(END USER LICENSE AGREEMENT)

This End User License Agreement (“EULA”) governs use of the accompany software created and distributed by FormTracks (“Provider”). If you (hereafter, “User”, and collectively both, the “Parties) use the software (“Application”), you accept this license. If you do not accept the license, do not use the software.

The Standard Terms of Service (“Terms,” including our Terms & Conditions, End User License Agreement and Data Processing Addendum) define the terms and conditions under which you’re allowed to use the Services in accordance with the Agreement, which in addition to our Privacy Policy, describe how we’ll treat your account and the data we collect and process about you, your end users, and your contacts. If you don’t agree to these Terms, you must immediately discontinue your use of the Services.

RECITALS

1. Purpose & Responsibilities

1.1. Purpose & Summary

This EULA will facilitate the software sharing agreement between the Parties for the duration of the User leasing & using the Provider’s software for it’s digital marketing automation purposes (collectively, the “Service” or “Services”).

1.2. Responsibilities of the Provider

The Provider grants you a revocable, non-exclusive, non-transferable, limited license to install and use the Application solely for your personal, non-commercial purposes strictly in accordance with the terms of this Agreement.

The Provider acknowledged that they shall be responsible for performing the following in a reasonable & timely manner: (a) Provision of Provider’s proprietary marketing automation technology (hereafter, “Software”) to the User at a previously agreed-upon monthly cost per our Pricing Plans, (b) regularly reporting performance of the Software; (c) sending real-time notifications of data and/or leads captured or recovered using the Software.

1.3. Responsibilities of the User

You warrant, represent and/or agree not to, and you will not permit others to:

  1. contribute any Content that…
    1. infringes, violates or otherwise interferes with any copyright or trademark of another party,
    2. reveals any trade secret, unless the trade secret belongs to you or you have the owner’s permission to disclose it,
    3. infringes any intellectual property right of another or the privacy or publicity rights of another,
    4. is libelous, defamatory, abusive, threatening, harassing, hateful, offensive or otherwise violates any law or right of any third party,
    5. creates an impression that you know is incorrect, misleading, or deceptive, including by impersonating others or otherwise misrepresenting your affiliation with a person or entity;
    6. contains other people’s private or personally identifiable information without their express authorization and permission, and/or
    7. contains or links to a virus, trojan horse, worm, time bomb or other computer programming routine or engine that is intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information. FormTracks reserves the right in its discretion to remove any Content from the FormTracks, suspend or terminate your account at any time, or pursue any other remedy or relief available under equity or law. By uploading Content to the FormTracks, you warrant, represent and agree that you have the right to grant FormTracks the license described above.
    8. upload, post, email, transmit or otherwise make available any information, materials or other content that is illegal, harmful, threatening, abusive, harassing, defamatory, obscene, pornographic, offensive, invades another’s privacy, or promotes bigotry, racism, hatred or harm against any individual or group;
    9. impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
  2. reproduce, duplicate or copy or exploit any other portion of the FormTracks, without the express written permission of FormTracks;
  3. use any manual or automated software, devices, or other processes to “crawl,” “spider” or “screen scrape” any web pages contained in the FormTracks;
  4. license, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the Application or make the Application available to any third party.
  5. phish, collect, upload, post, email, transmit or otherwise make available any login data and/or passwords for other web sites, software or services;
  6. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
  7. reverse engineer, decompile or disassemble any of the software used to provide the FormTracks;
  8. obtain, collect, store or modify the personal information about other users;