Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of this End-User License Agreement:

Agreement means this End-User License Agreement that forms the entire agreement between You and the Company regarding the use of the Application.

Software means software products that are licensed to Licensee under this Agreement, including, but not limited to, 360° View virtual appliance, any related components purchased or provided with the Software, Documentation, and any maintenance releases thereto. The term “Software” includes the Open Source Software described below except where the context or this Agreement indicates otherwise.

Software License Key means a valid license key issued to Licensee to activate and use the Software.

Open Source Software means various software components including open source software components that may be part of the Software

Application means the software program provided by the Company downloaded by You through an Application Store’s account to a Device, named 360° View

Application Store means the digital distribution service operated and developed by Apple Inc. (Apple App Store) or Google Inc. (Google Play Store) by which the Application has been downloaded to your Device.

Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to BDx Data Centre Pte Ltd., 65 Chulia Street, # 47-04, OCBC Center, Singapore (049513).

Content refers to content such as text, images, or other information that can be posted, uploaded, linked to or otherwise made available by You, regardless of the form of that content.

Country refers to: Singapore

Device means any device that can access the Application such as a computer, a cellphone or a digital tablet.

Client Data shall mean Client’s computing platforms and/or third party or private data center infrastructure providers’ assets, services and object data, accessed through Client’s or related parties’ account(s) in connection with its authorized use of the Software, including all data regarding Client’s users that is processed by the Software and any other data, information or material that Client provides or makes available to 360° View in the course of using the Software.

Third-Party Services means any services or content (including data, information, applications and other products services) provided by a third-party that may be displayed, included or made available by the Application.

You means the individual accessing or using the Application or the company, or other legal entity on behalf of which such individual is accessing or using the Application, as applicable.

Acknowledgment

By clicking the “I Agree” button, downloading or using the Application, You are agreeing to be bound by the terms and conditions of this Agreement. If You do not agree to the terms of this Agreement, do not click on the “I Agree” button, do not download or do not use the Application.

This Agreement is a legal document between You and the Company and it governs your use of the Application made available to You by the Company.

This Agreement is between You and the Company only and not with the Application Store. Therefore, the Company is solely responsible for the Application and its content. Although the Application Store is not a party to this Agreement, it has the right to enforce it against You as a third-party beneficiary relating to your use of the Application.

Since the Application can be accessed and used by other users via, for example, Family Sharing / Family Group or volume purchasing, the use of the Application by those users is expressly subject to this Agreement.

The Application is licensed, not sold, to You by the Company for use strictly in accordance with the terms of this Agreement.

License

Scope of License

The Company grants You a revocable, non-exclusive, non-transferable, limited license to download, install and use the Software and/or Application strictly in accordance with the terms of this Agreement.

You may only use the Application on a Device that You own or control and as permitted by the Application Store’s terms and conditions.

The license that is granted to You by the Company is solely for your official, non-commercial purposes strictly in accordance with the terms of this Agreement.

Grant of License

Upon payment of the fees applicable under this Agreement, 360° View hereby grants to Licensee a non-exclusive, non-transferable license to use the Software and Documentation, for internal purposes, for the period of time for which Licensee has paid the fees, subject to the following Licensing versions and terms:

Versions:

  • 1. Free Standard: Limited features, free for lifetime and limited to 20 nodes usages. This license is only available to use on 360° View SAAS platform
  • 2. Paid Premium: 360° View full features except for Add-on as described on the company website. License limited up to 1000 nodes and deployment model is available in both on 360° View SAAS platform and as a software on-premises
  • 3. Enterprise: 360° View full features with few Add-ons as described on the company website. License supports unlimited nodes and deployment model is available in both on cloud plus on-premises in truly hybrid infrastructure design.

Terms:

For each Software license key that Licensee purchases, Licensee may: (i) use the Software on any single Server; and (ii) copy the Software for back-up and archival purposes, provided any copy must contain all of the original Software’s proprietary notices.

The Software is “in use” on a Server when it is loaded into temporary memory or installed in permanent memory (Hard Drive, CD-ROM or other storage device). Licensee agrees to use Licensee’s best efforts to prevent and protect the contents of the Software and Documentation from unauthorized use or disclosure. Licensee agrees to only install a Software License Key obtained directly from 360° View.

Licensee is responsible for ensuring that all individuals who access the Software through Licensee are familiar with the terms of this Agreement and that such individuals use the Software in compliance with these terms.

License Restrictions

You or any third party that is not authorized, agree not to, and You will not permit others to:

  • License, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the Application or make the Application available to any third party.
  • Copy or use the Application for any purpose other than as permitted under the above section ‘License’.
  • Modify, make derivative works of, disassemble, decrypt, reverse compile or reverse engineer any part of the Application.
  • Remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of the Company or its affiliates, partners, suppliers or the licensors of the Application.
  • Failure by Licensee to operate the Software within the systems requirements provided for the Software or Licensee’s use of the Software in combination with other products not provided or expressly approved by 360° View
  • Licensee’s failure or refusal to implement maintenance releases.

Confidentiality.

Licensee will treat the Software as a trade secret and proprietary information belonging to 360° View that is being made available to Licensee in confidence. Licensee agrees to treat the Software with at least the same care as it treats its own highly confidential or proprietary information, but not less than reasonable care. 360° View will not use any information provided by Licensee that is marked confidential or that a reasonable person would presume is confidential for any purpose other than to provide the Software and Maintenance under this Agreement. Further, 360° View will restrict disclosure of such confidential information to employees or contractors of 360° View who have a need to know such information for purposes of this Agreement.

Support and Maintenance terms and conditions.

Maintenance Services. 360° View agrees to provide to Licensee, during the validity of the license and term of this Agreement, support and maintenance (collectively “Maintenance”) as follows:

Support: 360° View will provide email and online support to Licensee for current versions of the Software. Licensee agrees to provide adequate information to 360° View to assist in the
investigation and to confirm that any problems have been resolved. 360° View does not provide guaranteed response time but will make good faith effort to answer emails and online support tickets within forty-eight (48) hours or less during weekdays, excluding holidays.

Maintenance: 360° View will supply, at no additional charge, any improvements, upgrades, or modifications to the Software that 360° View makes generally available. Any such improvements, upgrades, or modifications shall become part of the Software for all purposes of this Agreement. Licensee acknowledges and agrees that the Maintenance to be provided by 360° View hereunder is limited to the most current version of the Software.

Exclusions. 360° View’s obligation to provide Support is contingent upon proper use of the Software and full compliance with this Agreement. Moreover, 360° View shall be under no obligation to provide Support should such services be required due to (a) failure to operate the Software within the systems requirements provided for the Software or use of the Software in combination with other products not provided or expressly approved by 360° View (b) any modification or attempted modification of the Software by Licensee or any third party that is not authorized, in writing, by 360° View (c) Licensee’s failure or refusal to implement maintenance releases(d) Software that is operated in violation of this Agreement or other than in accordance with the Documentation or 360° View’s written instructions, or (e) failures that are caused by other software or hardware products.

Termination.

360° View may terminate this Agreement, including the license hereunder, if Licensee fails to comply with any of its terms and does not cure the same, if curable, within 10 days after receiving written notice thereof. Without limiting the foregoing, Licensee’s license under this Agreement shall automatically terminate without further action required on the part of 360° View if Licensee uses the Software outside of the scope of its license or violates its confidentiality obligations. 360° View shall have the right to audit Licensee’s use of the Software during the term of this  agreement and for two (2) years following termination.

Content

Content Restrictions

The Company is not responsible for the entries, information or content of the Application’s users. You expressly understand and agree that You are solely responsible for the Content and for all activity that occurs under your account, whether done so by You or any third person using your account.

You may not transmit any Content that is unlawful, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, obscene or otherwise objectionable. Examples of such objectionable Content include, but are not limited to, the following:

  • Unlawful or promoting unlawful activity.
  • Defamatory, discriminatory, or mean-spirited content, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups.
  • Spam, machine generated content or randomly generated content, constituting unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling.
  • Containing or installing any viruses, worms, malware, trojan horses, or other content that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of a third person.
  • Infringing on any proprietary rights of any party, including patent, trademark, trade secret, copyright, right of publicity or other rights.
  • Impersonating any person or entity including the Company and its employees or representatives.
  • Violating the privacy of any third person.
  • False information and features.

The Company reserves the right, but not the obligation, to, in its sole discretion, determine whether or not any Content is appropriate and complies with this Agreement, refuse or remove any Content. The Company further reserves the right to make formatting and edits and change the manner of any Content. The Company can also limit or revoke the use of the Application if You post such objectionable Content.

As the Company cannot control all content posted by users and/or third parties on the Application, you agree to use the Application at your own risk. You understand that by using the Application You may be exposed to content that You may find offensive, indecent, incorrect or objectionable, and You agree that under no circumstances will the Company be liable in any way for any content, including any errors or omissions in any content, or any loss or damage of any kind incurred as a result of your use of any content.

Intellectual Property

The Application and Software, including without limitation all copyrights, patents, trademarks, trade secrets and other intellectual property rights are, and shall remain, the sole and exclusive property of the Company.

The Company shall not be obligated to indemnify or defend You with respect to any third party claim arising out of or relating to the Application. To the extent the Company is required to provide indemnification by applicable law, the Company, not the Application Store, shall be solely responsible for the investigation, defense, settlement and discharge of any claim that the Application or your use of it infringes any third party intellectual property rights.

Your Suggestions

Any feedback, comments, ideas, improvements or suggestions provided by You to the Company with respect to the Application shall remain the sole and exclusive property of the Company.

The Company shall be free to use, copy, modify, publish, or redistribute the Suggestions for any purpose and in any way without any credit or any compensation to You.

Modifications to the Application

The Company reserves the right to modify, suspend or discontinue, temporarily or permanently, the Application or any service to which it connects, with or without notice and without liability to You.

Updates to the Application

The Company may from time to time provide enhancements or improvements to the features/functionality of the Application, which may include patches, bug fixes, updates, upgrades and other modifications.

Updates may modify or delete certain features and/or functionalities of the Application. You agree that the Company has no obligation to (i) provide any Updates, or (ii) continue to provide or enable any particular features and/or functionalities of the Application to You. You also agree that allows the Company or third party to install additional software on your computer.

You further agree that all updates or any other modifications will be (i) deemed to constitute an integral part of the Application, and (ii) subject to the terms and conditions of this Agreement.

Maintenance and Support

The Company does not provide any maintenance or support for the download and use of the Application. To the extent that any maintenance or support is required by applicable law, the Company, not the Application Store, shall be obligated to furnish any such maintenance or support.

Third-Party Services

The Application may display, include or make available third-party content (including data, information, applications and other products services) or provide links to third-party websites or services.

You acknowledge and agree that the Company shall not be responsible for any Third-party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. The Company does not assume and shall not have any liability or responsibility to You or any other person or entity for any Third-party Services.

You must comply with applicable Third parties’ Terms of agreement when using the Application. Third-party Services and links thereto are provided solely as a convenience to You and You access and use them entirely at your own risk and subject to such third parties’ Terms and conditions.

Privacy Policy

The Company collects, stores, maintains, and shares information about You in accordance with Our Privacy Policy: https://managed360view.com/privacy-policy By accepting this Agreement, You acknowledge that You hereby agree and consent to the terms and conditions of Our Privacy Policy.

Term and Termination

This Agreement shall remain in effect until terminated by You or the Company. The Company may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice. This Agreement will terminate immediately, without prior notice from the Company, in the event that you fail to comply with any provision of this Agreement. You may also terminate this Agreement by deleting the Application and all copies thereof from your Device or from your computer.

Upon termination of this Agreement, You shall cease all use of the Application and delete all copies of the Application from your Device.

Termination of this Agreement will not limit any of the Company’s rights or remedies at law or in equity in case of breach by You (during the term of this Agreement) of any of your obligations under the present Agreement.

Indemnification

You agree to indemnify and hold the Company and its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (if any) harmless from any claim or demand, including reasonable attorneys’ fees, due to or arising out of your: (a) use of the Application; (b) violation of this Agreement or any law or regulation; or (c) violation of any right of a third party.

No Warranties

The Application is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Application, including all implied warranties of merchantability, fitness for a particular purpose, title and noninfringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Application will meet your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the company’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Application, or the information, content, and materials or products included thereon; (ii) that the Application will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Application; or (iv) that the Application, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law. To the extent any warranty exists under law that cannot be disclaimed, the Company, not the Application Store, shall be solely responsible for such warranty.

Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Agreement and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You for the Application or through the Application or 100 USD if You haven’t purchased anything through the Application.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, Application flaws, Application failure, or incompatibility with other programs on your computer, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Application, third-party software and/or third-party hardware used with the Application, or otherwise in connection with any provision of this Agreement), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to You.

You expressly understand and agree that the Application Store, its subsidiaries and affiliates, and its licensors shall not be liable to You under any theory of liability for any direct, indirect, incidental, special consequential or exemplary damages that may be incurred by You, including any loss of data, whether or not the Application Store or its representatives have been advised of or should have been aware of the possibility of any such losses arising.

Severability and Waiver

Severability

If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Agreement shall not effect a party’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.

Product Claims

The Company does not make any warranties concerning the Application. To the extent You have any claim arising from or relating to your use of the Application, the Company, not the Application Store, is responsible for addressing any such claims, which may include, but not limited to: (i) any product liability claims; (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (iii) any claim arising under consumer protection, or similar legislation.

United States Legal Compliance

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

Changes to this Agreement

The Company reserves the right, at its sole discretion, to modify or replace this Agreement at any time. If a revision is material we will provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at the sole discretion of the Company.

By continuing to access or use the Application after any revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, You are no longer authorized to use the Application.

Governing Law

The laws of the Country, excluding its conflicts of law rules, shall govern this Agreement and your use of the Application. Your use of the Application may also be subject to other local, state, national, or international laws.

Entire Agreement

The Agreement constitutes the entire agreement between You and the Company regarding your use of the Application and supersedes all prior and contemporaneous written or oral agreements between You and the Company.

You may be subject to additional terms and conditions that apply when You use or purchase other Company’s services, which the Company will provide to You at the time of such use or purchase.

Contact Us

If you have any questions about this Agreement, You can contact Us:
By email: support@managed360view.com
By visiting this page on our website: https://managed360view.com