AppSource End User License Agreement (EULA)
Last updated September 12, 2023
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.
The parties of this License Agreement acknowledge that AppSource is 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 AppSource, is solely responsible for the Licensed Applications and the contents thereof.
Infotech Consulting Group AppSource Extensions when purchased or downloaded through AppSource, 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
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
2.2 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.
2.4 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).
2.6 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 AppSource has no obligation whatsoever to furnish any maintenance and support services with respect to the Licensed Applications.
5. USE OF DATA
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 the opportunity to submit or post content. If at any time the user is able 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”), then the terms of this License Agreement shall govern those Contributions.
- 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.
- 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.
- 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.
- Your Contributions are not false, inaccurate, or misleading.
- Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
- Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
- Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
- 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.
- Your Contributions do not violate any applicable law, regulation, or rule.
- Your Contributions do not violate the privacy or publicity rights of any third party.
- Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
- Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
- 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
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. LIMITATION OF LIABILITY
8.1 TO THE EXTENT PERMITTED BY LAW, YOUR SOLE REMEDY IF THE LICENSOR BREACHES ANY DUTY ARISING FROM THIS LICENSE AGREEMENT SHALL BE RECOVERY OF DIRECT DAMAGES, CAPPED AT A MAXIMUM VALUE OF EITHER (1) $5,000, OR (2) THE AMOUNT OF ALL PAYMENTS YOU HAVE MADE TO LICENSOR FOR THIS APPLICATION LICENSE, WHICHEVER IS GREATER. YOU MAY NOT RECOVER ANY OTHER DAMAGES OR LOSSES, INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT, INCIDENTAL, OR PUNITIVE DAMAGES. These limitations apply regardless of the type or the amount of the alleged loss. In no event shall Licensor be liable to You for any loss of end-user data.
8.2 You agree to indemnify, hold harmless, and defend Licensor from any and all claims for damages made by third parties (including reasonable attorney fees and expenses), if these claims arise or result from your breach of any of Your obligations under this License Agreement, or arise or result from your use of the Licensed Applications in any way contrary to law.
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. TO THE EXTENT PERMITTED BY LAW, LICENSOR DISCLAIMS ALL OTHER WARRANTIES ON THE LICENSED APPLICATIONS, EXPRESSED OR IMPLIED.
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. You are aware that in case of alterations or manipulations of the Licensed Applications, You will not have access to 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 AppSource 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 AppSource 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 AppSource, 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:
- product liability claims;
- any claim that the Licensed Applications fail to conform to any applicable legal or regulatory requirement; and
- 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
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 AppSource, will be solely responsible for the investigation, defense, settlement, and discharge or any such intellectual property infringement claims.
15. APPLICABLE LAW AND FORUM
This License Agreement is governed by the laws of the State of Wisconsin excluding its conflicts of law rules. All legal disputes arising from or related to this License Agreement shall be brought exclusively in La Crosse County, Wisconsin or in the United States District Court of the Western District of Wisconsin.
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.