RUBICON SOFTWARE-AS-A-SERVICE (SAAS) END-USER LICENSE AGREEMENT

This End-User License Agreement (EULA) is a legal agreement between you (either as an individual or on behalf of an entity) and Rubicon Software Group, Inc. regarding your use of a "Software-as-a-Service" (SaaS) Application, and associated documentation (the "Software"). IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS EULA, DO NOT USE OR ACCESS THE "SOFTWARE".

Summary

  • You must agree to all of the terms of this EULA to use this Software.
  • If so, you may use the Software as your license permits and for any lawful purpose.
  • This Software automatically communicates with its server for four reasons: (1) to request data and update the browser client; (2) to save updated data from the browser client to the server; (3) to authenticate user credentials and access level; and (4) to send error and usage information.
  • This Software is provided "as-is" with no warranties, and you agree that Rubicon Software Group, Inc. is not liable for anything you do with it.
  • Please go ahead and read the whole EULA. It's not that long and you should not rely solely on this brief summary.

The Agreement

By logging in to the Software, you accept and agree to be bound by the terms of this EULA. If you do not agree to all of the terms of this EULA, you may not use the Software.

The License

This EULA entitles you to log in to the Software as often and whenever as you want, and use the Software for any lawful purpose consistent with this EULA. Your license to use the Software is expressly conditioned upon your agreement to all of the terms of this EULA. This software is licensed, not sold. Rubicon Software Group, Inc. reserves all other rights not granted by this EULA.

The Restrictions

  1. When using the Software you must use it in a manner that complies with the applicable laws in the jurisdiction(s) in which you use the Software.
  2. You may not sell, resell, rent, lease or exchange access to the Software for anything of value.
  3. You may not share the Software or give unlicensed user access to the Software, and you may not repackage or bundle access to the Software with any other software.
  4. You may not remove or alter any proprietary notices or marks on the Software.

Privacy Notices

The Software automatically communicates with its server for four purposes: (1) to request data and update the browser client; (2) to save updated data from the browser client to the server; (3) to authenticate user credentials and access level; and (4) to send error and usage information.. If you would like to learn more about the specific information we may collect, please visit the Rubicon Software Group website and click the link at the bottom of the page for our privacy policy. You may not opt out of sending error and usage information.

  1. Error Reports. In order to help us improve the Software, when the Software encounters certain errors, it will automatically send some information to its server about the error (as described at the URL above). This feature may not be disabled. If you do not want to send error reports to its server, you must not use the Software.
  2. Anonymized Usage Data (logs). This "Software-as-a-Service" application may collect anonymized information about some aspects of usage of the Software to help us improve it. This feature may not be disabled. If you do not want to send anonymized data to our server, you must not use the Software.

Open-Source Notices

Certain components of the Software may be subject to open-source software licenses ("Open-Source Components"), which means any software license approved as open-source licenses by the Open Source Initiative or any substantially similar licenses, including without limitation any license that, as a condition of distribution of the software licensed under such license, requires that the distributor make the software available in source code format. The Software documentation includes copies of the licenses applicable to the Open-Source Components.

To the extent there is conflict between the license terms covering the Open-Source Components and this EULA, the terms of such licenses will apply in lieu of the terms of this EULA. To the extent the terms of the licenses applicable to Open-Source Components prohibit any of the restrictions in this Agreement with respect to such Open-Source Component, such restrictions will not apply to such Open-Source Component. To the extent the terms of the licenses applicable to Open-Source Components require Licensor to make an offer to provide source code in connection with the Product, such offer is hereby made, and you may exercise it by contacting support@rubiconsgi.com.

Intellectual Property Notices

The Software and all worldwide copyrights, trade secrets, and other intellectual property rights therein are the exclusive property of Rubicon Software Group, Inc.. Rubicon Software Group, Inc. reserves all rights in and to the Software not expressly granted to you in this EULA.

Disclaimers and Limitations on Liability

THE SOFTWARE IS PROVIDED ON AN "AS IS" BASIS, AND NO WARRANTY, EITHER EXPRESS OR IMPLIED, IS GIVEN. YOUR USE OF THE SOFTWARE IS AT YOUR SOLE RISK. Though it is our intention and goals, Rubicon Software Group, Inc. does not warrant that (i) the Software will meet your specific requirements; (ii) the Software is fully compatible with any particular platform; (iii) your use of the Software will be uninterrupted, timely, secure, or error-free; (iv) the results that may be obtained from the use of the Software will be accurate or reliable; (v) the quality of any products, services, information, or other material purchased or obtained by you through the Software will meet your expectations; or (vi) any errors in the Software will be corrected.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT Rubicon Software Group, Inc. SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Rubicon Software Group, Inc. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RELATED TO THE SOFTWARE, including, for example: (i) the use or the inability to use the Software; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Software; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third-party on the Software; (v) or any other matter relating to the Software.

Rubicon Software Group, Inc. reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Software (or any part thereof) with or without notice. Rubicon Software Group, Inc. shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Software.