Legal
Introduction
These End User Terms and Conditions of Use (this “Agreement”) govern your use of Cyware Labs, Inc.’s (the “Cyware”) proprietary software applications (the "Software"), including user manuals, technical manuals, and any other materials provided by Cyware, in printed, electronic, or other form, that describe the Software, its specifications, or its use (the "Documentation") through a website or mobile application, or other means of access whether provided by Cyware (as applicable, collectively referred to as the “Cyware Services”) provided to you ("you" or "your" or “Customer” or Customer’s “End Users” as defined below ) for use pursuant to and subject to a master services agreement (“MSSA”), or similar agreement (“MSSA”) between Cyware and Customer, or pursuant to an agreement between an End User and Customer (“Cyware Services Access Agreement”) which provides for access to Cyware Services.
BY DOWNLOADING OR OTHERWISE ACCESSING THE SOFTWARE OR BY INDICATING YOUR ACCEPTANCE TO THIS AGREEMENT, YOU: (I) REPRESENT THAT YOU ARE DULY AUTHORIZED TO ACCESS AND USE THE SOFTWARE; AND (II) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY THEM. If you do not agree with the terms and conditions of the Agreement, you may not download or use the Cyware Services in any manner and should exit the Cyware Services immediately. This is a legal and binding contract between you and Cyware. The Cyware Services are made available solely for use by you, your employees (if applicable), agents (if applicable) and contractors (if applicable) (“End Users”) according to this Agreement.
1. Access and Use
Subject to the terms and conditions of this Agreement, Cyware grants Customer a limited, revocable, non-exclusive, non-sublicensable right, during the applicable term, to remotely access and use the functionality of Cyware Services as a software-as-a-service solution solely for Customer, or Customer’s internal business purposes (if applicable) by Customer and its End Users, and for any designated End Users under a Cyware Services Access Agreement. Customer shall be responsible for providing all End Users (if applicable) with a copy of this Agreement for review and consent. Customer shall be responsible and liable for all access to and use of the Cyware Services directly or indirectly by itself, or its End Users with or without Customer's knowledge or consent. Customer shall cause all End Users to comply with all obligations, representations and warranties of Customer under this Agreement. Notwithstanding anything to the contrary herein, no term or condition of this Agreement shall be interpreted to grant to Customer or any End User rights to use, reproduce or distribute Cyware Services or any work product, trade secret, technology, invention, process, work of authorship or other software under any intellectual property rights of Cyware.
2. Limitations on Use
Subject to the terms and conditions of this Agreement, Cyware grants Customer a limited, revocable, non-exclusive, non-sublicensable right, during the applicable term, to remotely access and use the functionality of Cyware Services as a software-as-a-service solution solely for Customer, or Customer’s internal business purposes (if applicable) by Customer and its End Users, and for any designated End Users under a Cyware Services Access Agreement. Customer shall be responsible for providing all End Users (if applicable) with a copy of this Agreement for review and consent. Customer shall be responsible and liable for all access to and use of the Cyware Services directly or indirectly by itself, or its End Users with or without Customer's knowledge or consent. Customer shall cause all End Users to comply with all obligations, representations and warranties of Customer under this Agreement. Notwithstanding anything to the contrary herein, no term or condition of this Agreement shall be interpreted to grant to Customer or any End User rights to use, reproduce or distribute Cyware Services or any work product, trade secret, technology, invention, process, work of authorship or other software under any intellectual property rights of Cyware. Subject to the terms and conditions of this Agreement, Cyware grants Customer a limited, revocable, non-exclusive, non-sublicensable right, during the applicable term, to remotely access and use the functionality of Cyware Services as a software-as-a-service solution solely for Customer, or Customer’s internal business purposes (if applicable) by Customer and its End Users, and for any designated End Users under a Cyware Services Access Agreement. Customer shall be responsible for providing all End Users (if applicable) with a copy of this Agreement for review and consent. Customer shall be responsible and liable for all access to and use of the Cyware Services directly or indirectly by itself, or its End Users with or without Customer's knowledge or consent. Customer shall cause all End Users to comply with all obligations, representations and warranties of Customer under this Agreement. Notwithstanding anything to the contrary herein, no term or condition of this Agreement shall be interpreted to grant to Customer or any End User rights to use, reproduce or distribute Cyware Services or any work product, trade secret, technology, invention, process, work of authorship or other software under any intellectual property rights of Cyware.Subject to the terms and conditions of this Agreement, Cyware grants Customer a limited, revocable, non-exclusive, non-sublicensable right, during the applicable term, to remotely access and use the functionality of Cyware Services as a software-as-a-service solution solely for Customer, or Customer’s internal business purposes (if applicable) by Customer and its End Users, and for any designated End Users under a Cyware Services Access Agreement. Customer shall be responsible for providing all End Users (if applicable) with a copy of this Agreement for review and consent. Customer shall be responsible and liable for all access to and use of the Cyware Services directly or indirectly by itself, or its End Users with or without Customer's knowledge or consent. Customer shall cause all End Users to comply with all obligations, representations and warranties of Customer under this Agreement. Notwithstanding anything to the contrary herein, no term or condition of this Agreement shall be interpreted to grant to Customer or any End User rights to use, reproduce or distribute Cyware Services or any work product, trade secret, technology, invention, process, work of authorship or other software under any intellectual property rights of Cyware. Subject to the terms and conditions of this Agreement, Cyware grants Customer a limited, revocable, non-exclusive, non-sublicensable right, during the applicable term, to remotely access and use the functionality of Cyware Services as a software-as-a-service solution solely for Customer, or Customer’s internal business purposes (if applicable) by Customer and its End Users, and for any designated End Users under a Cyware Services Access Agreement. Customer shall be responsible for providing all End Users (if applicable) with a copy of this Agreement for review and consent. Customer shall be responsible and liable for all access to and use of the Cyware Services directly or indirectly by itself, or its End Users with or without Customer's knowledge or consent. Customer shall cause all End Users to comply with all obligations, representations and warranties of Customer under this Agreement. Notwithstanding anything to the contrary herein, no term or condition of this Agreement shall be interpreted to grant to Customer or any End User rights to use, reproduce or distribute Cyware Services or any work product, trade secret, technology, invention, process, work of authorship or other software under any intellectual property rights of Cyware.