END USER LICENSE AGREEMENT

 

 

This copy of inSitu Sales and any of its submodules such as Sales, Marketing, Forms and Deliveries ("the Software Product") and accompanying documentation is licensed and not sold. This Software Product is protected by copyright laws and treaties, as well as laws and treaties related to other forms of intellectual property. inSitu MOBILE SOFTWARE LLC or its subsidiaries, affiliates, and suppliers (collectively "inSitu") own intellectual property rights in the Software Product. The Licensee's ("you" or "your") license to download, use, copy, or change the Software Product is subject to these rights and to all the terms and conditions of this End User License Agreement ("Agreement").

 

Acceptance

YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT BY SELECTING THE "ACCEPT" OPTION AND DOWNLOADING THE SOFTWARE PRODUCT OR BY INSTALLING, USING, OR COPYING THE SOFTWARE PRODUCT. YOU MUST AGREE TO ALL OF THE TERMS OF THIS AGREEMENT BEFORE YOU WILL BE ALLOWED TO DOWNLOAD THE SOFTWARE PRODUCT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, YOU MUST SELECT "DECLINE" AND YOU MUST NOT INSTALL, USE, OR COPY THE SOFTWARE PRODUCT.

 

License Grant

This Agreement entitles you to install, access and use the Software Product. This Agreement does not permit the use of multiple users on a single device in the mobile version of the Software Product. Multiple users are allowed to access the web version of the Software Product. For further information regarding the licensing of the Software Product, please contact:

 

Address:                        1 Broadway 14th, Cambridge, MA 02142

Phone Number:             +1 (866) 577-2270

E-mail Address:            info@insitusales.com

 

Restrictions on Transfer

Without first obtaining the express written consent of inSitu, you may not assign your rights and obligations under this Agreement, or redistribute, encumber, sell, rent, lease, sublicense, or otherwise transfer your rights to the Software Product.

 

Restrictions on Use

You may not use, copy, or install the Software Product on any smartphone with more than one user. If you hold multiple, validly licensed copies, you may not use, copy, or install the Software Product on any smartphone with more than the number of user permitted by license, or permit the use, copying, or installation by more users than the number permitted by license.

 

You may not decompile, "reverse-engineer", disassemble, or otherwise attempt to derive the source code for the Software Product.

   

Restrictions on Alteration

You may not modify the Software Product or create any derivative work of the Software Product or its accompanying documentation. Derivative works include but are not limited to translations. You may not alter any files or libraries in any portion of the Software Product. You may not reproduce the database portion.

 

Restrictions on Copying

You may not copy any part of the Software Product except to the extent that licensed use inherently demands the creation of a temporary copy stored in your smartphone memory and not permanently affixed on storage medium.

 

Limited Software Product Warranty

For an unlimited period from the date that you download the Software Product and paying the license monthly fee, as applicable, inSitu warrants that when properly installed and used under normal conditions, the Software Product will perform substantially as advertised. inSitu makes no warranties on specific behavior of the Software Product in a specific smartphone device or browser.

 

Disclaimer of Warranties and Limitation of Liability

UNLESS OTHERWISE EXPLICITLY AGREED TO IN WRITING BY inSitu, inSitu MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, IN FACT OR IN LAW, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OTHER THAN AS SET FORTH IN THIS AGREEMENT OR IN THE LIMITED WARRANTY DOCUMENTS PROVIDED WITH THE SOFTWARE PRODUCT.

 

inSitu makes no warranty that the Software Product will meet your requirements or operate under your specific conditions of use. inSitu makes no warranty that operation of the Software Product will be secure, error free, or free from interruption. YOU MUST DETERMINE WHETHER THE SOFTWARE PRODUCT SUFFICIENTLY MEETS YOUR REQUIREMENTS FOR SECURITY AND UNINTERRUPTABILITY. YOU BEAR SOLE RESPONSIBILITY AND ALL LIABILITY FOR ANY LOSS INCURRED DUE TO FAILURE OF THE SOFTWARE PRODUCT TO MEET YOUR REQUIREMENTS. inSitu WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE FOR THE LOSS OF DATA ON ANY COMPUTER, SMARTPHONE, OR INFORMATION STORAGE DEVICE.

 

UNDER NO CIRCUMSTANCES SHALL inSitu, ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY OTHER PARTY FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND (INCLUDING LOST REVENUES OR PROFITS OR LOSS OF BUSINESS) RESULTING FROM THIS AGREEMENT, OR FROM THE FURNISHING, PERFORMANCE, INSTALLATION, OR USE OF THE SOFTWARE PRODUCT, WHETHER DUE TO A BREACH OF CONTRACT, BREACH OF WARRANTY, OR THE NEGLIGENCE OF inSitu OR ANY OTHER PARTY, EVEN IF inSitu IS ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT THAT THE APPLICABLE JURISDICTION LIMITS inSitu'S ABILITY TO DISCLAIM ANY IMPLIED WARRANTIES, THIS DISCLAIMER SHALL BE EFFECTIVE TO THE MAXIMUM EXTENT PERMITTED.

 

Limitation of Remedies and Damages

Your remedy for a breach of this Agreement or of any warranty included in this Agreement is the correction or replacement of the Software Product. Selection of whether to correct or replace shall be solely at the discretion of inSitu. inSitu reserves the right to substitute a functionally equivalent copy of the Software Product as a replacement. If inSitu is unable to provide a replacement or substitute Software Product or corrections to the Software Product, your sole alternate remedy shall be a refund of the current monthly fee for the Software Product.

 

Any claim must be made within the applicable warranty period. All warranties cover only defects arising under normal use and do not include malfunctions or failure resulting from misuse, abuse, neglect, alteration, problems with electrical power, acts of nature, unusual temperatures or humidity, improper installation, or damage determined by inSitu to have been caused by you. All limited warranties on the Software Product are granted only to you and are non-transferable. You agree to indemnify and hold inSitu harmless from all claims, judgments, liabilities, expenses, or costs arising from your breach of this Agreement and/or acts or omissions.

 

Governing Law, Jurisdiction and Costs

This Agreement is governed by the laws of Massachusetts, without regard to Massachusetts's conflict or choice of law provisions.

 

Severability

If any provision of this Agreement shall be held to be invalid or unenforceable, the remainder of this Agreement shall remain in full force and effect. To the extent any express or implied restrictions are not permitted by applicable laws, these express or implied restrictions shall remain in force and effect to the maximum extent permitted by such applicable laws.

 

 

 

 

 

 

 

 

Privacy Policy

 

Protecting your private information is our priority. This Statement of Privacy applies to the www.insitusales.com and inSitu MOBILE SOFTWARE and governs data collection and usage. For the purposes of this Privacy Policy, unless otherwise noted, all references to inSitu MOBILE SOFTWARE include www.insitumobile.com, www.insitusales.com and inSitu. The inSitu website is a mobile app and online platform for field workers. By using the inSitu website and mobile apps, you consent to the data practices described in this statement.

 

Collection of your Personal Information

inSitu may collect personally identifiable information, such as your name. If you purchase inSitu's products and services, we collect billing and credit card information. This information is used to complete the purchase transaction. We may gather additional personal or non-personal information in the future.

 

Information about your computer/smartphone hardware and software may be automatically collected by inSitu. This information can include: your operating system, version, your IP address, browser type, domain names, access times and referring website addresses. This information is used for the operation of the service, to maintain quality of the service, and to provide general statistics regarding use of the inSitu website and mobile apps.

 

Please keep in mind that if you directly disclose personally identifiable information or personally sensitive data through inSitu's public message boards, this information may be collected and used by others.

 

inSitu encourages you to review the privacy statements of websites you choose to link to from inSitu so that you can understand how those websites collect, use and share your information. inSitu is not responsible for the privacy statements or other content on websites outside of the inSitu website or mobile apps.

 

Use of your Personal Information

inSitu collects and uses your personal information to operate its website(s) / mobile apps and deliver the services you have requested.

 

inSitu may also use your personally identifiable information to inform you of other products or services available from inSitu and its affiliates. inSitu may also contact you via surveys to conduct research about your opinion of current services or of potential new services that may be offered.

 

inSitu does not sell, rent or lease its customer lists to third parties.

 

inSitu may share data with trusted partners to help perform statistical analysis, send you email or postal mail, provide customer support, or arrange for deliveries. All such third parties are prohibited from using your personal information except to provide these services to inSitu, and they are required to maintain the confidentiality of your information.

 

inSitu may keep track of the websites and pages our users visit within inSitu, in order to determine what inSitu services are the most popular. This data is used to deliver customized content and advertising within inSitu to customers whose behavior indicates that they are interested in a particular subject area.

 

inSitu will disclose your personal information, without notice, only if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on inSitu or the site; (b) protect and defend the rights or property of inSitu; and, (c) act under exigent circumstances to protect the personal safety of users of inSitu, or the public.

 

Use of Cookies

The inSitu website may use "cookies" to help you personalize your online experience. A cookie is a text file that is placed on your hard disk by a web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you.

 

One of the primary purposes of cookies is to provide a convenience feature to save you time. The purpose of a cookie is to tell the Web server that you have returned to a specific page. For example, if you personalize inSitu pages, or register with inSitu site or services, a cookie helps inSitu to recall your specific information on subsequent visits. This simplifies the process of recording your personal information, such as billing addresses, shipping addresses, and so on. When you return to the same inSitu website, the information you previously provided can be retrieved, so you can easily use the inSitu features that you customized.

 

You have the ability to accept or decline cookies. Most Web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of the inSitu services or websites you visit.

 

Security of your Personal Information

 

 

inSitu secures your personal and company information from unauthorized access, use or disclosure. When personal or company information (such as a credit card number) is transmitted to other websites, it is protected through the use of encryption, such as the Secure Sockets Layer (SSL) protocol.

 

 

Children Under Thirteen

inSitu does not knowingly collect personally identifiable information from children under the age of thirteen. If you are under the age of thirteen, you must ask your parent or guardian for permission to use this website.

 

Disconnecting your inSitu Account from Third Party Websites

You will be able to connect your inSitu account to third party accounts. BY CONNECTING YOUR inSitu ACCOUNT TO YOUR THIRD PARTY ACCOUNT, YOU ACKNOWLEDGE AND AGREE THAT YOU ARE CONSENTING TO THE CONTINUOUS RELEASE OF INFORMATION ABOUT YOU TO OTHERS (IN ACCORDANCE WITH YOUR PRIVACY SETTINGS ON THOSE THIRD PARTY SITES). IF YOU DO NOT WANT INFORMATION ABOUT YOU, INCLUDING PERSONALLY IDENTIFYING INFORMATION, TO BE SHARED INTHIS MANNER, DO NOT USE THE THIS FEATURE. You may disconnect your account from a third party account at any time. Users may learn how to disconnect their accounts from third-party websites by visiting their "Integration" page. Users may also contact us via email or telephone.

 

Opt-Out & Unsubscribe

We respect your privacy and give you an opportunity to opt-out of receiving announcements of certain information. Users may opt-out of receiving any or all communications from inSitu by contacting us here:

- Web page: www.insitusales.com

- Email: info@insitusales.com

- Phone: +1 (866) 577-2270

 

Changes to this Statement

inSitu will occasionally update this Statement of Privacy to reflect company and customer feedback. inSitu encourages you to periodically review this Statement to be informed of how inSitu is protecting your information.

 

Contact Information

inSitu welcomes your questions or comments regarding this Statement of Privacy. If you believe that inSitu has not adhered to this Statement, please contact inSitu at:

 

inSitu Mobile Software LLC

1 Broadway 14th fl

Cambridge, MA 02142

 

Email Address:

info@insitusales.com

 

Telephone number:

+1 (866) 577-2270

 

Effective as of January 1, 2014