IMPORTANT – READ CAREFULLY:
This is a legal agreement ("Agreement") between you ("You" or "CUSTOMER") and Sixth Force Solutions Pvt Ltd("Prolaborate") – "the Parties".
Prolaborate offers software for viewing, sharing, updating and collaborating on Sparx EA models (architecture, process, analysis, specification and software design models) to compnanies (Prolaborate Engine, Prolaborate Mailer, Prolaborate Notifier and Prolaborate Web application; collectively hereinafter the "APPLICATION") for temporary installation and use on the CUSTOMER'S own hardware. The terms and conditions of User Agreement (Subscription) (the "Agreement") regulate the use of the APPLICATION. By installing the APPLICATION you (hereinafter also "CUSTOMER") agree with the following terms of the Agreement.
The object of this Agreement is the temporary provisioning of the APPLICATION by Prolaborate to the CUSTOMER for the use of its functionalities and the grant of rights to use the APPLICATION as well as for the software maintenance and development of the APPLICATION in its current version ("MAINTENANCE OF THE APPLICATION") and the provision of User Support during the term of this Agreement in return for the payment of a fee. A perpetual license to use the APPLICATION beyond the term of the Agreement is explicitly not granted.
Should the CUSTOMER breach the provisions for reasons for which it is responsible, and should the CUSTOMER continue to breach or repeatedly breach the provisions for a period of 2 (two) weeks after written notice is sent to the CUSTOMER by Prolaborate and if the CUSTOMER is responsible for the same, Prolaborate may terminate the Agreement without any period of notice.
The CUSTOMER will allow Prolaborate, at Prolaborate's request, to verify the proper use of the APPLICATION, in particular to determine if the CUSTOMER uses the APPLICATION according to his purchased license volumes. For this purpose the CUSTOMER will provide access to Prolaborate to relevant documentation and records, as well as allow the examination of the hardware and software environment used. Prolaborate or a designated by a certified auditing firm under confidential obligation named by Prolaborate that is also acceptable for the CUSTOMER is allowed to examine any relevant records at the CUSTOMER'S offices during its regular business hours. Prolaborate will ensure that the CUSTOMER'S business is not disturbed by this action more than necessary. If the results of the examination exceeds the number of purchased licenses by more than 5% (five percent) or other use that was not agreed upon, the CUSTOMER shall bear the cost of the examination, otherwise Prolaborate is responsible for the audit costs.
Following the ending of the contractual relationship, the CUSTOMER is obliged to terminate the use of the APPLICATION and remove all installed copies of the APPLICATION and to destroy all backup copies of the APPLICATION if created.
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