End-user license agreement

Last updated: 15 Feb 2020

This End-user license agreement ("Agreement") is a binding legal agreement between you and SmartForce LLC (SmartForce) concerning its Software.

By installing or using the Software, or by clicking a box indicating your acceptance, you are agreeing to be bound by the terms and conditions of this Agreement.

If you do not agree to the terms of this Agreement, do not download or use the Software.

License

SmartForce grants you a revocable, non exclusive, non transferable, limited license to download, install and use the Software strictly in accordance with the terms of this Agreement.

The Software is licensed, not sold.

You must ensure the maximum number of users accessing and using the Software is equal to the number of User Licenses for which the necessary Fees have been paid to the Reseller or Licensor.

Restrictions

You agree not to, and you will not permit others to: a) license, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the Software or make the Software available to any third party.

Modifications to Application

SmartForce reserves the right to modify the Software or any service to which it connects, with or without notice and without liability to you.

Term and Termination

This Agreement shall remain in effect until terminated by you or SmartForce.

Upon at least 30 days notice SmartForce may suspend or terminate this Agreement.

This Agreement will terminate immediately, without prior notice from SmartForce, in the event that you fail to comply with any provision of this Agreement. You may also terminate this Agreement by deleting the Software from your Confluence.

Upon termination of this Agreement, you shall cease all use of the Application and delete it from your Confluence instance.

Warranty

The Software is provided on an "as is" basis, without warranty of any kind, either expressed, implied, or statutory, including, without limitation, warranties that the Software is free of defects, merchantable, fit for a particular purpose or non-infringing. The entire risk as to the quality and performance of the Covered Software is with you. Should any Covered Software prove defective in any respect, you (not SmartForce) assume the cost of any necessary servicing, repair, or correction. This disclaimer of warranty constitutes an essential part of this License. No use of the Software is authorized under this License except under this disclaimer.

Limitation of Liability

Under no circumstances and under no legal theory, whether tort (including negligence), contract, or otherwise, shall SmartForce, or anyone who distributes the Software, be liable to you for any direct, indirect, special, incidental, or consequential damages of any character including, without limitation, damages for lost profits, loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses, even if such party shall have been informed of the possibility of such damages. This limitation of liability shall not apply to liability for death or personal injury resulting from such party's negligence to the extent applicable law prohibits such limitation. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so this exclusion and limitation may not apply to You.

Severability

If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Amendments to this Agreement

SmartForce reserves the right, at its sole discretion, to modify or replace this Agreement at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

Contact Information

If you have any questions about this Agreement, please contact us info@smartforce.io