Enabler4Sheets software (“the Software Product”) and accompanying documentation is licensed and not sold. This Software Product is protected by copyright laws and treaties, as well as laws and treaties related to other forms of intellectual property. ENABLER4SHEETS LLC or its subsidiaries, affiliates, and suppliers (collectively “ENABLER4SHEETS LLC”) own intellectual property rights in the Software Product. The licensee’s (“you” or “your”) license to use the Software Product is subject to these rights and to all the terms and conditions of this End User License Agreement (“Agreement”).
YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT BY INSTALLING THE ENABLER4SHEETS ADDON TO YOUR GOOLGE DRIVE ENVIRONMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, YOU MUST NOT INSTALL THE SOFTWARE PRODUCT.
Restriction on Transfer
Without first obtaining the express written consent of ENABLER4SHEETS LLC, you may not assign your rights and obligations under this Agreement, or redistribute, encumber, sell, rent, lease, sublicense, or otherwise transfer your rights to the Software Product.
Limited Software Product Warranty
ENABLER4SHEETS LLC warrants that when properly installed and used under normal conditions, the Software Product will perform substantially as advertised. In case of substantial flaws and omissions a patch will be provided to customers with an active subscription to address such flaws or omissions. During the period when your subscription is active you are eligible for free updates of the Software Product as soon as the new versions become available.
Disclaimer of Warranties and Limitation of Liability
UNLESS OTHERWISE EXPLICITLY AGREED TO IN WRITING BY ENABLER4SHEETS LLC, ENABLER4SHEETS LLC MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, IN FACT OR IN LAW, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OTHER THAN AS SET FORTH IN THIS AGREEMENT OR IN THE LIMITED WARRANTY DOCUMENTS PROVIDED WITH THE SOFTWARE PRODUCT. ENABLER4SHEETS LLC MAKES NO WARRANTY THAT THE SOFTWARE PRODUCT WILL MEET YOUR REQURIEMENTS OR OPERATE UNDER YOUR SPECIFIC CONDITIONS OF USE. ENABLER4SHEETS LLC MAKES NO WARRANTY THAT OPERATION OF THE SOFTWARE PRODUCT WILL BE SECURE, ERROR FREE, OR FREED FROM INTERRUPTION. YOU MUST DETERMINE WHETHER THE SOFTWARE PRODUCT SUFFICIENTLY MEETS REQUIREMENTS FOR SECURITY AND UNINTERRUPTABILITY. YOU BEAR SOLE RESPONSIBILITY AND ALL LIABILITY FOR ANY LOSS INCURRED DUE TO FAILURE OF THE SOFTWARE PRODUCT TO MEET YOUR REQUIREMENTS. ENABLER4SHEETS LLC WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE FOR THE LOSS OF DATA ON ANY COMPUTER OR INFORMATION STORAGE DEVICE. UDNER NO CURCUMSTANCES SHALL ENABLER4SHEETS LLC, ITS DIRECTORS, OFFICERS, EMPLOYEEES OR AGENTS BE LIABLE TO YOU OR ANY OTHER PARTY FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND (INCLUDING LOST REVENUES OR PROFITS OR LOSS OF BUSINESS) RESULTING FORM THIS AGREEMENT, OR FROM THE FURNISHING, PERFORMANCE, INSTALLATION, OR USE OF THE SOFTWARE PRODUCT, WHETHER DUE TO A BREACH OF CONTRACT, BREACH OF WARRANTY, OR THE NEGLIGENCE OF ENABLER4SHEETS LLC OR ANY OTHER PARTY, EVEN IF ENABLER4SHEETS LLC IS ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT THAT THE APPLICABLE JURISDICTION LIMITS ENABLER4SHEETS LLC’S ABILITY TO DISCLAIM ANY IMPLIED WARRANTIES, THIS DISCLAIMER SHALL BE EFFECTIVE TO THE MAXIMUM EXTENT PERMITTED.
All disputes arising from the use of Xappex software are to be resolved in arbitration.
Governing Law, Jurisdiction and Costs
This Agreement is governed by the laws of the State of Michigan, without regard to ENABLER4SHEETS LLC’s conflict of choice of law provisions.
Salesforce® is the registered trademark of Salesforce.com Inc.
If any provision of this Agreement shall be held to be invalid or unenforceable, the remainder of this Agreement shall remain in full force and effect. To the extent any express or implied restrictions are not permitted by applicable laws, these express or implied restrictions shall remain in force and effect to the maximum extent permitted by such applicable laws.