License Agreement

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Terms of Service for Telerik AppFeedback

(Last Updated January 22, 2015)

What the Agreement Covers:

The Services (as defined below) are being made available by Telerik AD (“Telerik,” “we,” “us,” or “our”) to You on the condition that You agree to these terms and conditions (the “Terms of Service” or “Agreement”).  “Customer,” “You,” or “Your” refers to the person accessing or using the Services, or, if the Services are being used on behalf of an organization, such as an employer, "You" means such organization. In the latter case, the person accessing or using the Services represents and warrants that he or she has the authority to do so and bind such organization to these Terms of Service.  Violation of any of the terms below will result in the termination of this Agreement and the Services. BY CLICKING THE "I ACCEPT" BUTTON, COMPLETING THE REGISTRATION PROCESS, OR USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE REVIEWED AND ACCEPT THESE TERMS AND ARE AUTHORIZED TO ACT ON BEHALF OF, AND BIND TO THIS AGREEMENT, THE OWNER OF THIS ACCOUNT.  IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS, YOU MUST NOT ACCEPT THIS AGREEMENT AND MAY NOT ACCESS OR USE THE SERVICES.

This Agreement contains Additional Terms for Telerik AppFeedback which are made a part of and are subject to the General Terms of Service for Telerik Platform (the “General Terms”) and by agreeing to the terms of this Agreement You also agree to the General Terms. Any defined terms used but not defined in this Agreement have the meanings ascribed to them in the General Terms.

This is a license agreement and not an agreement for sale.

1. Certain Definitions.

"Account" means a Developer Account.

"Feedback" means the feedback, comments, communications, notes, images, and other data concerning the characteristics of your Properties and/or activities or experiences of End-users that is collected, submitted, and/or generated through use of the Feedback Code or the Processing Software.

"End-users" means users of Your Properties or Third-Party Properties.

"Processing Software" means the Telerik AppFeedback server-side software and any upgrades, which collects, processes, and/or stores the Feedback.

"Property" means one or more Applications that are linked to an Account and use the Feedback Code.

"Servers" means the servers controlled by Telerik (or its parent, subsidiaries, affiliates, or service providers) on which the Processing Software and Feedback are stored.

Services” means the Telerik AppFeedback products and services, including the Software, Documentation and any technology, information, software, materials, documentation and updates made available to You/Your Licensed Developer(s) through this portal.

"Software" means the FeedBack Code and the Processing Software.

"Third Party" means any third party (i) to which You provide access to Your Account; or (ii) for which You use the Services to collect Feedback on the third party's behalf.

"Feedback Code" means the Telerik AppFeedback code or components delivered/provided by Telerik for implementation into Your Properties by You, together with any fixes, updates, and upgrades provided to You.

The words "include" and "including" mean "including but not limited to."

2. Nonexclusive Licenses.

2.1. Licenses. Subject to the terms and conditions of this Agreement, Telerik grants You/Your Licensed Developer(s) during the period, and to the extent, for which You have obtained a Subscription a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to: (a) install, copy, use, and distribute the Feedback Code solely within Your Properties and for the sole purpose of collecting Feedback; and (b) to access and use the Services in order to access, customize, view, and download Your Feedback.  The Feedback Code may not be distributed except as solely necessary for You to use the Services on Your Properties or Third-Party Properties.

2.2. Usage on Behalf of Third Party.  If You use the Services on behalf of a Third Party, or a Third Party otherwise uses the Services through Your Account, whether or not You are authorized by Telerik to do so, then You represent and warrant that: (i) You are authorized to act on behalf of, and bind to this Agreement, the Third Party to all obligations that You have under this Agreement; (ii) Telerik may share with the Third Party any Feedback that is specific to the Third Party’s Properties; and (iii) You will not disclose Feedback owned by the Third-Party to any other party without the Third Party’s consent.

2.3. Compliance with Terms and Applicable Laws.  You shall be solely and exclusively responsible for:  (i) compliance with these Terms of Service by You, Your Licensed Developer(s), and any Third Party; (ii) the accuracy and quality of the Feedback; (iii) preventing unauthorized access to or use of the Services and the Telerik Intellectual Property and notifying us promptly of any such unauthorized access or use thereof; (iv) using the Services and any/all Telerik Intellectual Property strictly in accordance with Applicable Laws; (v) as required by Applicable Laws, notifying End-users, obtaining and maintaining informed consents from End-users, processing opt-out requests, and otherwise complying with all Applicable Laws in each relevant jurisdiction to permit Your collection, disclosure, storage, and use of the Feedback in accordance with these Terms of Service, including, but not limited to, licensing the Feedback to Telerik for purposes of storage, processing, and delivery of such Feedback; and (vi) obtaining and maintaining all computer hardware, Internet access, and Internet services needed to access and use the Services.

2.4. License from Customer. You license to Telerik (and its affiliates and necessary sublicensees), all Intellectual Property or other rights required to allow Telerik to use or process Your and/or Your Third Parties’ Feedback, or other information through the Services. Other than as necessary to provide the Services, Telerik has no right of ownership or control over Feedback or other information provided by You/Your Licensed Developer(s), End-users or Third Parties in connection with the use of the Services.  You are solely responsible for protecting any rights You or Your Third Parties have, or may have, in Your, their, or End-user’s Feedback or other information.  Telerik and its affiliates may retain, aggregate, use, and resell, both during and after the subscription period: (i) any analytical information collected in connection with any use of the Services under Your Account and any subaccounts created under Your Account; and (ii) any anonymized Feedback.

4. Privacy.

Your/Your Licensed Developer(s)’/Your End-users’ use or configuration of Feedback Code will determine the nature and scope of Feedback collected, stored, delivered, and otherwise processed by the Software.  Telerik reserves the right to modify available settings and options from time to time at its discretion.  You are solely and exclusively responsible for Your/Your Licensed Developer(s)’/Your End-users’ use of the Feedback Code, data collection/submission practices, all Feedback use/collection/submission/storage, and compliance with Applicable Laws.  The Services provided by Telerik merely enable You to generate, collect, store, and analyze Feedback.  Telerik makes no representation or warranty that Your use of the Services conforms to Applicable Laws in any jurisdiction, and provides no legal advice.  You are solely and exclusively responsible for Your, Your Licensed Developer(s), and any Third Party’s usage of the Services, and all decisions regarding the Services and Feedback.  You are the data controller, and Telerik will process the Feedback only in accordance with Your directions.

You represent and warrant to Telerik that Your/Your Licensed Developer(s)’/Your End-users’ collection and/or provision of the Feedback to Telerik complies with Applicable Laws, and that You have an unqualified right to grant Telerik a non-exclusive license in and to the Feedback for the same purposes.  You acknowledge and agree that You are solely responsible for complying with all Applicable Laws regarding the collection and use of Feedback.

At all times during Your and Your Licensed Developer(s)’ use of the Services, You shall publish and maintain a privacy policy on each Property and shall cause any and all Third Parties to publish and maintain a privacy policy on each Third-Party Property as set forth in this Section.  Each such privacy policy shall be clearly written and shall be prominently linked from the Property or Third-Party Property, as applicable.  At all times during the Term, You shall ensure that Your relationship with Telerik, as described herein, is in compliance with such privacy policies.

Such privacy policies shall, at the minimum, prominently and clearly disclose:  (i) the nature and scope of the data collection on the applicable Property or Third-Party Property; (ii) the use of cookies and other tracking technologies; (iii) the use of the Services and its features; and (iv) how End-users may opt-out of or opt-in to the submission/collection of Feedback. 

5. Term and Termination.

5.1. This Agreement and the Licenses granted hereunder, along with Your and Your Licensed Developer(s) use of and access to the Services, will last only while You have an active Subscription and only as long as You and Your Licensed Developer(s) use the Services in compliance with this Agreement and the General Terms. Unless otherwise prohibited by law, and without prejudice to Telerik’s other rights or remedies, Telerik shall have the right to terminate this Agreement and the License granted hereunder in accordance with the General Terms. Upon termination of this Agreement, all Licenses granted to You hereunder shall terminate automatically and You and Your Licensed Developer(s) shall immediately cease use of the Services including all distribution and use of the Feedback Code for the collection of Feedback. You must also destroy all copies of the Feedback Code, Documentation and any product or company logos provided by Telerik in connection with this Agreement. Except in the case of termination by Telerik for Your breach of the Agreement, You may continue to copy and distribute the Feedback Code solely to the extent that the it is already installed or incorporated into Your existing Property at the time of such termination or cancellation, and solely for such period of time as is reasonably necessary to remove the Feedback Code from such Property, but in no event later than the next major release of such Property following termination or cancellation.

5.2. Upon cancellation, suspension or termination, all Licenses granted to You hereunder shall terminate automatically, Your right to use the Services shall cease. Telerik will hold Your Feedback for the same period and subject to the same terms of the General Terms which apply to the retention of Content and Applications. After the end of such period Your Feedback will be deleted. You are solely responsible for backing up Your Feedback.

6. Third Party Clearances.

As part of the Services, You/Your Licensed Developer(s) may be granted access to, original or modified, code from the following third party projects:

- AMD loader  
License: MIT License
Available at: https://github.com/jrburke/requirejs

- RequireJS Json  
License: MIT License
Available at: https://github.com/jrburke/requirejs

- RequireJS Text 
License: MIT License
Available at: https://github.com/jrburke/requirejs

- EventEmitter
License: MIT License
Available at: git.io/ee

- JQuery  
License: MIT License
Available at: jquery.org

- Autosize  
License: MIT License
Available at: http://www.jacklmoore.com/autosize

- Modernizr
License: MIT/BSD License
Available at: http://modernizr.com/

- MomentJS  
License: MIT License
Available at: momentjs.com

- express 
License: MIT License
Available at: https://github.com/visionmedia/express

- connect 
License: MIT License
Available at: https://github.com/senchalabs/connect

- swagger-node-express 
License: Apache 2.0
Available at: https://github.com/wordnik/swagger-node-express

- passport 
License: MIT License
Available at: http://passportjs.org/

- passport-oauth-wrap
License: MIT License
Available at: https://github.com/rabchev/passport-oauth-wrap

- connect-ensure-login 
License: MIT License
Available at: https://github.com/jaredhanson/connect-ensure-login

- entree
License: MIT License
Available at: http://rabchev.github.io/entree

- async 
License: MIT License
Available at: https://github.com/caolan/async

- lodash
License: MIT License
Available at: http://lodash.com/license

- express3-handlebars
License: BSD
Available at: https://github.com/ericf/express3-handlebars

- winston 
License: MIT License
Available at: https://github.com/flatiron/winston

- optimist
License: MIT / X11
Available at: https://github.com/substack/node-optimist

- redis-sentinel
License: MIT License
Available at: https://github.com/ortoo/node-redis-sentinel

- connect-redis
License: MIT License
Available at: https://github.com/visionmedia/connect-redis

- needle 
License: MIT License
Available at: https://github.com/tomas/needle

- chai-jquery
License: MIT License
Available at: https://github.com/chaijs/chai-jquery

- grunt-express-server
License: MIT License
Available at: https://github.com/ericclemmons/grunt-express-server

- grunt-nodemon
License: MIT License
Available at: https://github.com/ChrisWren/grunt-nodemon

- grunt-simple-mocha 
License: MIT License
Available at: https://github.com/yaymukund/grunt-simple-mocha

- sinon-chai
License: WTFPL
Available at: https://github.com/domenic/sinon-chai

- grunt-bump
License: MIT License
Available at: https://github.com/vojtajina/grunt-bump

- grunt-concurrent
License: MIT License
Available at: https://github.com/sindresorhus/grunt-concurrent

- chai
License: MIT License
Available at: http://chaijs.com

- grunt-release 
License: MIT License
Available at: https://github.com/geddski/grunt-release

- grunt-shell
License: MIT License
Available at: https://github.com/sindresorhus/grunt-shell

- sinon
License: BSD
Available at: http://cjohansen.no/sinon/

- grunt 
License: MIT License
Available at: http://gruntjs.com/

- mocha
License: MIT License
Available at: https://github.com/visionmedia/mocha

- grunt-contrib-connect
License: MIT License
Available at: https://github.com/gruntjs/grunt-contrib-connect

- grunt-contrib-jshint 
License: MIT License
Available at: https://github.com/gruntjs/grunt-contrib-jshint

- grunt-contrib-watch
License: MIT License
Available at: https://github.com/gruntjs/grunt-contrib-watch

- grunt-node-inspector
License: MIT License
Available at: https://github.com/ChrisWren/grunt-node-inspector

- zombie
License: MIT License
Available at: http://zombie.labnotes.org/

- grunt-mocha
License: MIT License
Available at: https://github.com/kmiyashiro/grunt-mocha

- nodemon
License: MIT License
Available at: http://nodemon.io

6. Survival.

Any provisions of this Agreement containing license restrictions, warranties and warranty disclaimers, confidentiality obligations, limitations of liability, and/or indemnity terms, and any term of the Agreement which, by its nature, is intended to survive termination or expiration, shall remain in effect following any termination or expiration of this Agreement.

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, THAT YOU UNDERSTAND THIS AGREEMENT, AND UNDERSTAND THAT BY CONTINUING TO ACCESS THE SERVICES, BY LOADING OR RUNNING THE SOFTWARE, OR BY PLACING OR COPYING THE SOFTWARE ONTO YOUR COMPUTER HARD DRIVE, 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 INCLUDING THE GENERAL TERMS IS A COMPLETE AND EXCLUSIVE STATEMENT OF THE RIGHTS AND LIABILITIES OF THE PARTIES.