AppSource End User License Agreement

AppSource End User License Agreement (EULA)

Last updated November 17, 2022

Infotech Consulting Group AppSource extensions are licensed to You (“End-User”) by Infotech, Inc., (doing business as Infotech Consulting Group), located and registered at 1062 Oak Forest Dr., Onalaska, Wisconsin 54650, United States (“Licensor”), for use only under the terms of this License Agreement.

By downloading the Licensed Applications from Microsoft’s software distribution platform (“AppSource”), and any update thereto (as permitted by this License Agreement), You indicate that You agree to be bound by all of the terms and conditions of this License Agreement, and that You accept this License Agreement. AppSource is referred to in this License Agreement as “Services”.

The parties of this License Agreement acknowledge that the Services are not a Party to this License Agreement and are not bound by any provisions or obligations with regard to the Licensed Applications, such as warranty, liability, maintenance and support thereof. Infotech Consulting Group, not the Services, is solely responsible for the Licensed Applications and the contents thereof.

This License Agreement may not provide for terms of usage for the Licensed Applications that are in conflict with the latest Microsoft Commercial Marketplace Terms of Use (“Terms of Use”). Infotech Consulting Group acknowledges that it had the opportunity to review the Terms of Use and this License Agreement is not conflicting with them.

Infotech Consulting Group AppSource Extensions when purchased or downloaded through the Services, is licensed to You for use only under the terms of this License Agreement. The Licensor reserves all rights not expressly granted to You.

TABLE OF CONTENTS

1. THE APPLICATIONS

2. SCOPE OF LICENSE

3. TECHNICAL REQUIREMENTS

4. MAINTENANCE AND SUPPORT

5. USE OF DATA

6. USER-GENERATED CONTRIBUTIONS

7. CONTRIBUTION LICENSE

8. LIABILITY

9. WARRANTY

10. PRODUCT CLAIMS

11. LEGAL COMPLIANCE

12. CONTACT INFORMATION

13. TERMINATION

14. INTELLECTUAL PROPERTY RIGHTS

15. APPLICABLE LAW

16. MISCELLANEOUS

1. THE APPLICATIONS

Infotech Consulting Group AppSource Extensions (“Licensed Applications”) are pieces of software created to enhance the Microsoft 365 Business Central product in various ways.

The Licensed Applications are 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 these Licensed Applications. You may not use the Licensed Applications in a way that would violate the Gramm-Leach-Bliley Act (GLBA).

2. SCOPE OF LICENSE

2.1  You are given a non-transferable, non-exclusive, non-sublicensable license to install and use the Licensed Applications on any Devices that You (End-User) own or control and as permitted by the Terms of Use.

2.2  This license will also govern any updates of the Licensed Applications provided by Licensor that replace, repair, and/or supplement the original Licensed Applications, unless a separate license is provided for such updates, in which case the terms of that new license will govern.

2.3  You may not share or make the Licensed Applications available to third parties (unless to the degree allowed by the Terms of Use, and with Infotech Consulting Group’s prior written consent), sell, rent, lend, lease or otherwise redistribute the Licensed Applications.

2.4  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 Applications, or any part thereof (except with Infotech Consulting Group’s prior written consent).

2.5  You may not copy (excluding when expressly authorized by this license and the Terms of Use) or alter the Licensed Applications or portions thereof. You may not remove any intellectual property notices. You acknowledge that no unauthorized third parties may gain access to these copies at any time.

2.6  Violations of the obligations mentioned above, as well as the attempt of such infringement, may be subject to prosecution and damages.

2.7  Licensor reserves the right to modify the terms and conditions of licensing.

2.8  Nothing in this license should be interpreted to restrict third-party terms. When using the Licensed Applications, You must ensure that You comply with applicable third-party terms and conditions.

3. TECHNICAL REQUIREMENTS

3.1  Licensor attempts to keep the Licensed Applications updated so that it complies with modified/new versions of the firmware and new hardware. You are not granted rights to claim such an update.

3.2  You acknowledge that it is Your responsibility to confirm and determine that the app end-user device on which You intend to use the Licensed Applications satisfies the technical specifications mentioned above.

3.3  Licensor reserves the right to modify the technical specifications as it sees appropriate at any time.

4. MAINTENANCE AND SUPPORT

4.1  The Licensor is solely responsible for providing any maintenance and support services for these Licensed Applications. You can reach the Licensor at the email address listed in the AppSource Overview for these Licensed Applications.

4.2  Infotech Consulting Group and the End-User acknowledge that the Services have no obligation whatsoever to furnish any maintenance and support services with respect to the Licensed Applications.

5. USE OF DATA

You acknowledge that Licensor will be able to access and adjust Your downloaded Licensed Applications content and Your personal information, and that Licensor’s use of such material and information is subject to Your legal agreements with Licensor and Licensor’s privacy policy: https://www.infotech-inc.com/privacy.

You acknowledge that the Licensor may periodically collect and use technical data and related information about your device, system, and application software, and peripherals, offer product support, facilitate the software updates, and for purposes of providing other services to you (if any) related to the Licensed Applications. Licensor may also use this information to improve its products or to provide services or technologies to you, as long as it is in a form that does not personally identify you.

6. USER-GENERATED CONTRIBUTIONS

The Licensed Applications do not offer users to submit or post content. We may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or in the Licensed Applications, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “Contributions”). Contributions may be viewable by other users of the Licensed Applications and through third-party websites or applications. As such, any Contributions you transmit may be treated in accordance with the Licensed Applications Privacy Policy. When you create or make available any Contributions, you thereby represent and warrant that:

  1. The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
  2. You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Licensed Applications, and other users of the Licensed Applications to use your Contributions in any manner contemplated by the Licensed Applications and this License Agreement.
  3. You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness or each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Licensed Applications and this License Agreement.
  4. Your Contributions are not false, inaccurate, or misleading.
  5. Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
  6. Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
  7. Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
  8. Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
  9. Your Contributions do not violate any applicable law, regulation, or rule.
  10. Your Contributions do not violate the privacy or publicity rights of any third party.
  11. Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
  12. Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
  13. Your Contributions do not otherwise violate, or link to material that violates, any provision of this License Agreement, or any applicable law or regulation.

Any use of the Licensed Applications in violation of the foregoing violates this License Agreement and may result in, among other things, termination or suspension of your rights to use the Licensed Applications.

7. CONTRIBUTION LICENSE

You agree that we may access, store, process, and use any information and personal data that you provide following the terms of the Privacy Policy and your choices (including settings).

By submitting suggestions of other feedback regarding the Licensed Applications, you agree that we can use and share such feedback for any purpose without compensation to you.

We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area in the Licensed Applications. You are solely responsible for your Contributions to the Licensed Applications and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.

8. LIABILITY

8.1  Licensor’s responsibility in the case of violation of obligations and tort shall be limited to intent and gross negligence. Only in case of a breach of essential contractual duties (cardinal obligations), Licensor shall also be liable in case of slight negligence. In any case, liability shall be limited to the foreseeable, contractually typical damages. The limitation mentioned above does not apply to injuries to life, limb, or health.

8.2  Licensor takes no accountability or responsibility for any damages caused due to a breach of duties according to Section 2 of this License Agreement. You are aware that in case of alterations or manipulations of the Licensed Applications, You will not have access to the Licensed Applications.

9. WARRANTY

9.1  Licensor warrants that the Licensed Applications are free of spyware, trojan horses, viruses, or any other malware at the time of Your download. Licensor warrants that the Licensed Applications works as described in the user documentation.

9.2  No warranty is provided for the Licensed Applications that have been unauthorizedly modified, handled inappropriately or culpably, combined or installed with inappropriate hardware or software, regardless if by Yourself or by third parties, or if there are any other reasons outside of Infotech Consulting Group’s sphere of influence that affect the executability of the Licensed Applications.

9.3  In the event of any failure of the Licensed Applications to conform to any applicable warranty, You may notify the Services Store Operator within 72 hours of purchase, and Your Licensed Applications purchase price will be refunded to You, according to the Refund policies for Microsoft AppSource and Azure Marketplace. To the maximum extent permitted by applicable law, the Services Store Operator will have no other warranty obligation whatsoever with respect to the Licensed Applications, and any other losses, claims, damages, liabilities, expenses, and costs attributable to any negligence to adhere to any warranty.

9.4  If the user is an entrepreneur, any claim based on faults expires after a statutory period of limitation amounting to twelve (12) months after the Licensed Applications was made available to the user. The statutory periods of limitation given by law apply for users who are consumers.

10. PRODUCT CLAIMS

Infotech Consulting Group and the End-User acknowledge that Infotech Consulting Group, and not the Services, is responsible for addressing any claims of the End-User or any third party relating to the Licensed Applications or the End-User’s possession and/or use of that Licensed Applications, including, but not limited to:

  1. product liability claims;
  2. any claim that the Licensed Applications fail to conform to any applicable legal or regulatory requirement; and
  3. claims arising under consumer protection, privacy, or similar legislation.

11. LEGAL COMPLIANCE

You represent and warrant that You are not located in a country 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.

12. CONTACT INFORMATION

For general inquiries, complaints, questions or claims concerning the Licensed Applications, please contact:

Infotech Consulting Group
1062 Oak Forest Dr.
Onalaska, WI 54650
United States
information@infotech-inc.com

13. TERMINATION

The license is valid until terminated by Infotech Consulting Group or by You. Your rights under this license will terminate automatically and without notice from Infotech Consulting Group if You fail to adhere to any term(s) of this license. Upon License termination, You shall stop all use of the Licensed Applications, and destroy all copies, full or partial, of the Licensed Applications.

14. INTELLECTUAL PROPERTY RIGHTS

Infotech Consulting Group and the End-User acknowledge that, in the event of any third-party claim that the Licensed Applications or the End-User’s possession and use of those Licensed Applications infringes on the third party’s intellectual property rights, Infotech Consulting Group, and not the Services, will be solely responsible for the investigation, defense, settlement, and discharge or any such intellectual property infringement claims.

15. APPLICABLE LAW

This License Agreement is governed by the laws of the State of Wisconsin excluding its conflicts of law rules.

16. MISCELLANEOUS

16.1  If any of the terms of this 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.

16.2  Collateral agreements, changes and amendments are only valid if laid down in writing. The preceding clause can only be waived in writing.

This EULA was created using Termly’s EULA Generator.