END-USER LICENSE AGREEMENT
Taglocity 3™ for Outlook® 2003 & 2007
IMPORTANT – READ CAREFULLY: This End-User License Agreement (“EULA”) is a legal agreement between you (either an individual or a single entity) and Terazen Technology Inc. (sometimes referred to as "Taglocity", “Terazen”, "we", "us" or "our") governing the use of TaglocityTM 3.0 for Outlook® (the “Software”). The terms in this EULA also apply to any Taglocity updates, supplements, Internet-based services, and support services for the Software, unless other terms accompany those items. If so, those terms apply.
BY USING THE SOFTWARE, YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THEM, DO NOT USE THE SOFTWARE. INSTEAD, RETURN IT FOR A REFUND OR CREDIT, IF APPLICABLE.
AS DESCRIBED BELOW, USING THE SOFTWARE ALSO OPERATES AS YOUR CONSENT TO THE TRANSMISSION OF CERTAIN COMPUTER INFORMATION DURING ACTIVATION, SUPPORT, AND FOR INTERNET-BASED SERVICES.
IF YOU COMPLY WITH THESE LICENSE TERMS, YOU HAVE THE RIGHTS BELOW FOR EACH LICENSE YOU ACQUIRE.
| a) | Software: The Software includes desktop application software and Internet -based services. |
| b) | License Model: The software is licensed, not sold, on a per primary end-user basis. These license terms permit installation and use of the Software, along with other rights, all as described below. |
| 2. | INSTALLATION AND USE RIGHTS. Before you use the Software under a license, you must assign that license to one device. That device is the “Licensed Device.” A hardware partition or blade is considered to be a separate device. |
| a) | Licensed Device: You may install and use one copy of the Software on the Licensed Device. |
| b) | Other Devices: You may install other copies of the Software on other devices for use by the single primary user of the Licensed Device. |
You may not use the Software if you are a competitor of Taglocity, or if you sell competing products, except with Taglocity’s prior written consent. Competing products are productivity add-ins for Microsoft Office Outlook that include, but not limited to, features such as tags/labels/topics/keyword or category management and automation, conversation viewing, enhanced contact centric views, and search. In addition, you may not access the Software for purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purposes.
| 3. | ADDITIONAL LICENSING REQUIREMENTS AND/OR USE RIGHTS. |
| □ | Remote Access: The single primary user of the Licensed Device may access and use the Software installed on the Licensed Device remotely from any other device. You may allow other users to access the Software to provide you with support services. You do not need additional licenses for this access. No other person may use the Software under the same license at the same time for any other purpose. |
| □ | Multiplexing: Hardware or software you use to pool connections, or reduce the number of devices or users that directly access or use the Software (sometimes referred to as “multiplexing” or “pooling”), does not reduce the number of licenses you need. |
| □ | Trial and Conversion: Some or all of the Software may be licensed on a trial basis. Your rights to use trial Software are limited to the trial period. You will be notified of the length of the trial period when you run the Software for the first time. You may have the option to convert (upgrade) your trial rights to subscription or perpetual rights. Conversion options, which involve the purchase and installation of a Professional Edition License Key, will be presented to you at the expiration of your trial period. After the expiration of any trial period without conversion, some features of the trial Software will stop running. At that time you can continue to use the Software without the full feature set. |
| □ | Subscription Software: If you licensed the Software on a subscription basis, your rights to use the Software are limited to the subscription period. You may have the option to extend your subscription or convert to a perpetual license. If you extend your subscription, you may continue using the Software until the end of your extended subscription period. See the Software activation screens or other accompanying materials for subscription details. After the expiration of your subscription, some features of the Software will stop running. At that time you can continue to use the Software without the full feature set. |
| 4. | ACTIVATION. Activation is not mandatory but it is recommended. The Software will provide activation reminders whenever it starts until activation is performed, or until the trial period is over. The Software requires an online Taglocity or TeamFeed account at https://teamfeed.cc to activate. Upon startup, the Software will prompt you for your permission to automatically create an account using your default email address as your user name, or you can manually create an account online at https://teamfeed.cc. Activation also occurs automatically if you sign in with your pre-existing Taglocity or TeamFeed account, and after purchasing an upgrade when you enter the license key. |
The activation process only saves your email address as the username for new online TeamFeed accounts. Nothing else from your device is recorded or saved during activation. We will not sell or give your email address to others. By giving permission to activate the Software and by using the Software, you consent to the transmission and recording of this information. For more information, see www.taglocity.com/privacy.html.
You can activate the Software only by Internet; Internet service charges may apply. Some changes to your computer components or the Software may require you to reactivate the Software.
| 5. | INTERNET-BASED SERVICES. Taglocity provides Internet-based services with the Software. Except as otherwise noted in materials accompanying a service, it may change or cancel them at any time. |
| a) | Consent for Internet-Based Services: The Software features described below connect to Taglocity or service provider computer systems over the Internet. In some cases, you will not receive a separate notice when they connect. Unless otherwise noted, you may switch off these features or not use them. For more information about these features, see www.taglocity.com/privacy.html. BY USING THESE FEATURES, YOU CONSENT TO THE TRANSMISSION AND RECORDING OF THIS INFORMATION. Taglocity does not use the information to identify or contact you. |
| ► | Roaming Configuration: Certain configuration information including your tags and settings are stored on your device (local computer). There is a feature called Roaming Configuration that stores a copy of your configuration information online in order to automatically synchronize configuration information across different devices you may use. This feature is disabled by default. If you choose to use this feature, it will (a) connect to Taglocity computer systems over the Internet, (b) use Internet protocols to send to the appropriate systems your configuration information, such as but not limited to your settings and tags that you setup and manage with the Software. After you have enabled this feature, and until you disable it, your configuration information will automatically be transmitted to Taglocity whenever you sign in with your Taglocity account either manually or automatically. IF YOU DO NOT WANT THIS INFORMATION TRANSMITTED AND STORED ONLINE, YOU MUST NOT ENABLE THIS FEATURE. Disabling this feature after it has been enabled will NOT delete any configuration information previously submitted and stored online. |
| ► | TeamFeed and Taglocity Groups: As part of the Software, we provide access to our websites (including www.taglocity.com and https://groups.taglocity.com and https://teamfeed.cc), platforms, tools, and services (together, the "Services") to you subject to the terms and conditions, which may change from time to time, set forth the Taglocity or TeamFeed Online Terms of Service Agreement (the "Online Agreement"). You may view the most recent version at http://www.taglocity.com/termsofservice.html. Your registration for, or use of, the Services shall be deemed to be your agreement to abide by this Online Agreement including any materials available on the Taglocity website incorporated by reference herein, including but not limited to our privacy and security policies which may be found at http://www.taglocity.com/privacy.html. |
| ► | Computer Information: The Software includes a diagnostics utility and support request feature for use in determining the cause of performance issues or feature and system malfunctions. This feature does not send information automatically and requires your direct action to transmit. If you do use this feature, you consent to the transmission and recording of certain computer information, including but not limited to, the type of operating system, operating system username, information derived from the hardware configuration, names and versions of other Software installed on your system that may cause operational conflicts, and the language code of the device where you installed the Software. The information is attached as plain text file(s) to an email message for you to send as a support request. You can view this information and delete anything prior to sending (transmitting) it to us. If you do not want to send this information, do not use this feature. |
| b) | Misuse of Internet-based Services: You may not use these services (Taglocity Groups or TeamFeed) in any way that could harm them or impair anyone else’s use of them. You may not use the services to try to gain unauthorized access to any service, data, account or network by any means. You may not use these services if you are a direct competitor of Taglocity, except with Taglocity’s prior written consent. In addition, you may not access these services for purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purposes. |
| 6. | SCOPE OF LICENSE. The Software is licensed, not sold. This agreement only gives you some rights to use the Software. Taglocity reserves all other rights. Unless applicable law gives you more rights despite this limitation, you may use the Software only as expressly permitted in this agreement. In doing so, you must comply with any technical limitations in the Software that only allow you to use it in certain ways. You may not: |
| • | publish your Professional Edition License Key for others to copy; |
| • | use Professional Edition License Keys that are in installed, assigned, or otherwise in use on other licensed devices; |
| • | work around any technical limitations in the Software; |
| • | publish the Software for others to copy, except for people who have valid access to your computer or internal network; |
| • | reverse engineer, decompile or disassemble the Software, except and only to the extent that applicable law expressly permits, despite this limitation; |
| • | use the Software in any way that is against the law; |
| • | rent, lease or lend the Software; or |
| • | use the Software for commercial software hosting services. |
| 7. | BACKUP COPIES. There are no restrictions on the number of backup copies you can make. You may use them only to reinstall the Software. |
| 8. | UPGRADE OR CONVERSION. To upgrade or convert Software, you must first be licensed for the Software that is eligible for the upgrade or conversion. Upon upgrade or conversion, this agreement takes the place of the agreement for the Software you upgraded or converted from. After you upgrade or convert, you may no longer use the earlier version of the Software you upgraded or converted from. |
| 9. | REASSIGN TO ANOTHER DEVICE. You may reassign the license to a different device any number of times. If you reassign, that other device becomes the “licensed device.” |
| 10. | TRANSFER TO A THIRD PARTY. The first user of the Software may make a one-time transfer of the Software, and this agreement, directly to a third party. The first user must uninstall the Software before transferring it separately from the device. Before any permitted transfer, the other party must agree that this agreement applies to the transfer and use of the Software. The transfer must include the proof of license. If the Software is an upgrade, any transfer must also include all prior versions of the Software. |
| 11. | INTELLECTUAL PROPERTY OWNERSHIP. Taglocity alone (and its licensors, where applicable) shall own all right, title and interest, including all related Intellectual Property Rights, in and to the Taglocity technology, the Content and the Service and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Software. This Agreement is not a sale and does not convey to you any rights of ownership in or related to the Software, the Taglocity technology or the Intellectual Property Rights owned by Taglocity. The Taglocity name, the Taglocity logo, and the product names associated with the Software are trademarks of Taglocity or third parties, and no right or license is granted to use them. |
| 12. | FEEDBACK. If you give feedback about the Software to Taglocity, you give to Taglocity, without charge, the right to use, share and commercialize your feedback in any way and for any purpose. You also give to third parties, without charge, any patent rights needed for their products, technologies and services to use or interface with any specific parts of a Taglocity software or service that includes the feedback. You will not give feedback that is subject to a license that requires Taglocity to license its software or documentation to third parties because we include your feedback in them. These rights survive this agreement. |
| 13. | EXPORT RESTRICTIONS. The Software is subject to Canada export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the Software. These laws include restrictions on destinations, end users and end use. |
| 14. | SUPPORT SERVICES. Taglocity provides support services for the Software as described at www.taglocity.com/support.html. |
| 15. | ENTIRE AGREEMENT. This agreement (including the warranty below), any addendum or amendment included with the Software, and the terms for supplements, updates, Internet-based services and support services that you use, are the entire agreement for the Software and support services. |
| □ | Canada. If you acquired the Software in Canada, British Columbia provincial law governs the interpretation of this agreement and applies to claims for breach of it, regardless of conflict of laws principles. The laws of the province where you live govern all other claims, including claims under provincial consumer protection laws, unfair competition laws, and in tort. |
| □ | Outside Canada. If you acquired the Software in any other country, the laws of that country apply. |
| 17. | LEGAL EFFECT. This agreement describes certain legal rights. You may have other rights under the laws of your province or state or country. You may also have rights with respect to the party from whom you acquired the Software. This agreement does not change your rights under the laws of your province, state or country if the laws of your province or state or country do not permit it to do so. |
| 18. | LIMITATION ON AND EXCLUSION OF DAMAGES. YOU CAN RECOVER FROM TAGLOCITY AND ITS SUPPLIERS ONLY DIRECT DAMAGES UP TO THE AMOUNT YOU PAID FOR THE SOFTWARE. YOU CANNOT RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES. This limitation applies to: |
| a) | anything related to the Software, services, content (including code) on third party Internet sites, or third party programs; and |
| b) | claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law. It also applies even if: |
| ► | repair, replacement or a refund for the Software does not fully compensate you for any losses; or |
| ► | Taglocity knew or should have known about the possibility of the damages. Some provinces or states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. They also may not apply to you because your country may not allow the exclusion or limitation of incidental, consequential or other damages. |
| 19. | DISCLAIMER OF WARRANTY. The Software is licensed "as-is." You bear the risk of using it. Taglocity gives no express warranties, guarantees or conditions. You may have additional consumer rights under your local laws which this agreement cannot change. To the extent permitted under your local laws, Taglocity excludes the implied warranties of merchantability, fitness for a particular purpose and non-infringement. |
| 20. | LIMITATION ON AND EXCLUSION OF REMEDIES AND DAMAGES. You can recover from Taglocity and its suppliers only direct damages up to the amount you paid. You cannot recover any other damages, including consequential, lost profits, special, indirect or incidental damages.
This limitation applies to: |
| □ | anything related to the Software, services, content (including code) on third party Internet sites, or third party programs; and |
| □ | claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law. |
It also applies even if Taglocity knew or should have known about the possibility of the damages. The above limitation or exclusion may not apply to you because your country may not allow the exclusion or limitation of incidental, consequential or other damages.
Page Address:
http://www.taglocity.com/help/taglocity-v3/index.html?end_user_license_agreement.html