TERMS OF SERVICE AGREEMENT
Customer agrees and understands that:
- Cobalt Iron (CI) does not sell its software. Customers are extended a non-exclusive, non-transferable, revocable right to use such Products during the Term. Such Products are proprietary to CI, contain CI trade secrets, and are copyrighted and patented. Any upgrade to the Products or replacement Products is considered to be the same as the Products that it upgrades or replaces, and no new rights are granted. Upgrades or replacement Products are provided solely at CI’s discretion. No party: (a) copy, modify, disassemble, decompile, or reverse engineer software; and (b) use, distribute or otherwise dispose of such software, except as expressly permitted under this Agreement. CI reserves all right, title and interest in and to software expressly granted by CI under this agreement.
- Subject to the terms of this Agreement, CI grants Customer the right to (a) use, install, and operate the Products, in (a) use, install, and operate a copy of the software, in executable code format only, (b) make a single copy of the software for backup purposes, and (c) make a reasonable number of copies of software documentation to support its internal use of the software.
- No party has the right to publish any performance benchmark results of the Products without prior written approval from CI. Customers agree to follow the operating procedures published by CI from time to time, including the maintenance of the Products. Customers understand that CI may install new versions of the software from time to time and Customer and Customers shall ensure that its staff are adequately trained on the use and application of Products.
- That operation of the software requires that the Customer, at its cost, provide the appropriate hardware and third party software. Customer will ensure that its site will have internet access required for the software and shall implement procedures for the protection of data and other information in the event of errors or malfunctions.
- Customer will follow the operating procedures published by CI from time to time, including the maintenance of the software, and shall ensure that its staff are adequately trained on the use and application of the software.
- Should Customer exceed usage limits as set out in purchase orders, Customer will be billed for additional capacity as set forth in those purchase orders. Customer may not do anything that circumvents any usage or access limits on the use of the software.
- CI does not represent or warrant that the use of the software will meet Customer’s requirements or expectations, that use of the software will be uninterrupted, timely, secure, free from error, or that all errors will be corrected. CI’s warranty is set out on: cobaltiron.com/cobalt-iron-limited-software-warranty-policy/
- At the end of the term, Customer agrees to cease using the software and will follow CI’s processes on uninstalling the software. At CI’s option, Customer may be required to have an officer certify that your organization has permanently deleted, destroyed, or returned to CI the software and the documentation and all copies thereof.