Terms of Service
3Aware™ Preview Terms of Service
THESE TERMS OF SERVICE GOVERN YOUR ACCESS TO THE 3AWARE SOLUTION™ DURING THE PREVIEW PERIOD (DEFINED BELOW) OUTLINED HEREIN.
UPON REQUESTING ACCESS TO THE 3AWARE SOLUTION AND VERIFICATION OF YOUR CREDENTIALS, 3AWARE WILL PROVIDE COMPANY ACCESS TO THE 3AWARE WEB BROWSER-BASED APPLICATION (THE “3AWARE SOLUTION”) FOR COMPANY AND COMPANY’S AUTHORIZED USERS DURING THE PREVIEW PERIOD. YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS OF SERVICE BEFORE CREATING YOUR ACCOUNT WITH 3AWARE. WHEN YOU ACCEPT THESE TERMS OF SERVICE ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY TO THE TERMS AND CONDITIONS OF THESE TERMS OF SERVICE. 3AWARE IS NEITHER RESPONSIBLE FOR VERIFYING IF YOU HAVE THE AUTHORITY TO BIND THE COMPANY NOR ANY LIABILITY INCURRED BY COMPANY IF YOU ARE NOT AUTHORIZED TO BIND THE COMPANY. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS, YOU MUST NOT ACCEPT THESE TERMS OF SERVICE AND MAY NOT USE THE 3AWARE SOLUTION.
These Terms of Service (the "Terms of Service") contains the terms and conditions upon which 3Aware, Inc. (“3Aware”) grants the company for which the account is created (“Company”) a license to access and use the 3Aware Solution during the Preview Period. When clicking ‘Sign Up’ via the link in the verification email you received from 3Aware (i) you acknowledge you have read and accept the terms and conditions of these Terms of Service in its entirety; and opt-in to 3Aware storing your name and email address as provided by you and to contact you as a part of the 3Aware Solution; (ii) you understand these Terms of Service will be legally binding on the Company upon your acceptance of these Terms of Service; and (iii) these Terms of Service become effective and in full force and effect (the “Effective Date”).These Terms of Service set forth the terms and conditions that will govern the Company’s access and use of the 3Aware Solution in a production environment for the use as set forth herein during the Preview Period. These Terms of Service are the complete agreement between the Company and 3Aware during the Preview Period concerning the subject matter and replace any prior oral or written communications between the Company and 3Aware.
There are no conditions, understandings, agreements, representations, or warranties, expressed or implied, which are not specified herein.
1. DEFINITIONS.
“Authorized User"
means an individual authorized by 3Aware to access the 3Aware Solution during the Preview Period and for whom a user identification and password has been issued."Documentation"
means the 3Aware documentation provided by 3Aware, whether electronically or otherwise, associated with the access and use of the 3Aware Solution during the Preview Period."Project"
means a user-defined group of device information available to be reviewed by an Authorized User. A Project may contain data and analysis for one device, multiple devices, or an entire device family.2. LICENSE GRANT AND 3AWARE'S PROPRIETARY RIGHTS.
2.1 License Grant.
Subject to the terms and conditions of these Terms of Service, and during the Preview Period, 3Aware hereby provides Company with a non-exclusive, non-transferable, non-sublicensable, and terminable license to access and use the 3Aware Solution free of charge. These Terms of Service convey to Company, during the Preview Period, a license to (i) view the 3Aware Solution for Company devices available via the 3Aware Solution and (ii) configure Projects for each such Company device. 3Aware has sourced a list of devices from publicly available information; however, this information is not exhaustive and may not include data for all Company devices. If a Company device is unavailable, the Authorized User will receive a notification from the 3Aware Solution advising the Authorized User that the data is unavailable for the device selected.This license is fully revocable in accordance with the provisions of these Terms of Service. Except for the license granted herein, Company does not receive and shall not assert any right, title, or interest in or to the 3Aware Solution. 3Aware claims and reserves to itself and its licensors all rights and benefits in the 3Aware Solution afforded under applicable US copyright laws and conventions.
2.2 Protection of 3Aware’s Proprietary Rights.
Company shall devote its best efforts, consistent with the practices and procedures under which it protects its own most valuable proprietary information and materials, to protect the 3Aware Solution against any unauthorized or unlawful use or copying. Company shall make no copies of the 3Aware Solution or Documentation except for those necessary to fulfill the purpose of these Terms of Service.3. ACCESS.
During the Preview Period, Authorized Users will be granted access to the 3Aware Solution to pull counts for devices associated with the Company. Except as otherwise specified in these Terms of Service or at the written direction of 3Aware, Company’s Authorized Users shall not alter or modify the 3Aware Solution during the Preview Period without 3Aware’s prior written approval.4. TERM AND TERMINATION.
4.1 Term.
The term of these Terms of Service shall commence on the Effective Date and shall expire upon termination of access to the 3Aware Solution (the “Preview Period”).4.2 Termination.
3Aware may terminate these Terms of Service and the Company/each Authorized User’s access at any time upon prior notice. Additionally, these Terms of Service and Company’s authorization to use the 3Aware Solution shall terminate automatically if Company fails to comply with any provision of these Terms of Service. No notice shall be required from 3Aware to give effect to such termination.Upon termination of these Terms of Service, Company’s Authorized Users shall immediately cease use of the 3Aware Solution and shall, at its expense, return to 3Aware all Documentation (including all copies thereof).
5. DISCLAIMER OF WARRANTIES.
3AWARE DOES NOT REPRESENT THAT COMPANY’S USE OF THE 3AWARE SOLUTION WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR THAT THE 3AWARE SOLUTION WILL MEET COMPANY'S REQUIREMENTS OR THAT ALL ERRORS IN THE 3AWARE SOLUTION AND/OR DOCUMENTATION WILL BE CORRECTED OR THAT THE OVERALL SYSTEM THAT MAKES THE 3AWARE SOLUTION AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE WARRANTIES STATED HEREIN ARE THE SOLE AND EXCLUSIVE WARRANTIES OFFERED BY 3AWARE. THERE ARE NO OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. EXCEPT AS OTHERWISE STATED HEREIN, THE 3AWARE SOLUTION IS PROVIDED TO COMPANY ON AN "AS IS" AND "AS AVAILABLE" BASIS. COMPANY ASSUMES ALL RESPONSIBILITY FOR DETERMINING WHETHER THE 3AWARE SOLUTION OR THE INFORMATION GENERATED THEREBY IS ACCURATE OR SUFFICIENT FOR COMPANY'S PURPOSES.In no event shall 3Aware be liable to Company or any third party for any loss of profits, business interruption, or loss of business information; any incidental, special, exemplary, or consequential damages; or any claims or demands brought against Company, even if 3Aware has been advised of the possibility of such damages.
