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Limits and Acceptable Use Policy

Limits Policy

 

This Limits Policy applies to Customer’s and its Users’ access to and use of SoftwareX, LLC and its affiliates (collectively, “SoftwareX”) services and applications (“Services”) as specified below.

 

Definitions.

  • “Customer” means the individual or legal entity that executes or accepts an Order or registers for free trial access to and use of a Service.

  • “Capability” means any function or feature of a Service.

  • “Documentation” means documentation provided by SoftwareX on its websites that is uniformly available and applicable to all SoftwareX customers and relates to the operation and use of the Services, including user manuals, operating instructions, help articles, and release notes, each as updated by SoftwareX from time to time.

  • “Order” means an executed ordering document or online order issued or otherwise approved in writing by SoftwareX that sets forth the commercial details of the Services Customer is authorized to access and use.

  • “Unit” means a unit of access to or use of a Service authorized under an Order or as a free trial.

  • “User” means any individual permitted or invited by Customer or another User to access and use the Services.  

 

Limits on Access and Use.

  • Unit Usage:

  • Except as permitted in the agreement between Customer and SoftwareX incorporating this Limits Policy, Customer will access or use up to the number of Units authorized in the Order or free trial registration.

  • Capability Limitations:

  • Customer will access and use each Capability based on the type of plan purchased and within the limitations specified in such Capability’s applicable Documentation as of the date of the applicable Order.

 

Limit Violations.

SoftwareX will be responsible for assessing Customer’s and its Users’ access and use of the Services against the limits set forth above in the context of Customer’s plan and any additional information that SoftwareX may solicit from Customer.  In conjunction with such assessment, SoftwareX may provide Customer with written notice as to whether such access or use should be modified or discontinued to comply with such limits or is otherwise acceptable on certain conditions, which may include the purchase of additional capacity. SoftwareX’s refrain from or delay in sending such written notice will not be deemed as acceptance of any limits violation.

 

Notwithstanding the foregoing, in the event of a limits violation, SoftwareX may take any mitigating or remedial action it deems necessary, including but not limited to immediately suspending Users’ accounts or disabling any Capability, to prevent disruption of the Services or to protect the legal rights and safety of SoftwareX and its customers and users and the general public.  

 

Policy Modifications.

SoftwareX reserves the right to modify or update this Limits Policy from time to time, with such revisions applicable immediately unless otherwise stated in the agreement between Customer and SoftwareX incorporating this Limits Policy.

 

Last Updated: November 4, 2021


 

Acceptable Use Policy

 

This Acceptable Use Policy (“AUP”) governs use of SoftwareX, LLC and its affiliates (collectively, “SoftwareX”), websites (e.g., www.thesoftwarex.com), online services and applications, and any related downloadable software made available by SoftwareX for use therewith (collectively, the “Offerings”). “You” and “Your” mean the “Customer” individual or legal entity accessing and using the Offerings under an agreement with SoftwareX, and any users granted such access and use rights by Customer. Terms not otherwise defined in this AUP will have the meaning set forth in the User Agreement or the agreement between You and SoftwareX governing Your use of the applicable Offering (“Agreement”).

 

You agree not to:

  • interfere or attempt to interfere in any manner with the functionality or proper working of the Offerings;

  • breach or otherwise bypass any security or authentication measures of the Offerings; 

  • transmit into or use with the Offerings any of the following: viruses, malware, malicious or destructive code, or any other routine, device, or other undisclosed feature (e.g., so-called time bomb, software lock, drop dead device, malicious logic, worm, Trojan horse, or trap, back door, or software routine) that either interferes with or otherwise harms or provides unauthorized access or causes unauthorized modifications to the Offerings;

  • distribute content that interferes with or otherwise harms or provides unauthorized access or causes unauthorized modifications to the operation of any SoftwareX or related third-party networks, servers, or other infrastructure;

  • use any robot, spider, data scraping or extraction tool, or similar mechanism in the Offerings; 

  • reverse engineer, decompile, disassemble, attempt to gain unauthorized access to, or attempt to discover the underlying source code or structure of, the Offerings, SoftwareX work product, or the technology and software used to provide them, and all intellectual property and proprietary rights therein; or

  • access, use, or otherwise exploit the Offerings for purposes of competing with or disparaging SoftwareX or the Offerings, including but not limited to benchmarking, monitoring availability, performance, or functionality, or conducting competitive analysis;

  • commercially sell, resell, license, sublicense, distribute, or frame the Offerings to a third party unless authorized by SoftwareX in writing; or

  • access, use, or test portions of the Offerings that SoftwareX has not authorized You to access, use, or test. 

 

You agree that You will not use the Offerings to:

  • act or encourage activities in violation of any applicable laws, rules, or regulations (including those related to unlawful gambling or piracy);

  • use, store, share, host, copy, distribute, display, publish, transmit, or send content or promote, support, or facilitate a cause or action that is or could be deemed offensive, inflammatory, hateful, defamatory, discriminatory, obscene, abusive, invasive of privacy, or harmful to others;

  • distribute unwanted, unsolicited, or harassing mass email, conduct phishing scams, or transmit unwanted promotional or commercial content, including spam;

  • access (including through any interfaces provided within the Offerings) any SoftwareX product or service, or other third-party service or website, in a manner that violates the terms for use of, or access to, such product, service, or website;

  • infringe or misappropriate any SoftwareX or related third-party copyright, trademark, or other intellectual property, proprietary right, license right, or legal content protection;

  • mislead or confuse others by alleging to be someone else or alleging to represent an organization You do not represent; or

  • violate the rights (including privacy or publicity) of others, or distribute personal or confidential information without securing the necessary rights, permissions, and consents.

 

Children 

By using the Products, You represent and warrant that You are at least eighteen years old.

The Children’s Online Privacy Protection Act of 1998 (COPPA) and other laws protect the privacy of minors. SoftwareX abides by applicable laws and guidelines regarding youth privacy. The Offerings are not intended for use by individuals under the age of eighteen. 

 

Location of Access

You are responsible for securing, using, and monitoring an internet connection, which may include a VPN, that is compliant with laws and regulations of the jurisdiction from which you access SoftwareX’s Offerings.

You are prohibited from using the Offerings (a) in a jurisdiction that is subject to a United States government embargo, or that is in Group E of Title 15, Part 740 Supplement 1 Country of the United States Code of Federal Regulations, (b) in a jurisdiction that has been designated by the United States government as a “terrorist supporting” country, (c) in a jurisdiction that is listed on any other United States government list of prohibited or restricted parties, or (d) in violation of any other embargo or export restriction; unless You have secured express written approval from the applicable governing authority.

 

Reported IP Abuse

To the extent You use the Offerings to publish or otherwise make available content, You must comply with any notices received under Title II of the Digital Millennium Copyright Act of 1998 (Section 512 of the U.S. Copyright Act) or similar statute in other countries (the “DMCA”). It is SoftwareX’s policy to respond to valid notices of claimed intellectual property infringement. If SoftwareX receives a notice alleging that material on any sheet, dashboard, report, or form made publicly available infringes or misappropriates another party’s intellectual property, SoftwareX may take any remedial action it deems necessary, as further outlined below.

If You encounter content that You believe violates this AUP, please report it to us using the Report Abuse link. SoftwareX may but is not obligated to investigate any violation of this AUP or misuse of the Offerings. 

 

Violation of this AUP

In addition to any other remedies that may be available, SoftwareX reserves the right, in its sole discretion, to take any remedial action it deems necessary, including immediately suspending or terminating Your account or unpublishing any sheet, dashboard, or report, to prevent disruption of the Offerings or to protect the rights and safety of individuals, customers, or SoftwareX.

If Customer has, or SoftwareX reasonably suspects based on documented evidence that Customer has, violated any law or regulation, SoftwareX may report such violations to the appropriate law enforcement officials, regulators, or other third parties. SoftwareX’s reporting may include disclosing relevant Customer information. SoftwareX also may cooperate with appropriate law enforcement agencies, regulators, or other third parties to help with the investigation and prosecution of illegal conduct by providing network and systems information related to alleged violations of this AUP.

 

Revision to this Policy

SoftwareX may revise this AUP from time to time to reflect changes to technologies, industry practices, regulatory requirements, or as we deem necessary. Any such revision will be effective immediately unless your Agreement states otherwise. 

 

 

Last Updated: December 14, 2022

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