BITAM SaaS KPIONLINE LICENSE AGREEMENT This Agreementis for the use of BITAM SaaS as defined below. Use of the Application is expressly conditioned upon your acceptance of and compliance with the following terms and conditions. You as the licensee under this Agreement are sometimes referred to herein as the “Licensee” or “you”.BY CHECKING THE ACCEPTANCE BUTTON OR BOX, YOU ACKNOWLEDGE THAT YOU HAVE READ AND AGREE TO BE BOUND BY THIS AGREEMENT.IF YOU DO NOT AGREE WITH THE TERMS IN THIS AGREEMENT, YOU SHOULD NOT CHECK THE ACCEPTANCE BUTTON OR BOX AND EXIT THIS APPLICATION (AND/OR ITS INSTALLATION).
1. DEFINITIONS The following terms have the meaning set forth herein:
A. Data: All materials, including but not limited to graphic, picture, text, audio, video, software or information not generated by BITAM or under contract or agreement with BITAM, posted by or at the direction of or on behalf of the Licensee.
B. BITAM SaaS: Software as a Service is a software deployment model where the licensor company remotely hosts the particular software application while making it available to users over the Internet or by other remote access, and provides general maintenance and support service to the software application as remotely hosted. The BITAM SaaS module is a Business Intelligence
(BI) web-based solution using analytical models that cover the most relevant organizational functions providing pre-built dashboards including key performance indicators and allows users to build their queries, drill-down a business level or use forecasting tools to estimate future values, generally referred to as “BITAM Saas” or “KPIOnline” (and also in this Agreement, the “Application”). The Application will be hosted on servers maintained and secured or contracted for by BITAM.
C. Licensee: An authorized individual or entity accessing the Application with a distinct user name and password that has been assigned or established in accordance with BITAM’s procedures.
2. COSTS AND CHARGES FOR USE OF APPLICATION The Application is offered without charge for a maximum of up to 15 MB of stored data, with any additional space being subject to additional cost at BITAM’s then prevailing rates. The free modules are the Revenue and Expenses modules only (for a maximum of up to 15 MB of stored data) and any other applications, modules or services are subject to a charge, which will be included in the Services section of the system tools.See below for cost of training and additional support services.
3. OWNERSHIP. The Application is a software application that is licensed, not sold. You acknowledge that the Application (including any changes you may request or suggest) is the sole property of BITAM. Title to each copy of the Application and all related intellectual property rights embodied in or represented by the Software will remain with BITAM at all times, as will all other rights not explicitly granted to you under this Agreement. }
4. GRANT OF LICENSE Subject to your compliance with the terms and conditions of this Agreement, BITAM grants the Licensee, a non-exclusive, non-transferable limited right and license to use the Application for its own business purposes as set forth herein. All rights not expressly granted to the Licensee are reserved to BITAM.
5. LICENSE TERM AND TERMINATION
A. The license rights granted in this Agreement shall commence upon installation or use of the Software.
B. BITAM may immediately terminate this Agreement if the Licensee violates the terms of this Agreement.
C. The termination of this Agreement shall rescind the license granted and revoke all rights granted to or accrued by the Licensee to use the Application.
D. The Licensee may terminate this Agreement at any time with written notice to BITAM. The termination shall take effect upon receipt of such notice, unless otherwise agreed by the parties.
E. The Licensee shall remove all the data stored while using the Application. Any data not retrieved by user prior to termination will be removed from BITAM’s servers at the termination of this Agreement.
6. TRAINING AND ADDITIONAL TECHNICAL SUPPORT Training and additional technical support are available as an option at an additional charge to you in accordance with the additional terms published in the Services section of the system tools.
7. PROTECTION OF DATA AN INTELLECTUAL PROPERTY RIGHTS
A. The Application and related documentation are protected internationally by various trademarks and copyrights. All data transmitted through, posted on, or used by Licensee in connection with the Application is owned by the Licensee.
B. The Licensee shall not, and shall not allow another person or entity, modify, adapt, translate,reverse engineer, decompile, disassemble the Application, or otherwise attempt to discern the source code of the Application, or otherwise use the Application except as set forth herein.
C. The Licensee further acknowledges and agrees that it has no proprietary interest in the Application, that all proprietary interest and intellectual property rights in the Application is owned and controlled by BITAM, and that the Licensee will not attempt to or allow an attempt to transfer, duplicate, sell, lease, rent, license, make available or otherwise dispose of, in whole or in part, the Application or any component part thereof, to any, affiliate, or any third party, except as specifically provided herein.
8. LICENSEE DATA CONFIDENTIALITY BITAM agrees that it will treat the data of the Licensee that is uploaded to the Application on a confidential basis and will not normally access such data, unless required to do so by appropriate law enforcement or governmental authority or to prevent any misuse of the Application by Licensee or any third party.
9. LIMITATIONS OF WARRANTIES AND REPRESENTATIONS; DISCLAIMER A.BITAM IS ALLOWING YOU TO ACCESS THE APPLICATION ON AN “AS IS” BASIS AND BITAM MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. ALL INFORMATION FURNISHED PURSUANT TO THE APPLICATION OR THIS WEB SITE IS OBTAINED BY BITAM FROM SOURCES BELIEVED BY IT TO BE ACCURATE AND RELIABLE. HOWEVER, BECAUSE OF THE POSSIBILITY OF HUMAN OR OTHER ERROR, AS WELL AS OTHER FACTORS, ALL INFORMATION IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, AND BITAM MAKES NO CLAIMS, PROMISES OR GUARANTEES ABOUT THE ACCURACY, TIMELINESS, COMPLETENESS, OR ADEQUACY OF THE CONTENTS OF THE APPLICATION OR THE WEB SITE THROUGH WHICH IT IS ACCESSED, AND EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS AND OMISSIONS IN THE CONTENTS OF THIS APPLICATION AND WEB SITE.IN ADDITION, BITAM DOES NOT WARRANT THE PERFORMANCE OR RESULTS THAT YOU MAY OBTAIN BY USING THE APPLICATION. EXCEPT TO THE EXTENT EXPRESSLY PROVIDED FOR HEREIN, BITAM MAKES NO WARRANTIES OR REPRESENTATIONS (EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER, INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY TITLE, OR FITNESS FOR ANY PARTICULAR PURPOSE. YOU BEAR ALL RISK RELATING TO QUALITY AND PERFORMANCE OF THE APPLICATION. B.IN ADDITION, BITAM ASSUMES NO RESPONSIBILITY FOR THE SECURITY, PROPRIETY OR COPYRIGHT COMPLIANCE OF ANY CONTENT EXCHANGED USING THE SOFTWARE OR THE SERVICES. C.IN NO EVENT WILL BITAM BE LIABLE TO YOU FOR ANY DAMAGES, CLAIMS OR COSTS WHATSOEVER OR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL DAMAGES, OR ANY LOST PROFITS OR LOST SAVINGS, EVEN IF BITAM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, DAMAGES, CLAIMS OR COSTS OR FOR ANY CLAIM BY ANY THIRD PARTY. THE FOREGOING LIMITATIONS AND EXCLUSIONS APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION. BITAM’S AGGREGATE LIABILITY UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT PAID BY YOU, IF ANY, FOR YOUR USE OF THE APPLICATION, IF ANY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. D.EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THERE ARE NO WARRANTIES EITHER EXPRESS OR IMPLIED, AND ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, ARE HEREBY DISCLAIMED, INCLUDING BUT NOT LIMITED TO THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE AND THE WARRANTY OF MERCHANTABILITY. E. THE AFORESAID WARRANTIES AND DISCLAIMERS SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT.
10.GOVERNING LAW This Agreement shall be governed by and construed in accordance with the laws of the United States of America and of the State of Virginia, without regard to conflict of law principles.
11.ASSIGNMENT This Agreement and your rights and obligations hereunder may not be assigned by you (whether by operation of law or otherwise) without the written permission of BITAM
12. SURVIVAL OF CERTAIN OBLIGATIONS The obligations set forth in Paragraphs 3 (Ownership), 7 (Protection of Data and Intellectual Property Rights), 9 (Limitations of Warranties and Representations; Disclaimer), 10 (Governing Law), 11 (Assignment), and 12 (Survival of Certain Obligations) shall survive the termination of this Agreement. YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND UNDERSTAND THE RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS SET FORTH HEREIN. BY CLICKING ON THE ACCEPT BUTTON AND/OR CONTINUING TO INSTALL THE BITAM SAAS SOFTWARE APPLICATION, YOU EXPRESSLY CONSENT TO BE BOUND BY THE TERMS SET FORTH HEREIN. Copyright © 2009 BITAM.