Subject to the terms and conditions of this Agreement, Runaware hereby grants you a non-exclusive, non-transferable license to use the Runaware services online, also called TestDrive (the "TD") on any computer connected to the internet. TD is an online service provided to Runaware’s customers to showcase their software through internet browsers rather than using download/install methods. All voluntary information provided by the end user will be passed to the Individual Software Vendor (ISV) we provide service for.
Runaware reserves all rights not expressly granted herein. This Agreement is not a sale of the Software or services, any copies or portion thereof. You shall have no title in or ownership of the Software or services, or any copies or portion thereof. Runaware provides an evaluation service for the ISV. Both Runaware and the ISV reserve the right to offer upgrades to the Software, either for a fee or without cost, at their sole discretion. Any such upgrades may be subject to their individual End-User License Agreements, and may not be used, copied or distributed except by the terms of those Agreements, if applicable.
When the end user accesses Runaware services using industry standard Secure Socket Layer (SSL) technology, information is protected using both server authentication and data encryption, ensuring that end user data is safe, secure, and available only to registered Users (if end user registers as a user utilizing Runaware’s services). Our services are hosted in a secure server environment that uses firewalls and other advanced technology to prevent interference or access from outside intruders.
- Runaware collects and provides end user information to the ISV.
- Runaware may use information collected to provide additional information about the software, services, partners, promotions, events, etc.
- Runaware may use information collected to improve its services.
- Runaware may submit data and/or information regarding the end user usage of the software to the ISV.
Runaware offers a variety of applications and services that are collectively referred to as the “Service.” Runaware collects information from individuals who visit the Company’s Web sites (“Visitors”) and individuals who register to use the Services (“Customers”). Runaware provide services to Independent Software Vendors also defined as “ISV”.
When using Runaware’s Service, or registering to use the Services, Runaware may require end users to provide the Company with personal contact information, such as name, company name, address, phone number, and email address (“Required Contact Information”). The required information may vary from time to time depending on what the ISV instructs Runaware to collect.
As you navigate the Company’s Web sites, Runaware may also collect information through the use of commonly-used information-gathering tools, such as cookies and Web beacons (“Web Site Navigational Information”). Web Site Navigational Information includes standard information from Web browsers (such as browser type and browser language), Internet Protocol addresses (“IP”), and actions taken on the Company’s Web site (such as the Web pages viewed and the links clicked). There may be additional information collected which will be available by contacting Runaware and requesting such information.
Runaware may provide bulletin boards, blogs, or chat rooms on the Company’s Web sites. Any personal information submitted by an end user in such a forum may be read, collected, or used by others who visit these forums, and may result in unsolicited messages. Runaware is not responsible for the personal information chosen by an end user to submit.
Customers and Visitors may elect to use the Company’s referral program to inform friends about the Company’s Web sites. When using the referral program, the Company requests the friend’s name and email address. Runaware or the ISV will automatically send the friend a one-time email inviting him or her to visit the Company’s Web sites.
Runaware may share data about the users with the ISV’s so that these ISV’s can contact users, customers and visitors who have started the evaluation service provided by Runaware.
From time to time, Runaware may partner with other companies to jointly offer products or services. Runaware may share data to these partners in connection with promotions etc.
Runaware uses a third-party service provider to manage credit card processing. This service provider is not permitted to store, retain, or use Billing Information except for the sole purpose of credit card processing on the Company’s behalf.
Runaware reserves the right to use or disclose information provided if required by law or if the Company reasonably believes that use or disclosure is necessary to protect the Company’s rights and/or to comply with a judicial proceeding, court order, or legal process.
To facilitate Runaware’s global operations, the Company may transfer and access Data About users, customers and visitors from around the world, including the United States. This agreement shall apply even if Runaware transfers Data About users, Customers and Visitors to other countries.
The Software is protected by United States and international copyright laws. The names, marks, brands, logos, designs, trade dress and other designations Runaware display in connection with the Software evaluation are proprietary to Runaware or the software vendor.
You agree that you will not (a) sell, lease, or create derivative works of the Software or (b) use the Software for any illegal purpose.
YOU AGREE THAT THE SOFTWARE AND SERVICES ARE PROVIDED TO YOU “AS IS” AND WITHOUT ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT.
YOU AGREE TO INDEMNIFY RUNAWARE AND THE SOFTWARE VENDOR, AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES AND AGENTS, AND TO HOLD THEM HARMLESS AGAINST ANY CLAIMS, LOSSES OR DAMAGES ASSERTED BY ANY ENTITY, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT, PRODUCT LIABILITY OR OTHERWISE, INCLUDING COURT COSTS AND REASONABLE ATTORNEYS’ FEES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR ATTEMPTED USE OF, THE SOFTWARE OR SERVICE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, RUNAWARE OR THE SOFTWARE VENDOR SHALL NOT BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY TYPE ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE SOFTWARE OR SERVICE. RUNAWARE OR THE SOFTWARE VENDOR SHALL NOT BE LIABLE FOR ANY USE OF THE SOFTWARE OR SERVICE. YOU ACKNOWLEDGE THAT RUNAWARE AND THE SOFTWARE VENDOR HAVE AGREED TO MAKE THE SOFTWARE AND SERVICE AVAILABLE IN RELIANCE ON THE EXCLUSIONS AND LIMITATIONS OF LIABILITY AND DISCLAIMERS OF WARRANTY SET FORTH ABOVE AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES.
The Agreement shall be governed by the laws of the State of California, excluding the application of its conflict of law rules. Both parties hereby submit to the exclusive jurisdiction of the state and federal courts located in the State of California. If any part of any provision of this Agreement shall be invalid or unenforceable, such part shall be deemed to be restated to reflect, as nearly as possible, the original intentions of both of the parties in accordance with applicable law, and the remainder of the Agreement shall remain in full force and effect. This Agreement may only be modified in a writing signed by an officer of Runaware. Runaware’s failure to enforce or exercise any right or provision of this Agreement shall not constitute a waiver of such right or provision. This Agreement is the complete and exclusive statement of the agreement between you and Runaware and/or the Software vendor and supersedes any proposal or prior agreement, oral or written, and any other communications relating to the subject matter of this Agreement.
Runaware reserves the right to change this agreement.
Questions regarding this agreement should be directed to Runaware USA Inc., 1606 Main Street, Suite 203, Napa, CA 94558, USA.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND UNDERSTAND IT. YOU CONSENT TO BE BOUND BY THESE TERMS AND CONDITIONS.
