End user license agreement
OKR Board for Salesforce is licensed to You (End-User) by Oboard LTD ('Oboard’)., located at Kensington High Street Office 4 219, Kensington, London, England, W8 6BD ('Licensor'), for use under the terms of this Licence Agreement.
By installing the Licensed Application through the Salesforce's AppExchange online directory of applications ('AppExchange') or through any successor websites, and any update thereto (as permitted by this Licence Agreement), You indicate that You agree to be bound by all of the terms and conditions of this Licence Agreement, and that You accept this Licence Agreement.
The parties of this Licence Agreement acknowledge that Salesforce is not a Party to this Licence Agreement and is not bound by any provisions or obligations with regard to the Licensed Application, such as warranty, liability, maintenance and support thereof. Oboard, not Salesforce, is solely responsible for the Licensed Application and the content thereof.
This Licence Agreement may not provide for usage rules for the Licensed Application that are in conflict with the latest Salesforce Terms of Service. Oboard acknowledges that it had the opportunity to review the Salesforce Terms of Service, agrees with the Partner Application Distribution Agreement, reviewed and agrees with other documentation applicable, and this Licence Agreement is not conflicting with them.
OKR board for Salesforce when purchased or installed through AppExchange, is licensed to You for use under the terms of this Licence Agreement. The Licensor reserves all rights not expressly granted to You.
1. THE APPLICATION
1.1 OKR board for Salesforce ('Licensed Application') is a piece of software created to facilitate Your Company's work together including in marketing, sales, customer service, and other departments. It is used to keep Your Company's team aligned, engaged, and focused; to plan Your Company's execution to meet the goals and track the performance of Your Company with advanced analytics and progress monitoring.
1.2 The Licensed Application is not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use this Licensed Application. You may not use the Licensed Application in a way that would violate the Gramm-Leach-Bliley Act (GLBA).
2. SCOPE OF LICENCE
2.1 Licensor grants you a limited, worldwide, non-exclusive, non-transferable and non-sublicensable license to install and use the Licensed Application only on hardware systems owned, leased or controlled by you.
You may not share or make the Licensed Application available to third parties (unless to the degree allowed by the Salesforce Terms of Service, and with Oboard's prior written consent), sell, rent, lend, lease or otherwise redistribute the Licensed Application.
2.2 You may not reverse engineer, translate, disassemble, integrate, decompile, remove, modify, combine, create derivative works or updates of, adapt, or attempt to derive the source code of the Licensed Application, or any part thereof (except with Oboard's prior written consent).
2.3 You may not copy (excluding when expressly authorised by this licence and the Salesforce Terms of Service) or alter the Licensed Application or portions thereof. You may not remove any intellectual property notices. You acknowledge that no unauthorised third parties may gain access to these copies at any time.
2.4 Licenses granted by Licensor are granted subject to the condition that you must ensure the maximum number of Authorised Users that are able to access and use the Licensed Application concurrently is equal to the number of User Licenses for which the necessary fees have been paid to Licensor. You may purchase additional User Licenses at any time on payment of the appropriate fees to Licensor. 'User License' means a license granted under this Licence Agreement to you to permit an Authorised User to use the Licensed Application. The number of User Licenses granted to you is dependent on the fees paid by you. The 'Authorised User' means a person who accesses and uses the Licensed Application under this Licence Agreement and for which the necessary fees have been paid to Licensor.
2.5 Violations of the obligations mentioned above, as well as the attempt of such infringement, may be subject to prosecution and damages.
3. TECHNICAL REQUIREMENTS
Licensor reserves the right to modify the technical specifications as it sees appropriate at any time. Licensor will submit an updated Partner Application Description for Salesforce’s review and written approval before making the updated Licensed Application available to You.
4. MAINTENANCE AND SUPPORT
4.1 The Licensor is solely responsible for providing any maintenance and support services for this Licensed Application. The Licensor will provide web-based and/or email support to You from 9 AM – 5 PM CET, Monday - Friday; and will respond to all support queries clearly and conspicuously within one business day.
4.2 Oboard. and the End-User acknowledge that Salesforce have no obligation whatsoever to furnish any maintenance and support services with respect to the Licensed Application.
5. WARRANTY
5.1 Licensor warrants that the Licensed Application is free of spyware, trojan horses, viruses, or any other malware at the time of Your installing the Licensed Application. Licensor warrants that the Licensed Application works as described in the user documentation.
5.2 No warranty is provided for the Licensed Application that has been unauthorisedly modified, handled inappropriately or culpably, combined or installed with inappropriate hardware or software, used with inappropriate accessories, regardless if by Yourself or by third parties, or if there are any other reasons outside of Oboard's sphere of influence that affect the executability of the Licensed Application.
5.3 You are required to inspect the Licensed Application immediately after installing it and notify Oboard about issues discovered without delay by email provided on the 'Contact Us' page of the website. The defect report will be taken into consideration and further investigated if it has been emailed within a period of _______ days after discovery.
6. PRODUCT CLAIMS
Oboard and the End-User acknowledge that Oboard, and not Salesforce, is responsible for addressing any claims of the End-User or any third party relating to the Licensed Application or the End-User’s possession and/or use of that Licensed Application, including, but not limited to:
- product liability claims;
- any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and
- claims arising under consumer protection, privacy, or similar legislation.
7. LEGAL COMPLIANCE
You represent and warrant that You are not located, organised or ordinarily resident in a country or territory that is subject to a US Government embargo, or that has been designated by the US Government as a 'terrorist supporting' country; and that You are not listed on any US Government list of prohibited or restricted parties.
8. CONTACT INFORMATION
For general inquiries, complaints, questions or claims concerning the Licensed Application, please contact: support@oboard.io
9. APPLICABLE LAW
This Licence Agreement is governed by the laws of the United Kingdom excluding its conflicts of law rules.
10. MISCELLANEOUS
10.1 If any of the terms of this Licence Agreement should be or become invalid, the validity of the remaining provisions shall not be affected. Invalid terms will be replaced by valid ones formulated in a way that will achieve the primary purpose.
10.2 By purchasing a product from Oboard, You grant us the right to include Your Company as a customer in promotional material, including Your Company's logo. You can deny this right at any time by submitting a written request via email to support@oboard.io, requesting to be excluded from any promotional material. Requests made after purchasing may take thirty (30) days to process.