failed to comply with any of the terms of this Agreement. Upon termination of the Agreement, the licenses set forth in this Agreement will be immediately terminated, and you agree to cease having any access to the use of the Software, and the documentation. You also confirm that, upon termination of the Agreement, your access to the Software, as will be terminated or limited. Any provisions on confidentiality, intellectual property, dispute resolution procedure, and any applicable law, and any other provisions that by their nature remain in force, shall remain in force upon termination of this Agreement.
Article 10. Indemnification
You shall defend, indemnify and hold harmless AIOPSGROUP and its affiliates, independent contractors, service providers, suppliers, partners, resellers, distributors and consultants, and their respective directors, officers, employees and agents (collectively, the “AIOPSGROUP Parties”) from and against any third party claims, suits or actions and any resulting damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to: (a) the use of, or inability to use the Software; or (b) the violation by you of any terms of this Agreement.
Article 11. Notices
The parties will provide all notices under this EULA in writing. Unless provided otherwise in an Order, You must provide notices by e-mail to [firstname.lastname@example.org].
Article 12. Severability
In the event that certain clauses of this contract or its annexes are invalid, this shall not prejudice the validity of the remainder of the contract or of the contract as a whole. Invalid clauses are replaced by both parties with other valid ones, corresponding to the meaning and purpose of the contractual provisions. In case of disagreement on their content, legal provisions governing such relations shall apply by analogy.
Article 13. No Waiver
No failure or delay by AIOPSGROUP (or its licensors) to exercise any right or remedy provided under this EULA or by law shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy. Waiver of a right or remedy may be considered to have taken place only after signing of a written statement to this effect by AIOPSGROUP or by the User.
Article 14. Entire Agreement
You acknowledge that You have read this EULA, that You understand it, that You agree to be bound by its terms, and that this EULA, along with the Order Terms into which this EULA may be incorporated (as applicable), is the complete and exclusive statement of the agreement between You and Licensor regarding Your use of the Software. All content referenced in this EULA by hyperlink is incorporated into this EULA in its entirety and is available to You in hardcopy form upon Your request.. You represent that You did not rely on any representations or statements that do not appear in this EULA when accepting this EULA.
Article 15. Third Party Rights
Other than as expressly set out in this EULA, this EULA does not create any rights for any person who is not a party to it, and no person who is not a party to this EULA may enforce any of its terms or rely on any exclusion or limitation contained in it.
Article 16. Force majeure
Neither party shall be liable hereunder by reason of any failure or delay in the performance of its obligations under this Agreement on account of strikes, shortages, riots, insurrection, fires, flood, storm, pandemic, explosions, acts of God, war, terrorism, governmental action, labor conditions, earthquakes, volcanic eruption, material shortages or any other cause that is beyond the reasonable control of the party.
Article 17. Court of jurisdiction and applicable law
This Agreement is governed by and construed in accordance with the laws of the Republic of Bulgaria. All disputes arising out of or relating to this Agreement or to supplementary agreements thereto, including disputes arising out of or relating to interpretation, invalidity, non-performance or termination, shall be settled by mutual agreement. If no agreement is reached between the parties, the dispute shall be resolved before the competent court in Sofia.
Article 18. Questions or Additional Information
If you have any questions regarding this Agreement, please contact AIOPSGROUP by sending us an email to [email@example.com].
The Agreement shall be effective from the date of purchase/start of use of the Software and, for the existing users, from the date of its publication on this website.