Cyware End User Terms & Conditions of Use
Limitations on Use
- copy the Software or the Documentation, in whole or in part;
- modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Software or any part thereof;
- combine the Software or any part thereof with, or incorporate the Software or any part thereof in, any other programs;
- reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Software or any part thereof;
- remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices included on or in the Software or Documentation, including any copy thereof;
- rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise provide any access to or use of the Software or any features or functionality of the Software, for any reason, to any other person or entity, including any subcontractor, independent contractor, affiliate, or service provider of Licensee, whether or not over a network and whether or not on a hosted basis, including in connection with the internet, web hosting, wide area network (WAN), virtual private network (VPN), virtualization, time-sharing, service bureau, software as a service, cloud, or other technology or service;
- use the Software or Documentation in violation of any law, regulation, or rule;
- use the Software or Documentation for purposes of competitive analysis of the Software, the development of a competing software product or service, or any other purpose that is to the Licensor's commercial disadvantage;
- loan, lease, distribute or transfer the Software to any third parties; or
- modify or disable the Services or use the Services in any manner that interferes with or disrupts the integrity or performance of the Services or related systems, network or data.
Intellectual Property Rights
Collection and Use of Information
- Software-as-a-Service Deployment. The Software may be accessed via the web-based Platform (a “SaaS Deployment”). If SaaS Deployment is indicated on an applicable Order, Licensor shall provision all necessary access to the Software by providing necessary access credentials to you.
- On-Prem Deployment. The Platform and Software may be locally installed (an “On Prem Deployment”) in Licensee’s owned cloud environment or physical server (collectively, “Licensee Environment”). If On Prem Deployment is indicated as a part of an applicable Order, Licensor shall deliver the Platform and Software electronically or by other means as agreed between the parties, within the On-Prem Deployment delivery period specified as a part of an applicable Order. You and/or the Licensee are responsible for obtaining, deploying and maintaining all computer hardware, software, network and other communications equipment necessary for you to access the Software in the Licensee Environment.
Software Features and Changes
Disclaimers and Limits of Liability
IN NO EVENT WILL THE COMPANY BE LIABLE TO YOU AS A RESULT OF YOUR USE OF THE SOFTWARE FOR ANY DAMAGES, CLAIMS OR COSTS WHATSOEVER OR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL DAMAGES, OR ANY LOST PROFITS OR LOST SAVINGS, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, DAMAGES, CLAIMS OR COSTS OR FOR ANY CLAIM BY ANY THIRD PARTY. THE FOREGOING LIMITATIONS AND EXCLUSIONS APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION. THE COMPANY'S AGGREGATE LIABILITY UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT PAID, IF ANY, FOR THE SOFTWARE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.