O365 IT Health & Risk Scanner End User License Agreement
Ossisto Technologies (hereafter referred to as Ossisto) and You agree to the terms of this Agreement. These terms apply to the usage of O365 IT Health & Risk Scanner Software.
By downloading, installing, copying, accessing or using this software, You agree to this Agreement. If You are accepting this Agreement on behalf of another person or other legal entity, You represent and warrant that You have full authority to bind that person or legal entity to this Agreement. You must ensure that End Users comply with this Agreement and are responsible for End Users’ compliance with or breach of this Agreement.
If You do not agree to this Agreement, You must:
- Not download, install, copy, access or use the Software; and
- Immediately return the Software and proof of entitlement to the party from whom You acquired this Software.
SOFTWARE USAGE RIGHTS:
Subject to the terms and conditions of this agreement, you have non-exclusive, non-transferrable right to use the O365 IT Scanner solely for your own internal business operations. O365 IT Scanner is licensed per computer basis. You may not share your License key or install the software on a third party’s computer without written approval from Ossisto first.
- All O365 IT Scanner Licenses come with 1-year validity.
COPY AND USE TERMS:
You may not:
- Decompile, disassemble or reverse-engineer the Software, or create, recreate the Source code for the Software
- Remove, erase, obscure or tamper with any copyright or any other product identification or proprietary rights notices, seal or instructional label printed or part of the Software or Documentation; or fail to preserve all copyright and other proprietary notices in all copies Company makes of the Software and Documentation;
- Lease, lend or use the Software for timesharing or service bureau purposes; sell, market, license, sublicense, distribute or otherwise grant to any person or entity any right to use the Software except to the extent expressly permitted in this Agreement; or use the Software to provide, alone or in combination with any other product or service, any product or service to any person or entity, whether on a fee basis or otherwise;
- Modify, adapt, tamper with, translate or create Derivative Works of the Software or the Documentation; combine or merge any part of the Software or Documentation with or into any other software or documentation; or refer to or otherwise use the Software as part of any effort (internal or external) to develop similar Softwares;
- Except with Ossisto’s prior written permission, publish any performance or benchmark tests or analysis relating to the Software.
TECHNICAL SUPPORT AND MAINTENANCE:
4.Ossisto agrees to provide a year of technical support limited to the functioning of the Software by design. Ossisto will ensure the Software works as described and demonstrated on Ossisto 365 website and live calls, screen-share sessions, and fix issues (if any) that may interfere with the intended functions when notified of such issues by the end user.
Ossisto is not responsible for maintaining the Software, add-ons, Documentation, and supporting tools in your environment after the initial setup support.
Ossisto may provide additional support to you on a need basis which may come with accompanying terms.
- You may choose to terminate this agreement at any time by simply uninstalling this Software and processing any payments owed by you to Ossisto as on the day of uninstallation.
- Ossisto may terminate your license if you materially breach this agreement and fail to fix the breach within a period of thirty (30) days of receiving Ossisto’s notice of breach. Upon termination, you are required to immediately return, destroy or permanently delete all copies of the Software and Documentation.
- End-of-Life: Your right to use the Software and Software features is subject to the End-of-Life Policy made available on Ossisto 365 website. Upon the End-of-Life date of Software or Software feature(s); as described in the End-of-Life Policy, the right to use the Software and such feature(s) will terminate.
- Both parties acknowledge that they may have access to confidential information of the other party in connection with this Agreement. Such confidential information can be of substantial value to disclosing or third parties, and both parties agree to safeguard and keep such information confidential to the extent they would protect their own confidential information.
- Both parties agree that any breach or exposure of such confidential information (like a third party becoming aware of such information) will be brought to notice of the party whose confidential information has been compromised.
INTELLECTUAL PROPERTY RIGHTS
The Software, its source code, add-ons, derivate works and documents, whether or not provided to you, are confidential information of Ossisto. Ossisto (or its licensors) owns exclusively all related Intellecutal Propery Rights except for limited usage rights granted to you as part of this agreement.
LIMITED WARRANTY AND DISCLAIMER:
OSSISTO’S IT SCANNER DOES NOT CHANGE ANYTHING WITHIN YOUR SYSTEMS. IT ONLY SCANS THE MANAGED INFRASTRUCTURE TO IDENTIFY HEALTH AND RISK ISSUES AND REPORTS THEM AS PART OF THE SOFTWARE DESIGN. IN OTHER WORDS, OSSISTO’S SOFTWARE PERFORMS A READ-ONLY OPERATION TO GATHER THE DATA FOR REPORTING PURPOSES. EITHER PARTY’S ENTIRE AGGREGATE LIABILITY TO THE OTHER PARTY FOR CLAIMS AS PERTAINING TO THIS AGREEMENT WILL NOT EXCEED THE TOTAL PAYMENTS PAID OR PAYABLE TO OSSISTO IN SIX (6) MONTHS PRIOR TO THE CLAIM. OSSISTO GIVES NO EXPRESS WARRANTIES, GUARANTEES OR CONDITIONS. NEITHER PARTY WILL BE LIABLE FOR ANY CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT, EVEN IF THE DAMAGES WERE FORESEEABLE OR A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES. THIS LIMITATION OF LIABILITY APPLIES WHETHER SUCH CLAIMS ARISE UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE), EQUITY, STATUTE OR OTHERWISE. NOTHING IN THIS AGREEMENT LIMITS OR EXCLUDES ANY LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED UNDER APPLICABLE LAW.LIMITED WARRANTY AND DISCLAIMER.
Any disputes arising out of or pertaining to the contents of this Agreement will be governed by laws applicable in one of three regions, excluding relating to conflict of laws:
- USA – New Jersey (if you purchased Ossisto product(s) in North America)
- UK – London (if you purchased Ossisto product(s) in Europe)
- India – Bangalore (if you purchased Ossisto product in any other region)
Based on the location of Ossisto office that delivers the license, the regional courts will each have exclusive jurisdiction over all disputes arising out of or pertaining to the contents of this Agreement:
- USA – For licenses delivered by the Ossisto Corporate Office, New Jersey, USA.
- UK – For licenses delivered by the Ossisto Europe Office, London, UK.
- India – For licenses delivered by the Ossisto Asia Office, Bangalore, India.
This agreement constitutes the entire agreement between you and Ossisto and supersedes any previous communication, expresses or implied. This agreement, including all document(s) included by reference within this agreement, will be final.
Ossisto reserves the right to amend terms of this agreement without prior notice and making the amended terms available by written request to Ossisto or publishing them on the Ossisto 365 website.