CBORD Mobile Inventory Terms of Service, January 2018
IMPORTANT – READ CAREFULLYEND USER LICENSE AGREEMENT
This End-User License Agreement (EULA) is a non-transferable, non-exclusive license agreement between you and The CBORD Group, Inc. (CBORD). This EULA includes software and may include any online or electronic documentation (Software Product) for your sole and exclusive benefit.
- LIMITATIONS ON USE:
You may not reverse engineer, decompile, enhance, modify, or disassemble the Software Product. You may not rent, sublicense, resell, lease, give, or lend the Software Product. CBORD may change the terms and conditions of this End-User License Agreement from time to time. CBORD may, but is not required to, notify Subscriber by e-mail, online via a website or other electronic notice of such changes. Subscriber’s continued use of the Software Product constitutes Subscriber’s acceptance of those changes.
Without prejudice to any other rights, CBORD may terminate this EULA if you fail to comply with any of the terms and conditions herein.
All title and intellectual property rights in and to the Software Product (including but not limited to any images, photographs, animations, video, audio, music, text, and applets incorporated into the Software Product), any accompanying materials, and any copies of the Software Product are owned by CBORD. All title and intellectual property rights of the Software Product is the property of CBORD, and is protected by applicable copyright or other intellectual property laws and treaties. All rights not expressly granted are reserved by CBORD. You acknowledge and agree that any third-party software product is the property of the respective third-party owner or licensor and that you have no right or title, nor will it assert any right or title in the same. You will keep the Software Product free and clear of all liens, security interests and other encumbrances.
CBORD PROVIDES THE SOFTWARE PRODUCT AS IS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CBORD DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE, WITH REGARD TO THE SOFTWARE PRODUCT.
EACH PARTY ACKNOWLEDGES THAT THE OTHER PARTY MAKES NO WARRANTY THAT CBORD SERVICES WILL BE ACCESSIBLE WITHOUT INTERRUPTION.
- LIMITATION OF LIABILITY:
IN NO EVENT SHALL CBORD OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT OR THE FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF CBORD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- GOVERNING LAW:
This EULA is governed by the laws of the State of New York.
- EXPORT COMPLIANCE:
The Product Software and related technology are subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree to strictly comply with all such laws and regulations and acknowledge that you have the responsibility to obtain authorization to export, re-export, or import the Product Software and related technology, as may be required. You will indemnify and hold harmless CBORD from any and all claims, losses, liabilities, damages, fines, penalties, costs and expenses (including attorney’s fees) arising from or relating to any breach by you of your obligations under this section.
This Agreement (including the attachments hereto) states the entire agreement of the parties. Except as herein expressly provided to the contrary, the provisions of the Agreement are for the benefit of the parties hereto solely, and not for the benefit of any other person, persons, or legal entities. No waiver, alteration or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of CBORD and You, and expressly referring to this Agreement.
TERMS OF SERVICE
“Customer” means the entity that licenses the core CBORD system and licenses the software.
“Patrons” or “Users” mean individuals with Customer’s organization who have the right to use the Services, as dictated by the number of User Licenses purchased by Customer.
“Service(s)” means the Service(s) provided as part of the app that you, the User are installing and using under these Terms of Service.
Only those individuals who Customer designates as authorized Users may use and access the Service. Only Users who have administrator privileges may add additional authorized Users to the Service up to and including the total number of User Licenses purchased during the Subscription term. User Licenses cannot be shared or used by more than one individual authorized User and cannot be reassigned to a new User to replace a current authorized User who has terminated employment or otherwise changed job status or function and no longer uses the Service. However, a User who has administrator privileges may delete an authorized User from the Service and add a new authorized User to the Service to replace the former authorized User.
Termination by CBORD. CBORD may cancel or suspend Customer’s use of the Service or a portion of thereof at any time if Customer violates the terms of this Agreement, if CBORD believes that Customer’s use of the Service represents a direct or indirect threat to its network function or integrity or anyone else’s use of the Service, or if CBORD is otherwise required by law to do so. Upon notification by CBORD of any such cancellation or suspension, Customer’s right to use the Service will stop immediately. Cancellation or suspension of the Service for Customer’s violation of the terms of this Agreement will not change Customer’s obligation to pay any Subscription fees due for the applicable Term.
Effect of termination. Upon termination or cancellation of the Service by either party for any reason, CBORD may delete Customer’s data permanently from its servers. Notwithstanding the foregoing, CBORD will keep Customer’s data for a period of 90 days before it is deleted from CBORD’s servers. Customer is solely responsible for taking the necessary steps to back up its onsite card system data and ensure that it maintains its primary means of business.
Access and Disclosure
In order to operate and provide the Services, CBORD collects certain information about its Customers and Users. CBORD uses and protects that information as described herein and in CBORD’s privacy statement, available at /about/privacy/ (“Privacy Statement”). In particular, CBORD may access or disclose information about Customer or Users, including the content of its communications, in order to:
- comply with the law or respond to lawful requests or legal process;
- protect the rights or property of CBORD or its Customers/Users, including the enforcement of its agreements or policies governing Customer/User’s use of the Services; or
- act when CBORD believes, in good faith, that such access or disclosure is necessary to protect the personal safety of CBORD employees, Customers, Users or the public.
User hereby consents to the access and disclosures outlined in this section.
Transfer of personal information.
Personal information collected through the Service may be stored and processed in the United States or any other country in which CBORD or its affiliates, subsidiaries, or agents maintain facilities. By using the Service, User consents to any such transfer of information outside of its country.
User may not:
- use the Service in any way that harms CBORD or its Affiliates, resellers, distributors and/or vendors (collectively, the “CBORD parties”), or any customer of a CBORD party or the Service or other Users;
- engage in, facilitate, or further unlawful conduct;
- damage, disable, overburden or impair the Service (or the networks connected to the Service) or interfere with anyone’s use and enjoyment of the Service;
- resell or redistribute the Service, or any part of the Service, unless Customer has a contract with CBORD that permits it to do so;
- use any portion of the Service as a destination linked from any unsolicited bulk messages or unsolicited commercial messages (“spam”);
- use any unauthorized automated process or service to access and/or use the Service (such as a BOT, a spider, periodic caching of information stored by CBORD or “meta-searching”), however, periodic automated access to the Service for report creation or scheduling is permitted;
- use any unauthorized means to modify or reroute, or attempt to modify or reroute, the Service or work around any of the technical limitations in the Service;
- modify, create derivative works from, reverse engineer, decompile or disassemble or otherwise attempt to discover any trade secret contained in the Service or in any technology, or system used by CBORD in connection with providing the Service;
- create Internet “links” to the Service or “frame” or “mirror” any content of the Service to give the impression that User is offering all of the functionality of the Service as its service located on its own servers;
- build a product or service using similar ideas, features, functions or graphics of the Service;
- copy any ideas, features, functions or graphics of the Service.
Limits on Service
CBORD may establish limits on the Service. For example, it may limit the number of days the Service will retain any content that CBORD, Customer or its Users provide, the number and size of email messages that Customer may send or receive through the Service, the maximum storage space available, the, how long CBORD retains an inactive Service account (one where User does not sign in to the Service for an extended period of time; the number of transactions Customer can conduct through the Service, and the number of asynchronous transactions that can be executed with an organization .
User agrees that CBORD shall have the right to subcontract for all or a portion of the CBORD Services to be performed under this Addendum.
This website is owned and/or operated by The CBORD Group, Inc. (“CBORD”). This privacy statement has been created in order to disseminate our firm commitment to the privacy of any information you provide. The following statement discloses our information-gathering and dissemination practices of CBORD websites. Any and all information collected at CBORD websites are kept strictly confidential and will not be sold, reused, rented, loaned, or otherwise disclosed. Any information you give to CBORD will be held with the utmost care, and will not be used in ways that you have not consented to, unless required by law. It is CBORD’s policy to secure any information collected and use it only to provide information and services directly related to our contractual agreements.
The Information We Gather
Registration Information – To use certain features of the CBORD websites, you may be required to register online. The registration process requires users to give us contact information like their name, birth date, and email address. We do not share registration information with any entities with the exception of email addresses shared with third-party business partners; in this case we will notify you before sharing your email address. The email address provided for client accounts is used to allow you to subscribe to CBORD email communications and to give CBORD the ability to deliver registration confirmation messages, password hints upon request, User Advisory Council communications, and important support and product bulletins. Some information provided may be used to identify you once logged into the CBORD site.
IP Address – CBORD may track your IP address to help diagnose problems with our server, and to administer our website.
How We Use and Disclose Your Information
We use your information to deliver personalized services to you. By providing your e-mail address or other personal information to us, it will be used only by us and only in response to a request by you.
We do not provide your personally identifiable information to third parties or mass marketers without your consent. Unless you consent to the disclosure of your personally identifiable information, only we and our affiliates, our technical consultants, third party auditors and other third parties who make our site available, enhance its functionality, or provide associated services and/or who deal with you in delivering content have access to this information, and we require them to agree that they are covered by this policy. Please note that we do reserve the right to transfer your personally identifiable information and other information that you have provided to us to our successors in business and purchasers of our assets.
We may also disclose aggregated data to our advertisers and other third parties to generate reports, marketing and technical research and for related business purposes, i.e., how many people saw or clicked on an ad and additionally, how many people saw or clicked on ads in different portions of our service. Where available, we may offer additional information about viewer characteristics. However, this does not include personally identifiable information about you or your online usage patterns.
CBORD is not a bank or banking enterprise and not subject to the Graham-Leach-Bliley Act. CBORD acknowledges you may be bound by the restrictions of unauthorized disclosure of student personal information under the Family Educational Rights and Privacy Act, Buckley Amendment (20 USC § 1232g 1974; last amended 1998) and with respect to financial information including as credit card information, CBORD shall abide by the Gramm-Leach-Bliley Act (15 USC § 6801) and strictly safeguard all student financial information. CBORD further agrees that it is being given Student Information for a limited purpose of fulfilling its duties, and CBORD shall not use this information for any other purpose.
By using CBORD applications, you consent to the collection, use, and storage of your personal and non-personal information as described above. You also authorize the export of personal information and its storage and use as specified above when you provide such information to us.
If you have questions about this privacy statement or the practices of this website, please contact:
The CBORD Group, Inc.
950 Danby Road, Suite 100C
Ithaca, NY 14850
Tel: 1.844.GO.CBORD (844.462.2673)
Username, Password and Security
The registration process may require you choose a username (email address) and password. You are responsible for maintaining the confidentiality of the password and your account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify CBORD of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you log off from your account at the end of each session. CBORD cannot and will not be liable for any loss or damage arising from your failure to comply with this section.
CBORD reserves the right to change this agreement at any time by revising the terms and conditions herein. You are responsible for regularly reviewing these terms and conditions and your use of the application following any such change, constitutes your acceptance of such changes.
CBORD reserves the right to change the application at any time at its sole discretion without notice to users. CBORD may deny access to the application to anyone at any time.
ANY RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED
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