TeamPulse Hosted Trial Terms of Use
(Last Updated August 18, 2011)
IMPORTANT – PLEASE READ THIS ‘TERMS OF USE’ (THE “AGREEMENT”) CAREFULLY BEFORE ATTEMPTING TO USE THE SOFTWARE AND SERVICE MADE AVAILABLE THROUGH THIS AGREEMENT. THIS AGREEMENT CONSTITUTES A LEGALLY BINDING AGREEMENT BETWEEN YOU OR THE COMPANY WHICH YOU REPRESENT AND ARE AUTHORIZED TO BIND (the “Licensee” or “you”), AND TELERIK CORP. (“Telerik” or “Licensor”). PLEASE CHECK THE “I HAVE READ AND AGREE TO TERMS OF USE” BOX AT THE BOTTOM OF THIS AGREEMENT IF YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. BY CHECKING THE “I HAVE READ AND AGREE TO THE TERMS OF USE” BOX AND/OR BY USING THE SOFTWARE MADE AVAILABLE BY TELERIK THROUGH THIS WEBSITE, YOU ACKNOWLEDGE (1) THAT YOU HAVE READ THIS AGREEMENT, (2) THAT YOU UNDERSTAND IT, (3) THAT YOU AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS, AND (4) TO THE EXTENT YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY, YOU HAVE THE POWER AND AUTHORITY TO BIND THAT COMPANY.
Telerik may at any time revise these terms by updating this posting. By using this service, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then current terms to which you are bound.
Introduction
TeamPulse is Telerik’s proprietary agile project management software product. This Agreement sets forth the terms and conditions of your use of TeamPulse via a hosted trial (the “Service”).
ARTICLE I Terms of Service
1. General Conditions
1.1 Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis.
1.2 Telerik may, but has no obligation to, remove content and accounts containing content that Telerik determines in its sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or this Agreement.
1.3 You understand that the technical processing and transmission of the Service, including your content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
1.4 If your bandwidth significantly exceeds the average bandwidth usage (as determined solely by Telerik) of other Telerik customers, Telerik reserves the right to immediately disable your account or throttle your file or image hosting until you can reduce your bandwidth consumption.
2. Limitations of Use of Service
2.1 You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, Telerik, or any other Telerik service.
2.2 You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express permission from Telerik.
2.3 You must not transmit any worms or viruses or any code of a destructive nature.
2.4 You must not upload, post, host, or transmit unsolicited email, SMSs, or “spam” messages.
2.5 If you or the company you represent are .NET component vendors you are not allowed to use the Service without the express permission of Telerik. If you or the company you represent are a .NET component vendor, you may not purchase a license for or use the Service unless you contact Telerik directly and obtain permission.
3. Use of Google Analytics
The Service uses Google Analytics, a web analytics service provided by Google, Inc. ("Google"). Google Analytics uses "cookies", which are text files placed on your computer, to help Telerik analyze how users use the Service. The information generated by the cookie about your use of the Service (including your IP address) will be transmitted to and stored by Google on servers in the United States. Google will use this information for the purpose of evaluating your use of the Service, compiling reports on website activity for website operators and providing other services relating to website activity and internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google's behalf. Google will not associate your IP address with any other data held by Google. You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of the Service. By using the Service, you consent to the processing of data about you by Google in the manner and for the purposes set out above.
4. Support
As part of your License you are entitled to the Telerik “Trial” Support Package as described in greater detail at http://www.telerik.com/agile-project-management-tools/purchase/technical-support-options.aspx.
5. Product Discontinuance
Telerik reserves the right to discontinue the Service at any time.
6. No Warranties
THE SERVICE IS LICENSED TO YOU “AS IS” WITH ALL FAULTS, AND YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. TELERIK DOES NOT WARRANT THE USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE AT ALL TIMES AND IN ALL CIRCUMSTANCES, NOR THAT PROGRAM ERRORS WILL BE CORRECTED. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, TELERIK DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE SERVICE, EXPRESS AND IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
ARTICLE II General Terms
The terms and conditions of this Article II are applicable to this entire Agreement.
1. Intellectual Property
All title and ownership rights in and to the Service (including but not limited to any images, photographs, animations, video, audio, music, text), the intellectual property embodied in the Service, and any trademarks or service marks of Telerik that are used in connection with the Service are and shall at all times remain exclusively owned by Telerik and its licensors. Any and all rights in the Service not expressly granted to you hereunder are reserved in all respects by Telerik.
2. Term and Termination
Unless terminated earlier, this Agreement shall terminate 30 days from the date you register for the Service. Telerik may terminate this Agreement at any time upon written notice to you. This Agreement shall terminate immediately if you breach the terms and conditions of this Agreement. Upon termination of this Agreement for any reason, all licenses granted to you under this Agreement shall terminate.
3. Indemnity
You agree to indemnify, hold harmless, and defend Telerik and its licensors from and against any and all claims, lawsuits and proceedings (collectively “Claims”), and all expenses, costs (including attorney’s fees), judgments, damages and other liabilities resulting from such Claims, that arise or result from your use or misuse of the Service.
4. Limitation of Liability
To the maximum extent permitted by applicable law, in no event will Telerik be liable for any indirect, special, incidental, or consequential damages arising out of the use of or inability to use the Service or otherwise relating to this Agreement, including, without limitation, damages for loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses, even if advised of the possibility thereof, and regardless of the legal or equitable theory (contract, tort or otherwise) upon which the claim is based. In any case, Telerik’s entire liability in connection with your use of the Service under this Agreement shall not exceed in the aggregate the sum of five dollars ($5.00), notwithstanding any failure of essential purpose of any limited remedy. Some jurisdictions do not allow the exclusion or limitation of incidental, consequential or other damages, so this exclusion and limitation may not be applicable. Telerik and its licensors are not responsible for any liability arising out of content provided by Licensee or a third party that is accessed through the Service, or for liability arising from use of Lucene.net.
5. Governing Law
This Agreement and the licenses granted hereunder will be governed by the law of the Commonwealth of Massachusetts, U.S.A., without regard to the conflict of laws principles thereof. The Uniform Computer Information Transactions Act and the United Nations Convention on the International Sale of Goods shall not apply to this Agreement. If any provision of this Agreement is to be held unenforceable, such holding will not affect the validity of the other provisions hereof. Failure of a party to enforce any provision of this Agreement shall not constitute or be construed as a waiver of such provision or of the right to enforce such provision.
6. No Assignment
You may not assign, sublicense, sub-contract, or otherwise transfer this Agreement, or any rights or obligations under it, without Telerik’s prior written consent.
7. Entire Agreement
This Agreement shall constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous communications regarding the subject matter hereof, and may only be amended by a written agreement between the parties.
8. No Waiver
Failure of a party to enforce any provision of this Agreement shall not constitute or be construed as a waiver of such provision or of the right to enforce such provision.
9. Severability
If a particular provision of this Agreement is terminated or held by a court of competent jurisdiction to be invalid, illegal, or unenforceable, this Agreement shall remain in full force and effect as to the remaining provisions.
10. Survival
This Article III, all provisions of this Agreement containing license restrictions, warranties and warranty disclaimers, confidentiality obligations, limitations of liability and/or indemnity terms, and any terms that expressly state that they shall survive termination or expiration, shall survive termination or expiration of this Agreement.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, THAT YOU UNDERSTAND THIS AGREEMENT, AND UNDERSTAND THAT BY CONTINUING THE INSTALLATION OR USE OF THE SOFTWARE, OR BY LOADING OR RUNNING THE SOFTWARE IN ANY WAY YOU AGREE TO BE BOUND BY THIS AGREEMENT’S TERMS AND CONDITIONS. YOU FURTHER AGREE THAT, EXCEPT FOR WRITTEN SEPARATE AGREEMENTS BETWEEN TELERIK AND YOU, THIS AGREEMENT IS A COMPLETE AND EXCLUSIVE STATEMENT OF THE RIGHTS AND LIABILITIES OF THE PARTIES.