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BobsleighX End User License Agreement Aug 2023
PLEASE REVIEW THESE TERMS OF SERVICE (THIS “AGREEMENT”) CAREFULLY AS THEY
CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU (“CUSTOMER”) AND YUNI
(“BobsleighX”) WITH RESPECT TO CUSTOMER’S USE OF THE SERVICES (AS DEFINED BELOW).
BY USING THE SERVICES, YOU AGREE TO BE BOUND BY EACH OF THE TERMS AND CONDITIONS SET
FORTH HEREIN. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS SET FORTH HEREIN,
YOU MAY NOT ACCESS, REGISTER FOR, OR USE THE SERVICES. BobsleighX and Customer may be referred
to herein individually as a “Party,” and together as the “Parties.”
1. DEFINITIONS.
1.1. “Services” means the combination of Software and Support Services as defined below.
1.2. "Software" means the BobsleighX proprietary software in any form and related documentation delivered to or
downloaded by Customer. The term “Software” also includes any updates, upgrades or other new
features, functionality or enhancements to the Software provided to Customer by BobsleighX or its resellers
or agents as part of a new purchase, through Support Services or otherwise. All references to the
"purchase” or “sale” of Software mean the granting of a license to use such Software under the terms of
this Agreement.
1.3. “Support Services” may include, depending on Customer’s purchase selections, any or all of the
following: product installation support and/or customary technical support and maintenance services.
2. GENERAL.
2.1. Scope of Agreement. This Agreement applies to Customer’s purchase and use of all Services, whether
directly from BobsleighX or from an authorized reseller of the Services (“Reseller”).
2.2. Authority. Each Party represents and warrants to the other Party that: (a) its performance under this
Agreement will not violate any applicable law; (b) it is duly formed, validly existing and in good standing
under the laws of the jurisdiction of its formation; (c) it has the full right, power and authority to enter into
this Agreement and to perform its obligations hereunder; and (d) this Agreement has been duly executed
by its authorized representative and is legally binding upon it and enforceable in accordance with its terms.
3. LICENSE.
Subject to the terms and conditions set forth in this Agreement, BobsleighX grants Customer a
nonexclusive, nontransferable, non-sublicensable and revocable right and license to: (a) install and use an object
code version of the Software in accordance with the related documentation solely for its own internal business
operations; (b) reproduce and distribute internally a reasonable number of copies of the documentation with
respect to the Software provided by BobsleighX (the “Documentation”), provided that Customer must include on
all copies of such Documentation all BobsleighX trademarks, trade names, logos and notices present thereon as
originally provided by BobsleighX; and (c) make a reasonable number of copies of the Software solely for backup
and/or archival purposes. BobsleighX reserves all rights in the Software not expressly granted to Customer under
this Agreement.
4. LIMITATIONS ON USE.
4.1. Authorized Users Only. Customer agrees that only up to that number of individuals for whom it has
purchased the requisite licenses in accordance with this Agreement, as set forth on the applicable Order (as
defined below) and as controlled by Customer’s license key, may access and use the Software (each such
individual, an “Authorized User”). Customer hereby agrees it is liable for the actions of all Authorized
Users and is responsible for ensuring each Authorized User complies with the terms and conditions set
forth in this Agreement.
4.2. No Right to Source Code. Customer acknowledges that the source code and underlying structure and
algorithms of the Software are the property and proprietary trade secrets of BobsleighX or its licensors.
Except as provided by the open source licenses described in Section 23 below: (a) no license is granted to
use source code of the Software and all such use is expressly prohibited; and (b) Customer agrees not to:
(i) modify, reverse engineer, decompile, translate, or disassemble the Software, (ii) obtain or attempt to
create, derive, or obtain the source code of the Software, (iii) create a source code equivalent of or
derivative of the Software, or (iv) cause or permit any third party to do any of the foregoing.
4.3. No Right to Transfer, Resell, or Provide Services.
PLEASE REVIEW THESE TERMS OF SERVICE (THIS “AGREEMENT”) CAREFULLY AS THEY
CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU (“CUSTOMER”) AND YUNI
(“BobsleighX”) WITH RESPECT TO CUSTOMER’S USE OF THE SERVICES (AS DEFINED BELOW).
BY USING THE SERVICES, YOU AGREE TO BE BOUND BY EACH OF THE TERMS AND CONDITIONS SET
FORTH HEREIN. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS SET FORTH HEREIN,
YOU MAY NOT ACCESS, REGISTER FOR, OR USE THE SERVICES. BobsleighX and Customer may be referred
to herein individually as a “Party,” and together as the “Parties.”
1. DEFINITIONS.
1.1. “Services” means the combination of Software and Support Services as defined below.
1.2. "Software" means the BobsleighX proprietary software in any form and related documentation delivered to or
downloaded by Customer. The term “Software” also includes any updates, upgrades or other new
features, functionality or enhancements to the Software provided to Customer by BobsleighX or its resellers
or agents as part of a new purchase, through Support Services or otherwise. All references to the
"purchase” or “sale” of Software mean the granting of a license to use such Software under the terms of
this Agreement.
1.3. “Support Services” may include, depending on Customer’s purchase selections, any or all of the
following: product installation support and/or customary technical support and maintenance services.
2. GENERAL.
2.1. Scope of Agreement. This Agreement applies to Customer’s purchase and use of all Services, whether
directly from BobsleighX or from an authorized reseller of the Services (“Reseller”).
2.2. Authority. Each Party represents and warrants to the other Party that: (a) its performance under this
Agreement will not violate any applicable law; (b) it is duly formed, validly existing and in good standing
under the laws of the jurisdiction of its formation; (c) it has the full right, power and authority to enter into
this Agreement and to perform its obligations hereunder; and (d) this Agreement has been duly executed
by its authorized representative and is legally binding upon it and enforceable in accordance with its terms.
3. LICENSE.
Subject to the terms and conditions set forth in this Agreement, BobsleighX grants Customer a
nonexclusive, nontransferable, non-sublicensable and revocable right and license to: (a) install and use an object
code version of the Software in accordance with the related documentation solely for its own internal business
operations; (b) reproduce and distribute internally a reasonable number of copies of the documentation with
respect to the Software provided by BobsleighX (the “Documentation”), provided that Customer must include on
all copies of such Documentation all BobsleighX trademarks, trade names, logos and notices present thereon as
originally provided by BobsleighX; and (c) make a reasonable number of copies of the Software solely for backup
and/or archival purposes. BobsleighX reserves all rights in the Software not expressly granted to Customer under
this Agreement.
4. LIMITATIONS ON USE.
4.1. Authorized Users Only. Customer agrees that only up to that number of individuals for whom it has
purchased the requisite licenses in accordance with this Agreement, as set forth on the applicable Order (as
defined below) and as controlled by Customer’s license key, may access and use the Software (each such
individual, an “Authorized User”). Customer hereby agrees it is liable for the actions of all Authorized
Users and is responsible for ensuring each Authorized User complies with the terms and conditions set
forth in this Agreement.
4.2. No Right to Source Code. Customer acknowledges that the source code and underlying structure and
algorithms of the Software are the property and proprietary trade secrets of BobsleighX or its licensors.
Except as provided by the open source licenses described in Section 23 below: (a) no license is granted to
use source code of the Software and all such use is expressly prohibited; and (b) Customer agrees not to:
(i) modify, reverse engineer, decompile, translate, or disassemble the Software, (ii) obtain or attempt to
create, derive, or obtain the source code of the Software, (iii) create a source code equivalent of or
derivative of the Software, or (iv) cause or permit any third party to do any of the foregoing.
4.3. No Right to Transfer, Resell, or Provide Services.