ContentsTrack License Agreement
AS A CONDITION TO YOUR LICENSE TO USE THE LICENSED PRODUCT AS FURTHER DEFINED BELOW OR ANY OF ITS PARTS, YOU MUST AGREE TO THE FOLLOWING TERMS. YOUR SUBSEQUENT USE OF THE LICENSED PRODUCT WILL BE SUBJECT TO ANY ADDITIONS OR MODIFICATIONS IN EFFECT ON THE DATE OF THAT USE. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT PROCEED, AND DO NOT USE THIS LICENSED PRODUCT. BY PROCEEDING YOU ARE INDICATING YOUR AGREEMENT TO BE GOVERNED BY THIS AGREEMENT IN ITS ENTIRETY.
Pursuant to this Agreement, Xactware Solutions, Inc. (hereinafter "Xactware") authorizes you to accept a non-transferable and non-exclusive license to: (a) utilize the Licensed Product for internal purposes during the term of this Agreement by you or any of your employees; and (b) access the Licensed Product online or through a mobile device through an Xactware ID.
As used in this Agreement, the terms below shall have the following meanings:
“ContentsTrack” shall mean an application created for use in inventorying and tracking physical items as those items proceed through a company’s production workflow.
"Licensed Product" shall mean web-based or mobile access to ContentsTrack (and associated downloadable software components).
"Price Data” shall mean any applicable pricing information authored by Xactware (including but not limited to Xactware’s copyrighted price lists) in an organized format for the specific limited purpose of estimating fixed residential and/or light commercial structural remodel and repair costs, that is compatible with the current version of the Licensed Products. This pricing information is provided for informational purposes only.
“Xactware Marks” shall mean the trademarks CONTENTSTRACK™, X Logo ®, and any XACT-formative marks or any other mark owned and used by Xactware in connection with the Licensed Products and any other products or services offered by Xactware.
“Xactware Materials” shall mean all Xactware training materials (e.g., manuals, tutorials, etc.) and/or promotional materials (e.g., advertising, catalogues, web site content and design, etc.), fixed in any tangible means of expression, that have been used, created, or obtained to date anywhere in the world by or on behalf of Xactware.
2. PROHIBITED USES.
You hereby warrant that you will never, directly or indirectly:
a.) make any attempt to perform automated data collection of information from Xactware’s systems; de-compile, reverse engineer, disassemble or create derivative works from the Licensed Product, any other Xactware product, the Price Data, the Xactware Materials, and/or any other data or information owned by Xactware;
b.) commercially market all or part of Xactware’s products (including but not limited to the Licensed Product and/or the Price Data) or any product similar to Xactware’s products, and/or compete with Xactware in any way;
c.) make an electronic copy of the Licensed Product;
d.) sell, loan, rent, lease, or transfer the Licensed Product and/or the Price Data to another user or third party;
e.) use and/or register the Xactware Marks, any designation, trademark or trade name that incorporates the terms XACT or X, or any designation, trademark or trade name that is confusingly similar to the Xactware Marks, as elaborated in greater detail in Paragraph 12.A herein;
f.) use and/or register the Xactware Materials, or any materials that are substantially similar to the Xactware Materials; or
g.) copy, export, reproduce, distribute, display or otherwise use the Price Data other than in conjunction with your use of the Licensed Product as permitted in this Agreement.
Portions of the Licensed Product constitute a passive service of allowing the posting of information. Xactware assumes and undertakes no responsibility to police or review the accuracy of the information posted, or the right of the individual posting the information to do so. Nevertheless, postings which come to the attention of Xactware and which are deemed by it to violate the terms of this Agreement may be removed without notice and/or may result in revocation of this License. The following are strictly prohibited:
a.) matter that is libelous, invasive of privacy rights, inflammatory, hateful, pornographic, indecent, illegal, or misleading;
b.) any materials that violate or infringe upon the trademark, copyright, or proprietary rights of others. This includes illegally distributed/hijacked software, copyrighted photographs, text, video, artwork, and music; and
c.) any electronic component designed to interfere with the function of hardware, software, or data, e.g., virus worm, Trojan Horse, or intentionally corrupted data.
3. DATA USE AND OWNERSHIP.
A. Data Provided by Xactware for Use with the Licensed Product.
All data provided by Xactware (including but not limited to the Price Data) to you for use with the Licensed Product are owned by Xactware and shall not be transferred, copied, or published (other than as part of the Work Product as defined below) by you or any of your employees, representatives, or agents in any form or format without Xactware's express prior written permission.
B. Anonymous Data and Analytical Information.
i) Xactware shall own all data from which assignee, assignor, and non-public personally identifiable information has been removed, which were created and/or extracted using the Licensed Product. Such data shall be referred to as "Anonymous Data".
ii) Analytical information provided by Xactware is owned by Xactware. Use by you of such analytical information is to be accompanied by appropriate acknowledgement of Xactware's ownership of the information.
C. Work Product.
Ownership of data captured or entered in the product by virtue of Customer’s use of the Licensed Product ("Work Product") is shared between Customer and Xactware. Work Product includes, but is not limited to, data entered by or on behalf of Customer into the Licensed Product.
By using the product you agree to the terms contained herein. This Agreement may be terminated by Xactware without cause by giving you at least thirty (30) days written notice of its intent to terminate, except in the event of a breach by you of this Agreement in which case this Agreement may be terminated by Xactware immediately upon written notice. In the event of termination, you shall promptly, but in no event more than ten (10) days following such written request, deliver, return or destroy all or any portion of procedures, proprietary information, documentation, files, and any other confidential information belonging to Xactware, or property provided by Xactware, under this Agreement.
5. PAYMENT SCHEDULE.
A. Xactware shall provide an invoice to you each month. This billing shall detail your transaction charges for the previous month. In addition, Xactware shall provide an invoice to you each month detailing your charges and/or any other payments associated with any other Xactware products or services being utilized by you.
B. Unless otherwise specified on the invoice, you shall pay all billed charges by the tenth day of the month in which they are invoiced. All billings shall be payable in U.S. dollars only.
C. You will pay interest to Xactware in the amount of one and one-half percent (1 ½%) per month on amounts on all invoices not paid when due. You will also provide a written list of any charges you dispute within ten (10) days of billing. Any charges not disputed within said period shall be deemed to have been accepted and payable.
D. You hereby acknowledge and agree that your failure to make any payment to Xactware within fifteen (15) days after it is due shall constitute a default. Once your account is in default, Xactware, in addition to all other remedies available at law or equity, shall have the right to disable your access rights to any Xactware product and/or service. So long as the account remains in default, Xactware shall have the right to exercise any or all of these options, at its sole discretion, without prior notice.
E. You agree to cooperate with Xactware in the establishment of a program that shall allow you to utilize a method of electronic funds transfer as the means for payment to Xactware of the charges you have incurred.
F. Payments are to be made according to your Xactware invoice or if paying online, payment is due immediately by valid credit card.
You shall defend, indemnify, and hold harmless Xactware and their directors, officers and employees from and against any and all claims (including claims for bodily injury (including death) and property damage), loss, liability, judgments, awards, and costs, including legal fees and court costs, incurred by Xactware and ISO, that arise out of, are caused by or result from (i) your tortious conduct (including negligence), (ii) any violation by you of any applicable statute, ordinance, code or regulation, (iii) your willful misconduct or illegal act or omission, (iv) your breach of any material obligation of this Agreement, or (v) any actual or threatened claim by a third party in any way relating to the output of any Licensed Product that you provide to such third party.
7. YOUR REPRESENTATIONS AND WARRANTIES.
You represent that you either own or have legal authority to control the property that is the subject of the information posted on the Licensed Product. You acknowledge that those parties to whom you grant access may rely upon the information posted by you. You represent and warrant that to the best of your information and belief, the information posted by you is accurate. Unsupported opinions should be so identified. You further represent and warrant that the information obtained by you through your use of the Licensed Product will be treated as opinion and shall not be relied upon by you without independent verification, except at your own risk.
Xactware cannot and does not represent or assume the accuracy of, or in any way endorse the content provided by its members or any other entity. You warrant and represent, therefore, that your use of Licensed Product information is only as a source of opinion. You agree not to rely thereon without independent verification except at your own risk.
You agree that as between you and Xactware, you are in the best position to assess your loss potential for any damage or injury incurred by you which arises out of your use of the Licensed Product and you therefore contract and agree to accept the burden of insuring against such loss, including, but not limited to, losses caused by breach of express or implied warranty, product or service defect, negligence and the acts or omissions of Xactware. You waive any right of subrogation as to Xactware against any such insurable loss. You agree to indemnify and hold Xactware harmless from liability arising out of your use of the Licensed Product website or data obtained there from which arises out of any such insurable loss. You accept responsibility for all statements made, acts, or omissions that occur as part of the use of this website when such use is made possible through the use of your ID and password. You agree to indemnify Xactware from claims arising out of your use or from disclosure of your ID or password.
Contingent upon payment of the associated fees, you may also list or certify your company's credentials and update your contact information on Xactware’s websites. You shall be responsible to review and update the accuracy of the information contained therein on at least a semi-annual basis. Your contact information shall be kept current at all times and on an ongoing basis. The completion and submission of your company information authorizes Xactware to publish the information listed. You accept full and sole responsibility for the accuracy of its content. You agree to hold Xactware harmless from any action arising from information published in your public profile. By subscribing, you consent to said publication and the disclosure of such information to the public indefinitely.
8. XACTWARE'S LIMITED WARRANTIES.
The Licensed Product represents an integration point for content obtained from a vast array of sources. You assume the risk of human or mechanical or other error by Xactware, its members, licensees or other contributors that may cause delays, errors, or omissions. You acknowledge and agree that the Licensed Product may provide links to sites and information (including but not limited to pricing information) provided by others. Xactware makes no implied or express representation or warranty with respect to the accuracy of information contained in these linked sites or pricing information.
Xactware does not warrant that the operation of the Licensed Product or any of its parts will meet your particular application requirements, or that operation of the Licensed Product or any of its parts will be uninterrupted or error free. You assume full responsibility for determining suitability of the Licensed Product and its parts your use.
Xactware does not warrant the accuracy of pricing information in Price Data used in related Xactware estimation products. Price Data is intended to be a representation of historical information to be used as a baseline or place to begin creation of an estimate. You are responsible to ensure the estimate includes pricing consistent with components including but not limited to actual materials, equipment, and labor pricing. You acknowledge and understand that Price Data provided as part of the Licensed Product is intended to target the most representative price of the various price points collected relevant to the specific line item in question. Having this single representative price per line item, computed from all valid price points researched in the market, means that some market price data are higher and some market price data are lower than that which is reported. You agree not to prohibit or preclude deviations from the Price Data where contractor requirements, market conditions, demand or any other factor warrants the use of a different line item price in the specific situation.
Xactware is the owner of all rights and title to the Licensed Product, data, Documentation, training, and/or services and has the right to grant to you the License granted under this Agreement without violating any intellectual property rights of any third party.
Xactware warrants that the Licensed Product, if properly installed and operated by you in conformity with Xactware’s instructions, including but not limited to periodic updates, shall materially perform substantially as described in the applicable documentation and in conformity the system requirements described in this Agreement. Xactware further warrants that the Licensed Product shall function properly in conformity with the description and documentation as set forth herein and as updated with future releases and upgrades to the Licensed Product. Additional statements such as those made in advertising or presentations, whether oral or written, do not constitute warranties by Xactware and should not be relied upon as such.
In the event any product licensed hereunder fails to comply with the warranty as described herein, Xactware shall exert commercially reasonable efforts to correct such product so that the product licensed hereunder performs as warranted. In no event shall Xactware's liability exceed the fees paid for use of the Licensed Product.
THE LICENSED PRODUCT IS LICENSED FOR USE "AS IS" AND SAID WARRANTIES AND LIMITATIONS SET FORTH IN THIS AGREEMENT ARE EXCLUSIVE REMEDIES AND ARE IN LIEU OF ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR ANY OTHER TYPE OF WARRANTY, WHETHER EXPRESS OR IMPLIED.
9. LIMITATION OF REMEDIES.
In the event you shall assert any claim against Xactware, the total of all such claims shall be limited to the lesser of the amounts paid by you under the terms of this Agreement or $1,000,000. IN NO EVENT SHALL XACTWARE BE LIABLE FOR LOSS OF PROFIT, GOODWILL, OR ANY OTHER GENERAL, SPECIAL, CONSEQUENTIAL, INDIRECT, CIRCUMSTANTIAL OR INCIDENTAL DAMAGES SUFFERED OR CLAIMED BY YOU OR ANY OTHER PERSON, FIRM, OR ENTITY AS A RESULT OF YOUR USE OF THE LICENSED PRODUCT, DOCUMENTATION, DATA, SERVICES OR OTHER ITEMS PROVIDED HEREUNDER, IRRESPECTIVE OF WHETHER SUCH LOSS OF PROFIT, GOODWILL, OR OTHER DAMAGES OF ANY NATURE WAS KNOWN OR COULD HAVE BEEN REASONABLY FORESEEN BY XACTWARE.
10. LIMITED USE OF PROPRIETARY, CONFIDENTIAL, AND TRADE SECRET INFORMATION.
The Licensed Product, Price Data, Xactware Materials, and any other data or information provided hereunder and all copies thereof are Xactware's proprietary information and the title thereto remains with Xactware. You may not use the Licensed Product, Price Data, or Xactware Materials for any other use or purpose other than those provided herein. Price Data or any other information marked or designated in written form as confidential are to be treated as trade secrets and confidential information. You agree to take reasonable action by instruction, agreement, and otherwise with your employees, representatives, and agents to inform them of the trade secret and confidential nature of such information and obtain their compliance with this obligation. You agree to protect the confidentiality of the Licensed Product, data, Documentation, services and business trade secrets using the same degree of care, but not less than a reasonable degree of care, as you use to protect and preserve your own confidential information.
Except for the specific limited rights of use specifically granted in this Agreement, this Agreement shall not be construed to grant to you any ownership, license or other proprietary rights in or to any Xactware patents, copyrights, trademarks, confidential information, or similar proprietary information.
Your undertakings and obligations under this Agreement shall not apply to any confidential information (excluding Xactware’s online and offline software programs, mobile applications, and associated documentation which shall remain Confidential Information) which:
· Is disclosed in a printed publication available to the public, is described in a patent or a patent application anywhere in the world, or is otherwise in the public domain at the time of disclosure; or
· Is generally disclosed to third parties by the disclosing party without restriction on such third parties; or
· Is approved for release by prior written authorization of the disclosing party; or
· Is required to be disclosed by a governmental agency or by a proper order of a court of competent jurisdiction; provided, however, that the receiving party will use its best efforts to minimize such disclosure and will consult with and assist the disclosing party in obtaining a protective order prior to such disclosure; or
· Is in the receiving party’s lawful possession prior to the submission thereof by the other party; or
· Is independently developed by the receiving party prior to disclosure by the
The confidentiality provisions of this Agreement are necessary for the protection of the business and goodwill of Xactware. You agree that any breach of these confidentiality provisions or of this Agreement will cause the Xactware substantial and irreparable harm, and, therefore, in the event of such breach, in addition to any other legal remedies that may be available, Xactware shall have the right to seek injunctive relief and any other equitable remedies to prevent or restrain any breach of this Agreement.
The obligations of confidentiality, non-disclosure, and limited use shall survive the termination of this Agreement.
In the event compulsory action is directed to you by a third party to obtain disclosure of any
Xactware owned information, you shall immediately notify Xactware, in writing directed to Xactware Legal Department, and furnish information concerning the nature of the proceedings, the forum, matter number(s), and identification of the parties, counsel, and tribunal involved. Unless otherwise directed by Xactware, you will seek reasonable judicial or tribunal protection from disclosure.
11. USE OF XACTWARE MARKS AND XACTWARE MATERIALS.
A. USE OF XACTWARE MARKS PROHIBITED.
Xactware is the sole and exclusive owner of the Xactware Marks. Xactware has not authorized you to use and/or register the Xactware Marks, any designation, trademark or trade name that incorporates the terms XACT or X, or any designation, trademark or trade name that is confusingly similar to the Xactware Marks. Specifically, you shall not use or incorporate the Xactware Marks or any confusingly similar marks or terms in your trade name or in any domain name owned and/or used by you. You shall not use or apply the Xactware Marks or any confusingly similar marks or terms on or in any of your promotional materials, including but not limited to your website, letterhead, business cards, jobs or any contracts. You also shall not use any of the Xactware Marks as a metatag(s). Any unauthorized use of or infringement by you of the Xactware Marks, or any variation or simulation thereof, shall be deemed a material breach of this Agreement, subject to immediate termination of the Agreement by Xactware, without rights of cure.
B. USE OF XACTWARE MATERIALS PROHIBITED.
Xactware is the sole and exclusive owner of the Xactware Materials. Xactware has not authorized you to use and/or register the Xactware Materials, or any materials substantially similar to the Xactware Materials. Any unauthorized use of or infringement by you of the Xactware Materials, or any variation or simulation thereof, shall be deemed a material breach of this Agreement, subject to immediate termination of the Agreement by Xactware, without rights of cure.
12. LICENSOR’S REMEDIES; INJUNCTIVE RELIEF.
You acknowledge that your breach of the terms or conditions of this Agreement may substantially diminish the value of the Licensed Product, Price Data, Xactware Materials, and any other Xactware owned materials, thereby causing irreparable harm to Xactware. As such, you therefore acknowledge and agree that in the event of your breach of this Agreement, Xactware shall be entitled to equitable relief, and you consent to the entry of both a preliminary and permanent injunction enjoining you from further violation of this Agreement, solely upon a showing by Xactware that such breach by you has occurred.
Should Xactware seek equitable relief for a breach of this Agreement, including but not limited to injunctive relief, you agree that you shall not request that Xactware post a bond or other security in relation to such proceedings, or request that Xactware prove any actual damages. The provisions of this paragraph relating to you are included in this Agreement solely at the request of Xactware in order to afford Xactware more security and not for the purpose of permitting you to escape or avoid any laws, rules or regulations of any applicable jurisdiction or any subdivision thereof applicable to you. Xactware’s entitlement to injunctive relief shall not bar it from recovering monetary damages from you as a result of your breach of this Agreement and/or infringement of any Xactware intellectual property.
13. ACKNOWLEDGMENT OF XACTWARE’S RIGHTS.
You acknowledge Xactware’s ownership of and the validity of the Licensed Product, the Xactware Marks, Price Data, and Xactware Materials. You shall never challenge Xactware’s ownership or the validity of the Licensed Product, the Xactware Marks, Price Data, and Xactware Materials, or of any other intellectual property or other proprietary rights of Xactware therein. You shall not seek to register or otherwise assert rights over all or any portion of the Licensed Product, the Xactware Marks, Price Data, and Xactware Materials, or any variation or simulation thereof. Any such challenge or any attempt to register or obtain rights in and to the Licensed Product, the Xactware Marks, Price Data, and Xactware Materials, or any variation or simulation thereof, shall be deemed a material breach of this Agreement, subject to immediate termination of this Agreement by Xactware, without rights of cure.
14. SUPPORT, MAINTENANCE AND TRAINING
A. PRODUCT SUPPORT
During the term of this Agreement, Xactware shall provide online support to you and your employees licensed to use the Licensed Product, without charge, via Xactware’s eService Center, located on the Internet at www.xactware.com. Xactware shall also provide telephone support at the fees detailed on Xactware’s eService Center. Due to the added functionality typically associated with newer versions of the Licensed Product, Xactware reserves the right to provide support electronically or by telephone for at least one (1) year after the initial release of the Licensed Product. For prior versions of the Licensed Product, Xactware reserves the right to provide support either electronically or by telephone (a) for at least one (1) year after the release of a replacement or updated version of the Licensed Product; or (b) for at least six (6) months after the Licensed Product has been discontinued (general distribution ceased); or (c) require you to update to the most current supported version of the Licensed Product prior to providing support.
During the term of this Agreement and so long as payment required under this
Agreement is current, Xactware shall make enhancements available to you for the Licensed Product, as they become available generally to subscription customers. Enhancements shall be provided to you without additional charge. Any enhancement delivered to you under this Agreement shall be considered part of the Licensed Product and shall be governed by the terms and conditions of this License Agreement.
Within the Licensed Product, Xactware may collect information by automated means and work with third party applications to gather and analyze information regarding product usage and performance.
C. SYSTEM REQUIREMENTS.
Customer shall have and maintain, at minimum, the system requirements identified by Xactware for the proper operation of the Licensed Product(s). Customer is responsible at its own expense for connecting to the servers where the hosted Licensed Product(s) reside. System requirements are subject to change without prior written notice.
Training seminars are available for an additional cost at Xactware's Corporate Headquarters in Orem, Utah, and regionally throughout the USA and Canada as determined by Xactware. Please visit Xactware's website at www.xactware.com for the latest training schedule and registration forms, or contact Xactware's Training Team at 1-800-232-9228 Ext. 523 to schedule training.
You shall, in addition to the other amounts payable under this Agreement, pay all applicable sales and use taxes.
United States copyright laws and international treaties protect the Licensed Product, Price Data, and Xactware Materials described in this Agreement. Unauthorized use of the Licensed Product, Price Data, and Xactware Materials, or any portion of them, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent under the law.
During the term of this Agreement, you agree that Xactware shall have the right, but not the obligation, to list your company as a customer who uses the Licensed Product on Xactware’s website and/or in presentations. Xactware will remove your company’s name from any such list within thirty (30) days after any termination of this Agreement or upon your written request.
18. GOVERNING LAW.
The validity, construction, performance, and enforceability of this Agreement will be governed by the laws of the State of New York, excluding that body of law applicable to conflicts of law.
Xactware shall be entitled to seek legal or equitable relief in any Federal, State, and/or County Court in the State of New York without first submitting the matter to arbitration with respect to alleged breaches or threatened breaches of any material term or provision of this Agreement. The Federal, State and/or County Courts in the State of New York have exclusive jurisdiction over any such claim. You hereby irrevocably submit to the personal jurisdiction of any such court in the State of New York for any such claims and waive any claim or defense of inconvenient forum or lack of personal jurisdiction under any applicable law, decision, treaty or otherwise. In making the foregoing submission to jurisdiction, you expressly waive the benefit of any contrary provision of the laws of the jurisdiction of your incorporation or where you are doing business.
All disputes, disagreements, controversies, questions or claims brought by you, arising out of or relating to this Agreement including, without limitation, with respect to its formation, execution, validity, application, interpretation, performance, breach, termination or enforcement, shall be determined by arbitration.
A. Your use of the Licensed Product or any of its parts indicates that you have read this Agreement, understand it, and fully accept the terms of this Agreement. You further agree that the Agreement for the Licensed Product you are utilizing is the complete and exclusive statement of the Agreement proposals, understandings, and all other agreements of the date herewith, oral or written, between you and Xactware relating to this Agreement.
B. Some Licensed Product functionality is dependent on other Xactware Products, and an Internet browser such as Microsoft's Internet Explorer. You further acknowledge and agree to legally acquire a license for any other required software products not covered by this Agreement.
C. If any provision of this Agreement is held invalid or otherwise unenforceable, the enforceability of the remaining provisions shall not be impaired thereby.
D. The failure or delay of Xactware to exercise any right under this Agreement shall not be deemed a waiver of that or any other right. A waiver or consent given by Xactware on any one occasion is effective only in that instance and will not be construed as a waiver of any right on any other occasion.
E. Any other provisions contained herein to the contrary notwithstanding, neither party hereto shall be liable to the other party for loss, injury, delay, or damages, or other casualty suffered or incurred by such other party due to governmental regulations or directions, outbreak of a state emergency, Act of God, war, warlike hostilities, civil commotion, riots, epidemics, storms, fires, strikes, lockouts, and any other similar cause or causes beyond the reasonable control of the party whose performance is affected by such cause or causes.
F. You shall not assign, rent, sell, sub-license, sub-contract or otherwise transfer this Agreement or any portion thereof to any other person, firm, or entity without Xactware’s express prior written consent. The foregoing notwithstanding, however, a party may assign this Agreement without the express consent of the other to a purchaser of a controlling interest, or substantially all of the operational assets of the assigning party.
G. In the event of a breach of this Agreement by you, you shall be liable to Xactware for any and all attorneys’ fees and costs incurred by Xactware in connection with its efforts to enforce this Agreement, whether such attorney's fees and costs are incurred in connection with a court proceeding or any other action taken by Xactware to enforce the terms of this Agreement.
H. This Agreement will be binding upon and inure to the benefit of the parties hereto, and their respective successors and assigns.
I. In the case of a beta test or demo, Xactware authorizes you a temporary use license to utilize the Licensed Product for the sole purpose of internal pre-release evaluation and testing. This right is subject to additional agreements and covenants by you concerning the specific beta test or demo, which by this reference are incorporated herein. In addition, in the case of a demo, Section 4 does not apply. In the case of a beta test, Sections 4, 9 and 15 do not apply.
J. You hereby grant your permission and consent to receive information via fax transmission from Xactware.
K. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS, AND FURTHER AGREE THAT THIS IS THE COMPLETE AND EXCLUSIVE STATEMENT BETWEEN XACTWARE AND YOU RELATING TO THIS AGREEMENT. Furthermore, you represent that you are 18 years of age or older and you accept responsibility for all statements made, acts or omissions that occur as part of the use of this website when such use is made possible through the use of your ID and password. You agree to indemnify Xactware from claims arising out of your use or from disclosure of your ID or password
L. For further information: Should you have any questions concerning the provisions of this Agreement or if you desire to contact Xactware, please write to: Xactware Solutions, Inc., 1426 East 750 North, Orem, Utah 84097, call our Sales Department at 1-800-424-9228 or visit our website at www.xactware.com.
All Xactware Product names are trademarks of Xactware Solutions, Inc. All other brand and product names are trademarks of their respective owners.
Copyright 2014 by Xactware Solutions, Inc. All Rights Reserved.