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Acceptable Use Policy (AUP)

Customer Acceptable Use Policy for HighVail Cloud Shop (HCS) 

Customer agrees not to copy, modify, port, adapt, translate, frame or mirror HCS or any related software, or to reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of such software. Customer shall not sublicense, assign or transfer HCS or any rights in HCS, or authorize or permit any portion of HCS to be accessed by another individual or entity other than employees and individual contractors (e.g., temporary employees) of Customer that have been authorized by Customer to access HCS. 

Customer is not permitted to (a) use HCS on behalf of third parties; (b) rent, lease, lend or grant other rights in HCS; or (c) use any component, library, database or other technology included with HCS other than solely in connection with Customer’s use of HCS.

Customer may download and make copies of the HCS documentation for Customer’s internal use, but no more than the amount reasonably necessary. Customer must retain on all such copies all copyright and other proprietary notices that appear on or in such documentation.

Customer shall use commercially reasonable efforts to prevent unauthorized access to or use of HCS through its systems or accounts, and shall promptly notify HighVail of any such unauthorized access or use of which it is aware.  Customer shall not use HCS in any unlawful manner or to facilitate any unlawful acts.

The HCS, all related software (“Software”), and any copies that Customer is authorized to make are the intellectual property. The structure, organization and code of the Software are the valuable trade secrets and confidential information. The Software is protected by copyright, including without limitation by United States Copyright Law, international treaty provisions and applicable laws in the country in which it is being used. Except as expressly stated herein, access to HCS does not grant to Customer any intellectual property rights in the Software.

Customer grants to HighVail's licensors a worldwide, non-exclusive, perpetual, irrevocable, fully paid, royalty-free, sublicensable license to use and incorporate into the HCS any suggestions, enhancement requests, recommendations or other feedback regarding features of functions of HCS provided by Customer relating to the HCS.

Customer shall submit a blanket purchase order (“Purchase Order”) which may include a limit identified by Customer. HighVail Systems Inc. (“HighVail”) may put in place a control mechanism to alert Customer prior to reaching the limit identified in Customer’s Purchase Order.  Customer agrees and acknowledges that it is responsible for and shall pay any fees and charges associated with exceeding the limit stated in Customer’s Purchase Order, including but not limited to all fees and overage charges.  Customer shall email the Purchase Order to insidesales@highvail.com.  

If Customer does not provide a Purchase Order as detailed above, it shall provide a credit card number and submit the HighVail Credit Card Authorization Form for payment of the Customer’s monthly usage of the Cloud Services. The Customer acknowledges and agrees that all fees and charges associated with the Customer’s monthly usage of the Cloud Service will be charged on a monthly basis to the credit card number provided in the HighVail Credit Card Authorization form.

Customer shall email the HighVail Credit Card Authorization Form to insidesales@highvail.com.  

Customer shall, if not already done so, fill out the HighVail Credit Application form.  The person signing the Credit Application Form acknowledges that he/she has read the HighVail Terms and Conditions, agrees to them, that the information filled out in the Credit Application is true and accurate, and that he/she has the Authority to open a Credit Account with HighVail.    

By clicking “accept” below you acknowledge and agree that you have read and understand HighVail’s Terms and Conditions for the Purchase of Products from HighVail Systems Inc. (“HighVail’s Terms and Conditions”) a copy of which is available on HighVail’s website HighVail Terms and Conditions

Signatures delivered by an online e-signature program or e-mail/pdf are valid and shall be deemed an original.

BY CLICKING “ACCEPT” BELOW, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, THAT YOU UNDERSTAND IT, AND THAT YOU AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.

 

 

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