ReachForce, Inc. Hosted Software Terms and Conditions
Subscription Term. Customer may access and use such Hosted Software for an initial term (the "Subscription Term") beginning on this Software Service Order Effective Date and continuing for 30 days.
Hosted Software
(a)Use of Hosted Software. Subject to the terms and conditions of this Agreement, ReachForce grants Customer the nontransferable right to access and use such software as may be described above on this Software Service Order, solely on an application service provider basis (the “Hosted Software”) during the Subscription Term, as defined above.
(b)Prohibited Uses. Customer shall not, and shall not permit any third party to: (i) copy, republish or distribute the Hosted Software, (ii) make the Hosted Software available to any person other than authorized Named Users, (iii) license, rent, share, sell or otherwise commercially exploit the Hosted Software, except as permitted by ReachForce, (iv) modify or create derivative works based upon the Hosted Software, (v) decompile, disassemble, reverse engineer or otherwise attempt to derive the source code of the Hosted Software, or (vi) access the Hosted Software, or allow any third party to do so, in order to build a similar product or competitive product. Subject to the limited rights granted herein, ReachForce reserves all rights in the Hosted Software.
(c)Modification of Hosted Software. ReachForce reserves the right at any time and from time to time to modify, temporarily or permanently, the Hosted Software (or any part thereof). In the event that ReachForce modifies the Hosted Software in a manner which removes or disables a feature or functionality on which Customer materially relies and is actively using at such time, ReachForce, at Customer’s request, shall use commercially reasonable efforts to substantially restore such functionality to Customer. In the event that ReachForce is unable to substantially restore such functionality, Customer shall have the right to terminate the applicable Subscription Term and recover any fees pre-paid for the applicable Hosted Software to be provided after such termination date. Customer acknowledges that ReachForce reserves the right to discontinue offering the Hosted Software at the conclusion of the Customer’s then-current term of any Service Order under which th applicable Hosted Software is being provided. ReachForce shall not be liable to Customer or to any third party for any liabilities, claims or expenses arising from or relating to modification of the Hosted Software.
Named User. Named User means only those individuals designated and identified by Customer to ReachForce who are authorized to use the Hosted Software. The Named Users are the only individuals within Customer licensed to use ReachForce Hosted Software. Each such Named User shall be an employee or contractor of Customer and shall use the Hosted Software for the sole benefit of Customer. Customer shall inform ReachForce of the Named Users at the beginning of the Term and of any changes to the Named Users during the Term in writing 10 business days prior to the requested change.