End User License Agreement
App License Terms
H1
- App Publisher is the entity or individual that is providing this App for use by Subscriber. Subject to payment of any applicable fees, App Publisher grants to Subscriber and its affiliates a limited, worldwide, non-exclusive, non-transferable right during the term of these License Terms to use the App solely in connection with Subscriber’s internal business operations and in connection with Subscriber’s use of the Domo Service. App Publisher will provide Subscriber with technical support services for the App. The parties acknowledge and agree that Domo does not warrant or support this App.
- Subscriber will not, and will not permit or authorize its affiliates or third parties to: (a) rent, lease, or, except as explicitly set forth herein, otherwise permit third parties to use the App; (b) use the App to provide services to third parties (e.g., as a service bureau); (c) circumvent or disable any security or other technological features or measures of the App, or attempt to probe, scan or test the vulnerability of a network and or system or to breach security or authentication measures; (d) upload or provide for processing any information or materials that are illegal, defamatory, offensive, abusive, obscene, or that violate privacy or intellectual property rights; (e) use the App to harm, threaten or harass another person or organization; or (f) send, store or distribute any viruses, worms, Trojan horses, or other malware component harmful to a network or system. Subscriber will not copy, reproduce, modify, translate, enhance, decompile, disassemble, reverse engineer or create derivative works of the App.
- Subscriber information uploaded into the App ("Subscriber Data") is Subscriber’s confidential information. App Publisher agrees to take reasonable steps, at least substantially equivalent to the steps it takes to protect its own proprietary information, but not less than reasonable care, to prevent the unauthorized duplication or disclosure of Subscriber’s confidential information to third parties without Subscriber’s prior written consent. App Publisher may disclose Subscriber’s confidential information to Domo and its employees, agents and subcontractors.
- Subscriber hereby grants App Publisher a non-exclusive, worldwide, royalty-free license to use, copy, transmit, sub-license, index, store, aggregate and display Subscriber Data uploaded into the App solely as required to provide or perform the App and related technical support Services. App Publisher agrees to use such Subscriber Data solely as required to provide or perform the App and related technical support. Subscriber also grants App Publisher a royalty-free, worldwide, transferable, sublicensable, irrevocable, perpetual license to use or incorporate into the App any App usage data, suggestions, enhancement requests, recommendations or other feedback provided by App Publisher relating to the operation of such services.
- "Sensitive Personal Information" is given the meaning under relevant privacy or data protection laws relating to this term or any similar term (such as "sensitive personal data") used in the laws, including, without limitation, the Gramm-Leach-Bliley Act, Health Insurance Portability and Accountability Act of 1996 (including Protected Health Information), US Children’s Online Privacy Protection Act, and Family Educational Rights and Privacy Act. Examples of Sensitive Personal Information include, but are not limited to, personal financial information (including personal financial account information), sexual orientation, personal medical or health information, personal information of children under thirteen, personal education records, and social security, national identity, national insurance, and similar personal identifiers. Subscriber represents and warrants that it will not upload into the App, or otherwise provide for processing by the App, any Sensitive Personal Information. Each party will perform its respective rights and obligations under these License Terms in compliance with all applicable laws and regulations, including but not limited to U.S. and foreign export control laws and regulations.
- The parties agree that if Domo receives information that Subscriber’s use of this App may violate Domo’s Service Agreement, Privacy Policy, applicable law or third-party rights, Domo may so notify Subscriber and in such event Subscriber will promptly disable this App or modify the App use to resolve the potential violation. If Subscriber does not take required action in accordance with the above, Domo may disable the applicable Subscriber Data, Domo Service or this App until the potential violation is resolved.
- These License Terms are solely between App Publisher and Subscriber. The parties agree that Domo is not responsible for App Publisher’s acts or omissions under these License Terms.
