JIVETEL SOFTWARE TERMS OF USE



This Software Integration Supplement (the “Supplement”) is a legally binding agreement. Please read it carefully. By clicking “Install,” or enabling or using a Jivetel (defined below) software integration and/or any updates to such software (the “Software”), you:

  •    agree to the following terms on behalf of the Jivetel customer with which you are employed, affiliated or associated (“Customer”),
  •    represent that you have the authority to bind Customer to these terms, and
  •    represent that you are an Authorized User under the Customer Terms of Service
or other written agreement between Jivetel and Customer governing provision and use of the Services (the “Agreement”). If you do not have such authority, are not an Authorized User, or do not agree to these terms, you may not install, enable or use the Software. Capitalized terms used but not defined in this Supplement have the meanings given to them in the Agreement.This Supplement is effective between Customer and Jivetel as of the date you first download, install or use the Software, whichever is earliest. You are responsible for reading and complying with any amended version of this Supplement that is posted here, which will become effective 30 days after being posted.

THIS SOFTWARE INTEGRATION SUPPLEMENT
SUPPLEMENT This Supplement forms a part of and modifies the terms of the Agreement solely with respect to the Software. This Supplement is being entered into between the Jivetel entity identified in the Agreement as the contracting party (“Jivetel”) and Customer. Customer is responsible for its Authorized Users’ compliance with this Supplement. The Software is designed to enable the Services to interoperate with a third party application or service (a “Third Party Service”), but is not part of the Services.

SOFTWARE LICENSE
The Software is licensed, not sold, to Customer by Jivetel only under the terms of the Agreement and this Supplement, and Jivetel reserves all rights not expressly granted to Customer. Jivetel retains ownership of all right, title and interest in and to the Software.

PERMITTED LICENSE USES, RESTRICTIONS AND TERMS
This Supplement allows you, as an Authorized User, to use the Software to connect the Services to a Third Party Service, including enabling the Software for use by other Authorized Users under the Agreement. Neither you nor the Customer may rent, lease, lend, redistribute or sublicense the Software. If Jivetel elects, in its sole discretion, to make any updates to the Software available for download, this Supplement allows you to download such Software updates to update or restore the Software. Except as and only to the extent permitted by applicable law, or by licensing terms governing use of open-sourced components included with the Software, neither you nor any other Customer personnel may copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, decrypt, modify, or create derivative works of the Software or Software updates, or any part thereof.The provider of the Third Party Service may require the creation and use of an account and agreement to additional terms and conditions. You are solely responsible for complying with and will comply with any terms and conditions applicable to your access and use of Third Party Services, including any access and use through the Software.The Software may access Customer’s content, information or data and transmit such content, information or data out of the Services to a Third Party Service. Jivetel is not responsible for the privacy, security or integrity of any Third Party Services or the practices and policies of any Third Party Service providers.If permission to access content, information or data is granted, Jivetel may collect and use it in accordance with the Jivetel privacy policy, which may be amended from time to time. Without limiting the generality of anything herein, you acknowledge and agree that the Software may collect Other Information (as definedin the privacy policy) for the purposes of providing Services or functions that are relevant to use of the Software or the Third Party Service.

SERVICE LEVEL AGREEMENT
Any service level agreement in effect between Customer and Jivetel shall not apply to the Software.

MISCELLANEOUS
TO THE FULLEST EXTENT PERMITTED BY LAW, THE SOFTWARE IS LICENSED “AS IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE” AND YOU BEAR ALL RISK OF USING IT. JIVETEL GIVES NO EXPRESS OR IMPLIED WARRANTIES, GUARANTEES, OR CONDITIONS IN RELATION TO THE SOFTWARE, INCLUDING ANY IMPLIED WARRANTIES OR CONDITIONS, INCLUDING THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. YOU ACKNOWLEDGE THAT JIVETEL DOES NOT REPRESENT OR WARRANT THAT THE SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. AT ANY TIME, JIVETEL MAY CEASE SUPPORTING AND/OR MAKING SOFTWARE AVAILABLE.TO THE EXTENT NOT PROHIBITED BY LAW, YOU CAN ONLY RECOVER FROM JIVETEL DIRECT DAMAGES UP TO THE AMOUNT YOU PAID FOR THE SOFTWARE OR $1.00 USD, WHICHEVER IS GREATER. YOU WILL NOT, AND WAIVE ANY RIGHT TO, SEEK TO RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES FROM JIVETEL. THIS LIMITATION APPLIES TO ANYTHING RELATED TO SOFTWARE OR THIRD PARTY SERVICES MADE AVAILABLE THROUGH OR IN CONNECTION WITH THE SOFTWARE, TO THE EXTENT PERMITTED BY APPLICABLE LAW. THIS LIMITATION ALSO APPLIES EVEN IF REPAIR, REPLACEMENT, OR REFUND FOR THE SOFTWARE DOES NOT FULLY COMPENSATE YOU FOR ANY LOSSES; OR IF JIVETEL KNEW OR SHOULD HAVE KNOWN ABOUT THE POSSIBILITY OF DAMAGES.