MARCOMGATHER™ End User License Agreement
PLEASE CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS BEFORE USING THE MARCOMGATHERTM (“SOFTWARE”) PROVIDED BY PTI MARKETING TECHNOLOGIES, INC. dba MARCOMCENTRAL® (“MARCOMCENTRAL®”). IF CUSTOMER OR ITS END USERS (REFERRED TO HEREIN COLLECTIVELY AS “CUSTOMER” OR ‘YOU”) DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS MARCOMGATHERTM SOFTWARE END USER LICENSE AGREEMENT (“AGREEMENT” OR “EULA”), DO NOT USE THE SOFTWARE. YOUR ACCESS TO AND USE OF THE SOFTWARE OR ANY MARCOMGATHERTM ACCOUNT, ACCESS CODE OR KEY THERETO SHALL CONSTITUTE YOUR ACCEPTANCE OF THE TERMS OF THIS AGREEMENT.
1. LIMITED LICENSE
MarcomCentral® grants to you a single user, limited term, nonexclusive, non-transferable, non- assignable license to access and use the Software. You may not modify the Software; reverse compile, reverse engineer, disassemble or reverse assemble all or any portion of the Software; nor may you rent, lease, license, sublicense, distribute, transfer or sell the Software; or create derivative works of the Software. No rights or licenses to other MarcomCentral® software products are given nor implied by the grant of this license. The terms of this EULA shall apply to all MarcomGatherTM end users.
You (all Customers and End Users) must:
- Control end user access to the Software.
- Maintain at its own expense the hardware, operating system, Internet browser, and broadband connections required for use of the Software.
- Securely maintain credentials for the Software.
- Comply with all posted policies of MarcomCentral® relating to the use of the software.
- Comply with all laws related to the use of the Software and end user content or data, including privacy and data security laws.
- Not modify, reverse engineer, copy or republish the Software in any form.
- Not introduce malicious code, including without limitation viruses, worms, or trojans, into the Software or its related storage systems.
- Be responsible for all operations with and legal liability for the creation of, uploading and use of end user content with the Software, including all applicable security, privacy, legal policies, and laws.
MarcomCentral® may, in its sole discretion, apply other limitations or restrictions on the use of the Software, access to storage media, available feature offerings or limitations, at the time of use.
Terms for Limited Trial Use of the Software
MarcomCentral® may from time to time, at its sole discretion, offer promotions for limited-term, free or low-cost, trial use of the Software as an incentive to potential customers. MarcomCentral® shall have the sole right to make such offers, including without limitation promotional terms such as duration, calendar period of offer, and pricing incentives for purchase of a subscription license to the Software for continued use. Trial versions of the Software may or may not offer all available features, at the sole discretion of MarcomCentral®. Trial promotions must be made in writing. In the event of conflicts of interpretation, the terms of this Agreement shall take precedence. The offer of and termination of trial promotions shall reside solely with MarcomCentral®.
Terms for Paid Subscription Use of the Software
MarcomCentral® controls the use of the Software using access codes or keys licensed to its customers on a subscription basis. To access the Software, customers must pay for a limited-term license in advance, e.g., an annual subscription. Unless otherwise specified, all subscription licenses shall be a single user license per access code or key. MarcomCentral® shall have the sole right to establish the pricing, calendar period and duration of all licenses offered to customers. Subscription renewals must be paid in advance of the end of the specified calendar period in order to maintain continuous access to the Software and/or validity of any customer-assigned access code or key. MarcomCentral® shall have the sole right to modify and/or terminate subscription licenses in order to maintain, manage access to, or control end user accounts for, the Software.
Terms for Pre-release / Beta Testing of the Software
From time to time, MarcomCentral® tests its commercial and pre-release versions of the Software with select customers on a voluntary basis. These tests and results are confidential information of MarcomCentral®. The requirements for participation will be set out by MarcomCentral(r) at the time of the testing and solicitation of customers for participation. Customers who participate typically agree to reporting requirements, such as to answer surveys, submit reports, give interviews and/or feedback during the test period. MarcomCentral® reserves all rights in test versions of the Software and requires customers to consent to the requirements set forth for the testing, including without limitation the version of the Software tested, the period of testing, use of access codes or keys to the test software, confidentiality of the test results and reporting, and deployment of the test software in later commercial releases of the Software. Incentives for participation are at the sole discretion of MarcomCentral®, and may take the form of sales promotions or incentives, early use of advanced features in the Software, and / or certification and training of staff in advance of the general release.
Except as expressly licensed above, no title, ownership, or intellectual property rights of any kind, express or implied, are transferred to you, and all right, title, and interest in and to the Software remains with MarcomCentral®. The Software is licensed to you and not sold. You must reproduce and include all copyright notices and any other proprietary rights notices appearing on the Software.
This Software may incorporate material licensed from third parties that is licensed to you under this Agreement, or under their own terms. License terms and related notices for such third party material may be viewed at https://marcom.com/legal/eula.
3. CONSENT ON DATA USE AND TRANSFER
You understand and agree that) will collect, use and transfer internationally data relating to your license, including technical information about the systems and applications, application programs and devices associated with and connected to your licensed use, in order to provide product support, engage in statistical research, upgrade our software and provide other related services. This data may be shared with other MarcomCentral® affiliates worldwide and our service providers for these purposes. All information will be stored in a secure manner and its collection will comply with local privacy and security laws.
MarcomCentral® is under no contractual obligation to update, maintain, or provide new versions of the Software or to provide other direct support for the Software. Support materials and services that are available may be found via the HELP feature in the Software and/or at https://marcom.com/support, at MARCOMCENTRAL’s sole discretion. MarcomCentral® may make changes to the Software or offered support services at any time without notice to you. All end users may use commercially available support materials, if any, provided by MarcomCentral® for the Software, including without limitation online FAQs, Community Blogs,
5. NO WARRANTY
MARCOMCENTRAL® EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, NONINFRINGEMENT OF THIRD-PARTY RIGHTS, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING FOR ANY COURSE OF DEALING OR USAGE OF TRADE. MARCOMCENTRAL® DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE. FURTHERMORE, MARCOMCENTRAL® DOES NOT MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE REMAINS WITH YOU. THE SOLE REMEDY FOR ANY ASSERTION OF BREACH OF WARRANTY BY THIS PRODUCT OR MARCOMCENTRAL® SHALL BE THE RESTORATION OF ACCESS PRIVILEGES UNDER THE TERMS OF THE MARCOMGATHERTM EULA.
6. NO LIABILITY
IN NO EVENT SHALL MARCOMCENTRAL® OR ITS AFFILIATED COMPANIES BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR SPECIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, OR LOSS OF INFORMATION) ARISING OUT OF YOUR USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF MARCOMCENTRAL® HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE PARTIES AGREE THAT NO DAMAGES SHALL APPLY TO MARCOMCENTRAL® REGARDLESS OF CAUSE EXCEEDING ONE HUNDRED DOLLARS ($100). MARCOMCENTRAL® SHALL HAVE NO LIABILITY FOR THE CREATION, USE OF, OR PUBLICATION OF CONTENT PROVIDED BY END USER, OR FOR ANY END USER USE OF THIRD-PARTY TRADEMARK OR COPYRIGHTED MATERIALS.
You should use content to which they have rights or ownership for marketing and business use. You should only use content that you have independently backed up or may subject to use without commercial or financial risk. MarcomCentral® assumes no liability arising from or related to the loss of, publication of, damage to, corruption of, misuse of content subject to trademarks or copyright, or the use and publication of content supplied by you. Although your MarcomGather account information is confidential, no personal identification or health information should be incorporated in violation of personal confidentiality and privacy laws. You are solely responsible for any slanderous, defamatory, derogatory, pornographic, hate speech or other illegal content use in the Software; MarcomCentral reserves the right to delete such content upon request of your company or any legal authority or suspend your account if used for such purposes, and to cooperate with any legal investigation pertaining to same. Data transmission over the Internet can’t be guaranteed to be secure, and every system that allows online access is potentially vulnerable to outside attacks from unauthorized third parties. As a result, while MarcomCentral® strives to protect your User and Customer Personal Data, MarcomCentral® cannot and does not guarantee or warrant the security of any third party, end user and/or customer data, including without limitation data that may be deemed Personal Data under privacy laws, that you transmit to MarcomCentral®, and you do so entirely at your own risk.
This Agreement is effective until terminated. This Agreement may be terminated by you at any time by deleting the Software and discontinuing its use, or by MarcomCentral® if you fail to cure any breach of this Agreement within thirty (30) days of written notice of breach by MarcomCentral®. Upon termination, the licenses granted to you shall terminate, and you shall cease all access, use and distribution of, and cease exercising any and all other rights granted under this Agreement with respect to, the Software. No refunds for unused subscriptions or credits for remaining subscription periods shall be given in the event of termination by either party.
This Agreement constitutes the entire agreement between MarcomCentral® and you regarding the subject matter hereof and supersedes all previous communications between the parties, including without limitation online, email, text message, oral or written communications. This EULA may be modified by MarcomCentral® in its sole discretion from time to time to reflect changes in the Software’s technology, deployment or law, and your consent to any modifications shall be deemed accepted by your continued access to and use of the Software. Notifications regarding any changes to procedures or the licensing terms herein shall be made available to end users via email and website.
The general privacy policies relating to the use of the Software shall apply to this agreement and may be found at https://marcom.com/legal/privacy-policy/. The policy on this URL may be changed from time to time at the sole discretion of MarcomCentral®.
9. DISPUTE RESOLUTION
This Agreement shall be governed by and construed in accordance with the laws of the State of California, USA, without regard to conflicts of laws principles. All disputes, controversies or claims between the parties arising out of or in connection with this Agreement (including its existence, validity or termination) which cannot be amicably settled shall be finally resolved by arbitration to be held in San Diego County, CA in accordance with the American Arbitration Association by one or more arbitrators, or such other arbitration method agreed to by the parties. An arbitral award consistent with this Agreement shall be final and binding on the parties.
10. DISCLAIMER OF WARRANTY
MarcomCentral® checks its software releases for runtime errors and screens for malware and viruses and warrants that the Software is free of malicious code. However, End User is advised that the Software may contain runtime bugs or errors that may cause interruption of the Software, or halt operations on your computer. Identifying those is one of the purposes of the customer service offerings from MarcomCentral®. MarcomCentral® is not responsible for any loss or damage to your data, computer, system, or application programs, arising from the use of this application. MarcomCentral® also does not take any liability for any kind of data loss and restoration that may occur during the installation or execution of this Software. User of this application has complete responsibility for their data and computer systems.