Site Industries, LLC. (Revised May 2021)
ATTENTION! THE FOLLOWING TERMS AND CONDITIONS OF THIS AGREEMENT WILL BE LEGALLY BINDING ON CUSTOMER UPON INSTALLING OR OTHERWISE USING THE SOFTWARE OR RECEIVING THE SERVICES OF SITE INDUSTRIES, LLC. CUSTOMER IS STRONGLY ADVISED TO CAREFULLY READ AND UNDERSTAND THE FOLLOWING PARAGRAPHS IN FULL UPON EXECUTING THE AGREEMENT.
1. License Grant. This End-User License Agreement (the “Agreement”) grants you, the user (Customer), a non-exclusive, non-transferable license to use the Software, in object code for your internal business purposes (and not for managing Third-Party data unless the product you have licensed expressly permits you to) under the terms and conditions stated herein. The Software is to be used, and deployed in accordance with the specific rights and responsibilities set forth in this Agreement. This Agreement can be updated from time to time, in Site Industries’ sole discretion and will be made available online and call customers will be notified of an update and be required to approve the updated agreement upon login of the software.
2. Permitted Use and Reproduction.
2.1.1 License Term: The license is effective for the limited time specified in the Invoice. If no term is specified, the licenses will default to renewing annual subscriptions and be perpetual.
2.1.2 Copies: Customer has no right to copy the Software. The customer does retain the right to download their data necessary for back-up, archival or disaster recovery purposes. The subsequent sale or completion of any action directed toward resale of Site Industries’ software will result in the immediate termination of this Agreement, as well as formal civil and criminal charges filed with the local jurisdiction.
2.1.3 Affiliates, Managing Parties: Customer may permit use of the Software in accordance with this Agreement and the written approval of Site Industries, LLC:
(a) by an approved Affiliate.
(b) by a third party with which Customer enters into a contract to manage Customer’s information technology resources (Managing Party) if:
(i) the Managing Party only uses the Software for Customer’s internal operations and not for the benefit of another third party or itself.
(ii) the Managing Party agrees to comply with the terms and conditions of this Agreement.
(iii) Customer provides Site Industries with written notice that a Managing Party will be using the Software on Customer’s behalf.
2.1.4 General restrictions: Customer may not, and may not cause or allow any third party to:
(a) decompile, disassemble or reverse-engineer the Software.
(b) remove, erase, obscure or tamper with any copyright or proprietary notices.
(c) lease, lend, sell, sublicense, distribute or otherwise grant rights except as expressly permitted.
(d) modify, adapt, translate or create derivative works.
(e) publish benchmark tests without prior written permission.
(f) attempt any of the above activities.
(g) operate the Software in a cloud environment unless expressly permitted.
Hardware Requirements. DSL, cable or another high-speed Internet connection is required for proper transmission of the Service. Customer is responsible for network connections and compatible browser software. Site Industries, LLC assumes no responsibility for connection reliability.
2.2 Accuracy of Customer’s Contact Information. Customer shall provide accurate and current information and promptly update it if changed.
2.3 Users: Passwords, Access, and Notification. Customer is responsible for all access credentials, electronic communications, and preventing unauthorized access.
2.4 Customer’s Lawful Conduct during Use. Customer shall comply with all applicable laws, including privacy, electronic communications, and export regulations.
2.5 Third-Party Web Sites, Products and Services. Any procurement of Third-Party Applications or services is solely between Customer and the Third-Party provider.
2.6 Transmission of Data. Customer consents to transmission and storage of data over the Internet and acknowledges associated risks.
2.7 Service Level. Customer’s sole remedy for failure to meet service levels is a service credit.
2.8 Site Industries, LLC Support. Support documentation and services may be provided as part of the Service.
2.9 Customer Payment Data. Site Industries, LLC will maintain commercially reasonable safeguards and PCI DSS compliance.
2.10 Confidentiality. Confidential Information excludes publicly known information and aggregate usage data.
2.11 Ownership of Customer Data. Customer retains ownership of Customer Data.
2.12 Site Industries, LLC Intellectual Property Rights. All intellectual property in the Service remains with Site Industries, LLC.
2.13 Federal Government End User Provisions. Government rights are limited to those customarily provided to the public.
2.14 Dispute Resolution. Disputes shall be resolved via arbitration in Fayette County, Pennsylvania.
3. Warranties
3.1 Warranty of Functionality. Site Industries, LLC warrants material functionality during the Term.
3.2 No Virus Warranty. Reasonable efforts are made to prevent malicious code.
4. Disclaimer of Warranties. THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE”.
5. Limitations of Liability. Liability is limited as permitted by law.
6. Indemnification.
7. Suspension/Termination.
8. Modification; Discontinuation of the Service.
9. Definitions.
“Third-Party Applications” includes services listed at www.siteind.com.
LICENSOR
Authorized Signature
Print Name and Title
LICENSEE
Authorized Signature
Print Name and Title
