This cloud application and its associated software (“Cloud Application“) has been designed to introduce you, the End-User to cloud based solution of Docomotion Inc. (“Docomotion”).
- Grant of Right to Use: Subject to payment of the applicable subscription fee (the “Fee(s)”), and pursuant to the terms and conditions hereunder, Docomotion grants you a limited, nonexclusive, nontransferable, non-sublicensable worldwide right to access and use the Cloud Application, solely for your internal business purposes, limited to the time period and the number of Scheduled Resources specified in your Order Form or other relevant confirmed order. All rights not expressly granted to you are reserved by Docomotion.
- You shall not reproduce, distribute, modify or transmit any part of the Cloud Application, without the prior written consent of Docomotion. You may not disassemble, decompile, or reverse engineer any file/item from the Cloud Application.
- You are prohibited from creating any works based on or derived from the materials on the Cloud Application in any manner including without derogating from the abovementioned any manner that is unlawful or causes harm to Docomotion or other third parties. You may not use the Cloud Application in any manner that could damage, disable, overburden or impair the Cloud Application.
- Docomotion does not warrant that the use of the Cloud Application will be uninterrupted, error-free or completely secure. You acknowledge that there are certain risks inherent in internet connectivity that could result in the loss of privacy, Confidential Information and property.
- Docomotion do not own or store any of the data, documents, information or material that you submit in the course of using the Cloud Application (the “Data”). You are solely responsible for your Data, including, without limitation the accuracy, quality, integrity, legality, reliability, appropriateness of the foregoing, and obtaining any Intellectual Property Rights ownership or right to use the foregoing. You will not provide, post or transmit any Data that: (a) infringe or violate any Intellectual Property Rights, publicity/privacy rights, law or regulation; or (b) contain any viruses or programming routines, macros, or other elements that may damage, surreptitiously intercept or expropriate any system, data or personal information.
- THIS CLOUD APPLICATION, IS PROVIDED “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE” AND THE ENTIRE RISK OF USING THE CLOUD APPLICATION IN ANY MANNER IS WITH YOU. DOCOMOTION MAKES NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION (A) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT, (B) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE AND (C) WARRANTIES OR CONDITIONS THAT ACCESS TO OR USE OF THE CLOUD APPLICATION SHALL BE UNINTERRUPTED OR ERROR-FREE. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE TERMS AND CONDITIONS WRITTEN HEREIN, REGARDLESS OF WHETHER THE MATERIALS PROVIDED HEREIN ARE DOCOMOTION’S OR ANOTHER THIRD PARTY’S. WITHOUT DEROGATION FROM THE AFOREMENTIONED, YOU ASSUME ALL RISK FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM ACCESS TO THE CLOUD APPLICATION, INCLUDING WITHOUT LIMITATION ANY DAMAGES RESULTING FROM COMPUTER VIRUSES.
- LIMITATION OF LIABILITY: IN NO EVENT IS DOCOMOTION LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES ARISING OUT OF, RESULTING FROM OR BASED ON YOUR USE OF THE CLOUD APPLICATION, EVEN IF DOCOMOTION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION OF DAMAGES UNDER THIS SECTION IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) NEGLIGENCE, OR (4) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF YOU ARE DISSATISFIED WITH THE CLOUD APPLICATION, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE.
- You agree to hold harmless and indemnify Docomotion from any breach of yours, or allegation of breach against you, regarding the copyright, trademark, proprietary or other rights of Docomotion or any other third party including the supplier of the Cloud Application- Salesforce Inc.
- Docomotion may modify the terms, conditions and notices under which it offers the use of this Cloud Application and you are responsible for regularly reviewing these and any additional terms posted on the Cloud Application. Your continued use of the Cloud Application constitutes your acceptance and agreement to such changes. Without derogating from the above, Docomotion may terminate this Agreement, or terminate your access to the Cloud Application, if you fail to comply with any of the terms and conditions of this Agreement. Such termination shall become effective if you won’t cure such failure within a period of forteen (14) days after written notice of default by Docomotion; with or without cause, and with or without notice.
- This Agreement shall operate to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision shall be deemed severed, and shall not affect the validity or enforceability of any remaining provisions. Any delay in or failure of performance by Docomotion under this Agreement will not be considered a breach of this Agreement and will be excused to the extent caused by any Force Majeure.
- This Agreement shall be governed by and construed in accordance with the laws of the State of Israel, without giving effect to any principles of conflicts of law. You agree to submit any disputes hereunder to the exclusive jurisdiction of the competent court of Israel, and you further irrevocably waive any right you may have to trial by jury in such dispute.
- You acknowledge and understand that your access to the Cloud Application may be suspended or terminated by SFDC due to breach of SFDC Term of Use, or any other reason. You shall remain liable to Docomotion for the Cloud Application services fees until the expiration of the applicable subscription period, notwithstanding any such interruption or termination. In no case will any such termination or suspension by SFDC give rise to any liability of Docomotion to you for a refund, damages, or otherwise.