Updated February 11, 2023
Thank you for licensing Blueforce software and/or services. Please read this SAAS Enduser License Agreement (“Agreement”) carefully and be sure you understand it. This Agreement is a legal agreement between you (either an individual or a single entity) and Blueforce Development Corporation, a Massachusetts corporation (“Blueforce”). You must review and accept the terms of this Agreement before installing or using the Software or SaaS Services (â€œLicensed Softwareâ€). By clicking the “I ACCEPT” button or installing or using the Licensed Software, you acknowledge that you have read all of the terms and conditions of this Agreement, understand them, and agree to be legally bound by them.
If the Software you are installing is beta or other pre-release Software, the terms of this Agreement will apply, regardless of whether you or the party sponsoring your use of Software has a separate agreement with Blueforce. Even if your use of the Licensed Software is sponsored by another party, the terms of our End User License Agreement (â€œEULAâ€), Blueforce Software Privacy Statement and our Acceptable Use Policy (collectively, the â€œPoliciesâ€), all of which are accessible on our web site at https://www.blueforcedev.com (and which are incorporated into this Agreement by this reference), apply to you. You are agreeing to the terms and conditions of these policies by installing or using the Licensed Software, and we encourage you to review such policies. By installing or using the Software you also are consenting to the Software’s establishment of peer-to-peer connections as described below in Section 9.
If you are installing trial, evaluation use, or beta Software, please note that special terms and conditions apply, as described below in Sections 4, 5 and 6.
If you use the Software on a Computer that you share with other End Users, and if another End User installs a new version of the Software and accepts a new version of this Agreement, you agree to be bound by the new version of the Agreement. Please refer to the Help menu in the Licensed Software for the most current version of this Agreement.
AS DESCRIBED BELOW IN SECTIONS 8 and 9, YOU ARE CONSENTING TO AUTOMATIC SOFTWARE UPDATE OF THE SOFTWARE AND PEER TO PEER CONNECTIVITY IN CONNECTION WITH OPERATION OF THE SOFTWARE. IF YOU DO NOT AGREE, YOU SHOULD NOT USE THE SOFTWARE.
The following capitalized terms used in this Agreement have the meanings indicated:
(a) “Account” means the information and items accessible by a single login to the Licensed Software, including, without limitation, a set of Blueforce contacts, files, and sensors.
(b) “Computer” means a personal computer, personal computing device, tablet and/or handheld mobile device but, excluding any third-party devices or sensors not sublicensed or otherwise provided to End User by Blueforce.
(c) “Delivery Date” means (i) in the case of Software that utilizes an activation key, the date on which Blueforce sends or otherwise makes available to you the activation key(s) for the Software or a method for creating them; (ii) in the case of Software that does not utilize an activation key, the date on which Blueforce sends you a CD, diskette, or a digital file containing the Software; and (iii) in the case of the SaaS Software, the date on which you are granted access to or first access such SaaS Software, whichever is earliest.
(d) “Documentation” means any online help text and/or manuals provided with the Licensed Software.
(e) “End User” means you and any human being whose use of the Licensed Software you sponsor.
(f) â€œLawâ€ means any law, declaration, decree, directive, legislative enactment, order (including any valid court order), ordinance, regulation, rule or other binding restriction or requirement of or by any governmental authority, as may be amended, changed or updated, including, without limitation, all applicable data privacy and security laws, rules and regulations.
(g) “Managed Services” means any server-based and/or cloud-based services provided by Blueforce to support use of Software.
(h) â€œPersonal informationâ€ means any (a) personally identifiable information that may be used to identify or locate a natural person including but not limited to: first and last name, physical address, telephone number, social security number, or email address; (b) â€œnonpublic personal informationâ€ as such term is defined by the Gramm-Leach-Bliley Act, 15 U.S.C. Â§ 6809 and 16 C.F.R. Â§ 313.3 including the term as modified or added by subsequent amendments enacted or regulations promulgated following your acceptance of this Agreement; or (c) any other data which has the capacity to be linked to a specific person.
(i) â€œSaaS Servicesâ€ means: (A) the subscription version of the Software provided by Blueforce and accessible online; (B) Documentation; and (C) any Updates and Upgrades integrated into the SaaS Services by Blueforce from time to time.
(j) “Server” means a computer server or virtual machine owned, leased or otherwise controlled by you or a third party on which a licensed copy of a Blueforce’ server-based software product is installed.
(k) “Services” means Managed Services, SaaS Services, software maintenance services, support services (including deployment support services), and any other services Blueforce may provide you in connection with your use of the Software.
(l) “Software” means the Blueforce software accompanying this Agreement, in object code form, together with anything that may form a part of it or subsequently be provided by Blueforce for use with such software, including, without limitation: (A) tools, adapters, plug-ins, “skins” and other software applications or components; (B) graphical, video or audio content; (C) Documentation; and (D) any Updates and Upgrades but, excluding any third-party software not sublicensed to End User by Blueforce. There may be certain differences in functionality between different versions of the Software created for use with different operation systems (i.e. Android versus iOS versus Linux). Such differences may be with respect to extensibility and core platform features.
(m) “Trademark Usage Policy” means the document accessible on the Web Site that sets forth certain terms and conditions related to use of Blueforce’ trademarks, as it may be amended by Blueforce from time to time.
(n) “Updates” means bug fixes, patches, or other revisions to or modifications of Licensed Software that Blueforce provides or makes available to you or any End User, including those it makes generally available to customers that subscribe to its software maintenance services. An Update typically is identified by a change in a number and/or letter to the right of the first decimal point in a product’s version number. Updates do not include Upgrades.
(o) “Upgrade” means a major release of Licensed Software, as determined by Blueforce in its sole discretion. An Upgrade typically is identified by a new product name or a new number to the left of the first decimal point in the version number of an existing product name.
(p) “Web Site” means Blueforce’s web site located at https://www.blueforcedev.com.
The Licensed Software is licensed, not sold. All Licensed Software (including any changes you may request or suggest) is the property of Blueforce and/or its licensors, and no ownership interest is granted to you under this Agreement. Title to each copy of the Licensed Software and all related intellectual property rights embodied in or represented by the Licensed Software will remain with Blueforce and/or its licensors at all times, as will all other rights not explicitly granted to you under this Agreement.
3. License Grant
Blueforce grants you a limited, nonexclusive, worldwide (unless otherwise specified in the accepted order), non-transferable (except as provided under Section 14(j)), non-sublicensable, limited license to, as applicable: (A) install and use the Software (solely in object code form) for the period of time specified in the applicable accepted order; and/or (B) use the Licensed Software for the period of time specified in the applicable accepted order, provided, in both cases, you comply with all the terms and conditions of this Agreement:
(a) Software. You may use the Software on one (1) Computer regularly and primarily used by you. If you have licensed multiple copies of the Software, then, for each copy of the Software you have licensed, you may permit one End User to install and use the Software on one (1) Computer regularly and primarily used by that End User. You and any End User you validly permit to use the Software may use it via its user interface, its application program interface, or its network protocol interface. You hereby accept responsibility for each End User’s use of the Software and Services and their compliance with the terms of this Agreement and the Policies. You also agree to notify each End User of this Agreement and the Policies and that they are bound by it. If the Licensed Software you are installing (or, in the case of the SaaS Services, using) is preview or trial Software, evaluation use Software, or beta Software, your rights are limited as described below in Section 4, 5 or 6. You may make one copy of the Software solely for backup or archival purposes.
(b) Managed Services. Your use of Managed Services is subject to the terms, conditions and limitations pertaining to the service level, if any, to which you have subscribed, as described in a separate agreement or a formal service offering description posted on the Web Site.
(c) SaaS Services. As a condition of your use of the SaaS Services, you will not, and you will ensure each End User does not, use the SaaS Services for any purpose that is unlawful or prohibited by this Agreement, or would cause a breach of any applicable agreements with third parties to which you, or any End User, are bound (such as, by way of example, your agreement with your wireless data services carrier). You may not use the SaaS Services in any manner that in our sole discretion could damage, disable, overburden, impair or interfere with any other partyâ€™s use of the SaaS Services. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the SaaS Services. In addition, you agree not to use false or misleading information in connection with your Account, and acknowledge that we reserve the right to disable any Account with a profile which we reasonably believe is false or misleading (including a profile that impersonates a third party). By using the SaaS Services, you represent and warrant that: (i) you, and each End User, are not located in any country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a â€œterrorist-supportingâ€ country; and (ii) you, and each End User, are not listed on any U.S. Government list of prohibited or restricted parties. Use of the SaaS Services requires usage of data services provided by your wireless service carrier. You acknowledge and agree that you are solely responsible for data usage fees and any other fees that your wireless service carrier may charge in connection with your use of the SaaS Services. Your use of the SaaS Services is subject to the terms, conditions and limitations pertaining to the service level, if any, to which you have subscribed, as described in a separate agreement or a formal service offering description posted on the Web Site.
(c) Third-Party Access to Licensed Software Functionality. You may permit any number of individual users to access the Licensed Software’s functionality directly or indirectly via its application program interface or networkÂ protocol interface, or in the case of the SaaS Services, via an internet browser, provided that each user who accesses the Software’s functionality in either manner must possess current and valid license rights to the Software. This right of access does not apply to trial or preview Software.
(d) U.S. Government End Users. The Software is a “commercial item” as defined at 48 C.F.R. 2.101, consisting of “commercial computer software” and “commercial computer software documentation.” Notwithstanding anything to the contrary in this Agreement, the U.S. Government sometimes makes certain minimum rights of use, reproduction, and disclosure a condition of its purchase or acquisition of commercial software. Accordingly:
(i) GSA Supply Schedule Acquisitions. For government purchases or acquisitions through a GSA Supply Schedule contract, use, reproduction, and disclosure of the Software are subject to restrictions set forth in paragraph 9 Utilization Limitations of GSA Schedule Contract No. 70 (Feb. 13, 2012) Attachment 27 “Terms and Conditions Applicable to Term Software Licenses (Special Item Number 132-32).” Note, however, that any modification or combination of the Software under those rights will entirely void the warranty per Section 10(a) of this Agreement.
(ii) FAR Acquisitions. For government purchases or acquisitions under the authority of Federal Acquisition Regulation (“FAR”) Part 12, the rights of use, reproduction, and disclosure are only as stated in Sections 3 and 7 of this Agreement.
(iii) DOD Acquisitions. For government purchases or acquisitions by the Department of Defense, the rights of use, reproduction, and disclosure are only as stated in Section 3 and 7 of this Agreement, per DFARS 227.7202-3(a).
(iv) RESTRICTED RIGHTS NOTICE (DEC 2007). For all other government purchases or acquisitions (that is, under authority other than a GSA Supply Schedule contract, FAR Part 12, or the DFARS), the Software is submitted with restricted rights under FAR 52.227-14 Alt. III. The Software may not be used, reproduced, or disclosed by the government except as provided in paragraph (b) of FAR 52.227-14 Alt. III or as otherwise expressly stated in Sections 3 and 7 of this Agreement. Note, however, that any modification, adaptation, or combination of the Software under those rights will entirely void the warranty per Section 10(a) of this Agreement.
4. Trial Software
If the Licensed Software is marked “preview” or “trial” (or a similar designation), then your rights are limited as described in this section. If you use the Licensed Software primarily for personal purposes (whether at home, at your office or elsewhere), you may use the Licensed Software (and any Services Blueforce chooses to provide you) in a manner consistent with the terms of this Agreement until termination of this Agreement in accordance with Section 12. If you use the Licensed Software primarily for commercial purposes (whether at home, at your office or elsewhere), or if you use the Licensed Software for personal or commercial purposes in conjunction with third party software or a third party service that utilizes the Licensed Software’s application program interfaces or network protocol interfaces (excluding any software or service that the third party makes generally available without charge and without receiving payment from another party for or in connection with the distribution or provision of the software or service), you may use the Licensed Software (and any Services Blueforce chooses to provide you) in a manner consistent with the terms of this Agreement until the earlier of 60 days from the Delivery Date, or termination of this Agreement in accordance with Section 12. In either case, in light of the fact that trial Licensed Software is provided to you free of charge, Blueforce disclaims the limited warranty set forth below in Section 10, and, in addition to any other disclaimers and limitation of liability in this Agreement, neither Blueforce nor any Released Party will be liable for direct damages related to trial Licensed Software, as explained more fully in Section 11(b). If you use trial (a) Software behind a firewall; or (b) Licensed Software as accessed from behind a firewall, your use will be deemed to be primarily for commercial purposes. Trial Licensed Software may contain a mechanism that will automatically disable use of the Licensed Software, alter its functionality, and/or notify you of term limits after a predetermined period of time.
5. Evaluation Software
If Blueforce provides you (or in the case of the SaaS Services, provides access to) Licensed Software for evaluation use, then your rights are limited as described in this section. You may use the Licensed Software (and any Services Blueforce chooses to provide you in connection with it) in a manner consistent with the terms of this Agreement solely for evaluation purposes for 90 days from the Delivery Date, or for such other period as may be indicated in writing by Blueforce at or after the time of delivery, in either case unless earlier terminated in accordance with Section 12. In light of the fact that evaluation Licensed Software is provided to you free of charge, Blueforce disclaims the limited warranty set forth below in Section 10, and, in addition to any other disclaimers and limitation of liability in this Agreement, neither Blueforce nor any Released Party will be liable for direct damages related to evaluation Licensed Software, as explained more fully in Section 11(b). Evaluation Licensed Software may include a “time-out” mechanism that will automatically downgrade the Licensed Software to trial-level Licensed Software or disable use of the Licensed Software and prevent access to Services at the end of the evaluation period.
6. Beta Software
(a) Use. If the Licensed Software is designated as pre-release or beta software, then you may use it (and any Services Blueforce chooses to provide you in connection with it) in a manner consistent with the terms of this Agreement solely to test the product internally, test the compatibility of your application or other product(s) that operate in conjunction with the Licensed Software, and to evaluate the Licensed Software for the purpose of providing Feedback regarding it to Blueforce. You may use the Licensed Software until the earlier of (i) 120 days from the Delivery Date, (ii) the date of the commercial release of the non-beta version of the Licensed Software, or (iii) 10 days after the date on which you or we send written notice to the other terminating your right to use the beta Licensed Software, which either of us may do at any time. Without limiting the breadth of the other restrictions in this Section: (y) you may not use the Licensed Software in a live operating environment where it may be relied upon to perform in the same manner as a commercially released product or with data that has not been sufficiently backed up; and (z) you may not use the Licensed Software for benchmark or performance testing.
(b) Acknowledgement and Additional Liability Limitation and Warranty Disclaimer. You acknowledge that all Licensed Software designated as pre-release or beta Licensed Software may contain bugs, may not operate properly or perform all intended functions, may interfere with the functioning of other software applications, and may cause errors, data loss or other problems. WE STRONGLY ADVISE YOU NOT TO INSTALL BETA SOFTWARE ON A COMPUTER ON WHICH YOU HAVE INSTALLED AN EARLIER VERSION OF THE SOFTWARE. YOU SHOULD NOT INSTALL BETA SOFTWARE ON THE SAME COMPUTER ON WHICH YOU HAVE INSTALLED AN EARLIER VERSION OF THE SOFTWARE, UNLESS YOU ARE CERTAIN YOU HAVE CONFIGURED YOUR COMPUTER SO THAT THE BETA SOFTWARE WILL NOT REPLACE THE EARLIER VERSION. In light of the fact that pre-release or beta Licensed Software is provided to you free of charge, Blueforce disclaims the limited warranty set forth below in Section 10 with respect to pre-release or beta Licensed Software, and, in addition to any other disclaimers and limitation of liability in this Agreement, neither Blueforce nor any Released Party will be liable for direct damages related to pre-release or beta Licensed Software, as explained more fully in Section 11(b).
(c) Feedback. You agree to provide to Blueforce reasonable suggestions, comments and feedback regarding beta Licensed Software, including but not limited to usability, bug reports and test results, with respect to Licensed Software testing (collectively, “Feedback”). You grant Blueforce, under all of your intellectual property and proprietary rights, the following worldwide, non-exclusive, perpetual, irrevocable, royalty free, transferable, fully paid up rights: (i) to make, use, copy, modify, and create derivative works of, the Feedback as part of any Blueforce product, technology, service, specification or other documentation (collectively, “Blueforce Offerings”), (ii) to publicly perform or display, import, broadcast, transmit, distribute, license, offer to sell, and sell, rent, lease orÂ lend copies of the Feedback (and derivative works thereof) as part of any Blueforce Offering, (iii) solely with respect to your copyright and trade secret rights, to sublicense to third parties the foregoing rights, including the right to sublicense to further third parties, and (iv) to sublicense to third parties any claims of any patents owned or licensable by you that are necessarily infringed by a third party product, technology or service that uses, interfaces, interoperates or communicates with the Feedback or portion thereof incorporated into a Blueforce product, technology or service. Further, you warrant that your Feedback is not subject to license terms that will require, or claim to require, that any Blueforce Offering that incorporates any Feedback (or any intellectual property therein) be licensed to any third party. Blueforce provides no assurance that any specific errors or discrepancies in the Product will be corrected.
(d) Confidentiality. All beta Licensed Software, including its existence and features and related information, are proprietary and confidential information to Blueforce. You agree not to disclose or provide beta Licensed Software, its Documentation, or any related information (including the Licensed Software features or the results of use or testing) to any third party, for a period of two years following the Delivery Date of the Licensed Software or until its commercial release, whichever occurs first; provided that, thereafter, you agree not to disclose or provide to any third party any information regarding the Licensed Software that has not been made public by Blueforce as of its commercial release. These restrictions will not apply to any information that (a) is publicly known at the time of its disclosure; (b) is lawfully received from a third party not obligated to maintain it in confidence; (c) is published or otherwise made known to the public by Blueforce; (d) you generated independently before you received it, as evidenced by your records; or (e) is required to be disclosed under any Law, provided you give Blueforce reasonable written notice prior to disclosure and comply with any applicable protective order or equivalent, and provided further, that such information may only be disclosed to the extent required to comply with the applicable Law.
(e) Support and Maintenance. Blueforce is not obligated to provide maintenance, technical support, or updates to you for beta Licensed Software, but any Updates or other supplemental Licensed Software provided to you in connection with beta Licensed Software will be subject to the terms and conditions of this Agreement. In no event will Blueforce be obligated to provide you, free of charge, a copy of the commercial release version of the Licensed Software in connection with your participation in any testing program. Blueforce is not obligated to make beta Licensed Software commercially available.
7. Restriction and Limitations
You agree to comply with the following restrictions and limitations, and you agree not to permit others (including any End User whose use of the Licensed Software you sponsor) to violate them:
(a) Copying, Distribution and Use. You may not copy the Licensed Software, except in connection with installation of the Software as provided above in Section 3(a) and to make one copy of the Software solely for backup or archival purposes. You may not sell, rent, lease, sublicense or redistribute Licensed Software or its activation key(s), or use or permit others to install or directly or indirectly access or use the Licensed Software, its functionality, or its activation key(s), use the Licensed Software to provide a service bureau, use the Licensed Software to provide Services to third-parties, except as provided in this Agreement or as agreed to in writing by Blueforce, or use (l) use the Licensed Software in violation of any applicable Law or to support any illegal activity.
(b) Proprietary Notices. You may not alter or remove any copyright, trademark, patent, or other protective notices contained in or on Software, except that Customer may alter or remove Blueforce’ trademarks and other branding elements from the user interface of the Software to the limited extent that may be permitted under the Trademark Usage Policy, as it may be amended from time to time.
(c) Reverse Engineering, Decompilation, and Disassembly. You may not reverse engineer, decompile, or disassemble the Licensed Software or otherwise attempt to derive its source code, except and only to the extent that any of these activities is permitted by applicable Law despite this restriction. To the extent that the right to decompile, disassemble, or reverse engineer the Software is permitted by applicable Law, you agree not to do so if Blueforce makes available to you a separate software module that allows you to achieve interoperability of an independently created computer program for use with the Software. You agree that, prior to attempting to achieve such interoperability, you will obtain written notification from Blueforce that it is unwilling to make such a software module available within a reasonable period of time.
(d) Modifications and Derivative Works. You may not modify or create derivative works of the Licensed Software, but computer code written to current application programming interfaces for the Licensed Software that are published by Blueforce or otherwise disclosed by Blueforce to you or a third party and which are not marked “preview,” “trial,” “beta,” or some similar designation will not be considered modifications or derivative works for purposes of this restriction.
(e) Interference with Certain Features. You may not modify, disable, circumvent, deactivate or otherwise interfere with features of the Licensed Software that enforce license restrictions or limits or report technical or statistical information regarding the Licensed Software or its use to Blueforce.
(f) Use of Prior Versions. You may not continue to use prior versions of any Software after installing an Upgrade of the Software or any Update that wholly replaces the Software. You must ensure that your version of the Software is not more than two versions earlier than the most recent commercially available version of the Software.
(g) Acceptable Use. You may not use the Licensed Software for a purpose or in a manner not permitted by the terms of Blueforce’ Acceptable Use Policy (as it may be amended from time to time), including, without limitation, infringement of intellectual property rights. Blueforce’ Acceptable Use Policy is accessible on the Web Site.
(h) Activation Keys. Each Licensed Software activation key and Account is intended solely for your use (or use by another End User for whom you have acquired and paid for a license). You (and your licensed End Users) are solely responsible for maintaining the confidentiality and security of your activation key(s) and Account(s). You are solely responsible and liable for any and all use of your activation key(s) and Account(s) and for activities that occur on or through your activation key(s) or Account(s). You agree to notify us immediately about any unauthorized access to or use of any of your activation key(s) or Account(s). The Licensed Software contains technological measures designed to prevent its unlicensed or illegal use. You agree that we may use those measures.
(i) Use of Third Party Software. You may not use third party software applications specifically developed for use with the Software with any edition of the Software other than a licensed paid version.
(j) Development Use. If you are a developer creating products or services for use with the Software, you may use the Software in accordance with the terms of this Agreement for development purposes, but you must acquire a licensed copy of the Developer Edition of the Software within 60 days after you first acquire any lesser edition of the Software. In other words, you can conduct your development work using a lesser edition of the Software for 60 days, after which you must acquire a licensed copy of a licensed paid version of the Software to support your work.
(k) Connectivity. Some functions of the Licensed Software and Services require a data connection between your Computer and our servers. You must provide this connection, at your sole expense and responsibility, and suchÂ connection must meet the minimum system and bandwidth requirements set forth in the Documentation and on the Web Site from time to time. We are not responsible for the availability of this connection or liable for any consequences that may result from the unavailability or quality of such connection.
(l) External Sensors, Plug-ins, Systems and Devices. Some functions of the Licensed Software and Service rely on third-party sensors, plug-ins, systems and/or devices. We are not responsible and shall have no liability for the availability, performance or content of these sensors, plug-ins, systems and/or devices or liable for any consequences that may result from the unavailability or quality of such sensors, plug-ins, systems and/or devices or your interaction with them. You are responsible for ensuring all such third-party sensors, plug-ins, systems and/or devices comply with all applicable Laws.
(m) Global Positioning System (GPS). Some functions of the Licensed Software and Service may rely on the GPS functionality built into your mobile device. You will need to consent and agree to allow the Licensed Software to utilize such GPS functionality in order for such GPS functionality to operate. You may be able to turn off location services by going to your device settings, however note that this may affect the functionality of certain features of the Licensed Software. Also, you acknowledge that GPS functionality may not be accurate or up to date due to your position (for example, if you are in a building) or other factors outside of Blueforceâ€™s control. You agree that Blueforce has no control or liability with respect to reported GPS locations, and acknowledge that the Licensed Software will function according to your reported position from your deviceâ€™s GPS functionality, whether accurate or not.
(n) Collected Data. In connection with your use of the Licensed Software and Service, the Licensed Software and/or Service may collect certain information about you, such as biotelemetry information and certain information you input into the Licensed Software and/or Service. You can read more about our practices with respect to such information in our Privacy Statement. We do not require you to transmit to us your Personal Information, but certain data fields (such as your global user id) will accept your data input and you may choose to include Personal Information in such fields (such as your full name). When combined with the other information that we collect, all such information becomes Personal Information. We recommend that you do not transmit your Personal Information to us in the foregoing manner, and we shall have no liability in connection therewith, except to the extent such liability arises from or relates to our gross negligence or willful misconduct.
8. Maintenance and Support for Perpetual Software
Technical support for the Licensed Software may be found in the Help menu within the Licensed Software and on the Web Site. Unless you subscribe to an enhanced maintenance and/or support offering, you are not entitled to receive additional maintenance or support for the Licensed Software (though any Updates or Upgrades Blueforce may provide you will be covered by this Agreement, unless Blueforce requires you to accept a new agreement at the time they are provided). If you subscribe to a Blueforce maintenance and/or support offering, Blueforce will provide you with maintenance and/or support services corresponding to the service level(s) to which you have subscribed, as set forth in the Maintenance and Support Terms and Conditions accessible on the Web Site (at https://www.blueforcedev.com) or the terms of any separate agreement you may enter into with Blueforce related to such services. Whether or not you subscribe to a maintenance and/or support offering, Blueforce reserves the right to provide you with Updates or supplements to the Software via automatic download when we consider it necessary to do so to ensure that the Software functions properly. You may from time to time provide Blueforce technical information in connection with support services it provides you (â€œTechnical Feedbackâ€). You hereby grant Blueforce a perpetual, fully paid-up, non-exclusive, transferable and sublicensable right to use such Technical Feedback for its business purposes, including product and service development, subject to the terms of our Blueforce Software Privacy Statement, which is accessible on the Web Site.
9. Consent to Establishment of Peer-To-Peer Connections
The Software is designed to enable “peer-to-peer” connections among End Users and computers for purposes of direct communication, data exchange and interaction among people and machines, with minimum involvement of central computer servers. The Software makes certain information about your Blueforce account and Computer known to other End Users and computers with which you interact, as described in greater detail in our Blueforce Software Privacy Statement, which is accessible on the Web Site. Peer-to-peer data exchange may occur whenever the Software is running on your Computer, whether or not you are active in the user interface (“UI”) or even actively using the Software. You acknowledge and consent to the fact that the Software creates such peer-to-peer connections, and you agree that Blueforce is not responsible for the conduct of any party (or their computers) who interacts with you or your Computer as a result of your installation or use of Software or Services.
10. Limited Warranties and Warranty Disclaimer
(a) Blueforce warrants that, for a period of 90 days after the Delivery Date, the Software (including any Upgrades for which Blueforce does not require you to accept the terms of a replacement agreement, but excluding Updates) will function substantially in accordance with its Documentation. As your exclusive remedy for Blueforceâ€™s breach of this warranty, Blueforce will, at its option, either replace or repair the defective Software or refund the license fee paid for it, as well as any associated fees pre-paid for maintenance, support and/or Managed Services for the twelve (12) month period following the Delivery Date of the defective Software; provided, however, that, with respect to a defective Upgrade that you received as part of a maintenance and support plan subscription, the total fees to be refunded to you will be the maintenance and support fee for the twelve (12) month period during which the Upgrade was delivered to you. Notwithstanding the foregoing, Blueforce will not be responsible for: (a) any breach of warranty not reported during the warranty period; (b) any malfunctioning of Software that you, an End User, or a third party has modified, misused, or damaged; (c) any malfunctioning of Software caused by hardware or network configuration or malfunctioning or by third party software or services; (d) your combination of the Software with other products or software, other than as authorized in writing by Blueforce; (e) placement of the Software in an operating environment contrary to the Documentation; (f) your intentional or negligent actions or omissions; (g) maintenance of the Software in a manner that is contrary to specific written instructions provided by Blueforce to you; or (h) any Software that has been resold or otherwise transferred to a third party by you. THIS WARRANTY DOES NOT APPLY TO SOFTWARE COVERED BY SECTION 4, 5 OR 6 OF THIS Agreement, AND MAY BE VOIDED AS DESCRIBED IN SECTION 3.
This warranty gives you specific legal rights. You may also have other legal rights that vary from state to state and country to country.
(b) If you have subscribed to a paid Managed Services or paid SaaS Services offering, Blueforce warrants that it will, subject to the terms of this Agreement, maintain the availability of such Hosted Service(s) at least 99.5% of the time each calendar month during the term of your subscription, exclusive of interruptions due to Force Majeure Events (as defined below) and scheduled maintenance periods. Scheduled maintenance periods consist of regular, monthly maintenance windows not to exceed two hours in the aggregate per month; and exceptional maintenance windows not to exceed two hours for any single window and four hours per calendar quarter in the aggregate, provided that Blueforce must give at least 7 days’ advance notice of each exceptional maintenance window via email. As your sole and exclusive right and remedy for any breach of this warranty, and provided you are in compliance with the terms of this Agreement, you will be entitled to receive a refund as described in this section. Any refund owed to you for unexcused downtime during a given calendar quarter and requested by you within twenty (20) days after the end of the calendar quarter for which a refund is payable will be paid by Blueforce within thirty (30) days after the end of that quarter (e.g., any refund owed as of March 31 will be paid by April 30), provided that Blueforce will not be required to make a refund if its amount would be less thanÂ US$125, unless you specifically request payment of the lesser refund amount within twenty (20) days after the end of the calendar quarter for which a refund is payable, and unpaid refunds will not carry over to subsequent quarters. The amount of the refund, if any, will equal the amount actually paid by you for the affected Hosted Service(s) during the quarter in question, multiplied by a fraction, the numerator of which will be 0.995 minus the actual percentage uptime for the quarter (less excused interruptions) and the denominator of which will be 0.995. You agree that Blueforce’ calculations of uptime and refund amounts will be conclusive. You acknowledge that, as Blueforce’ provision of Hosted Services is partially dependent on the services of third parties providing Internet connectivity, and, as the Internet is neither owned nor controlled by any particular party, Blueforce can make no guaranty that any given user will be able to access Hosted Services at any given time. “Force Majeure Event” means an event or circumstance beyond the reasonable control of Blueforce that prevents it from performing its obligations or which makes it commercially impracticable to do so, including, but not limited to, strikes, lockouts, and other labor disturbances; equipment failure; power or communication line failures; failure of third party service providers or suppliers to perform; policies or restrictions of governments (including restrictions on export, import or other licenses); severe weather conditions or natural disasters; or vandalism, civil disturbances, war, or terrorist acts. This warranty does not apply to Managed Services provided to you in connection with beta Software, Software provided for evaluation use, Software provided free of charge, or Software provided as a benefit of participation in a Blueforce sales or marketing program (e.g., the Blueforce Partner Program).
(c) EXCEPT FOR THE LIMITED WARRANTY SET FORTH IN SECTION 10(a), TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED SOFTWARE AND SERVICES ARE PROVIDED â€œAS ISâ€ AND BLUEFORCE AND ITS LICENSORS AND LICENSORS’ DISTRIBUTORS DISCLAIM ALL WARRANTIES WITH RESPECT TO ALL LICENSED SOFTWARE AND SERVICES AND ALL THIRD PARTY PRODUCTS OR SERVICES YOU OR END USERS MAY UTILIZE IN CONNECTION WITH LICENSED SOFTWARE OR SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NONINFRINGEMENT. IN PARTICULAR, BLUEFORCE DOES NOT REPRESENT THAT THE LICENSED SOFTWARE OR SERVICES ARE ERROR FREE, WILL OPERATE IN AN UNINTERRUPTED MANNER, ARE COMPLETELY SECURE, OR WILL INTEROPERATE WITH THIRD PARTY SOFTWARE OR SERVICES. UNLESS YOU HAVE SUBSCRIBED TO A MANAGED SERVICES OFFERING THAT GUARANTEES A PARTICULAR LEVEL OF SERVICE AND/OR A FIXED TERM OF SERVICE (AS EXPLICITLY SPECIFIED IN A SEPARATE AGREEMENT OR A FORMAL OFFERING DESCRIPTION POSTED ON THE WEB SITE, AND THEN ONLY TO THE EXTENT SO SPECIFIED), ALL MANAGED SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND ARE SUBJECT TO CHANGE OR TERMINATION AT ANY TIME AND FOR ANY REASON WITHOUT NOTICE. YOU acknowledge and agree that no security measure is 100% effective, and that your data (including, without limitation, PERSONAL INFORMATION YOU CHOOSE TO INPUT INTO THE LICENSED SOFTWARE AND/OR SERVICE) may be intercepted or acquired by hackers and other malicious third parties. We shall not be liable for the activities of such hackers and other malicious third parties. THE LICENSED SOFTWARE AND SERVICES ARE NOT DESIGNED OR MANUFACTURED FOR USE IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE, SUCH AS IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, DIRECT LIFE SUPPORT SYSTEMS, OR WEAPON OR COMBAT SYSTEMS, IN WHICH THEIR FAILURE COULD LEAD DIRECTLY TO PERSONAL INJURY, DEATH, OR PROPERTY OR ENVIRONMENTAL DAMAGE. WITHOUT LIMITATION TO THE ABOVE DISCLAIMERS, BLUEFORCE EXPRESSLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR SUCH USES.
(d) U.S. Government Customers and End Users. The Software is a “commercial item,” as that term is defined in 48 C.F.R. 2.101, consisting of “commercial computer software” and “commercial computer software documentation.” For government purchases or acquisitions through a GSA Supply Schedule contract, the government customer and end user accept the standard, commercial Blueforce warranty terms per paragraph 3.a of GSA Schedule Contract No. 70 (Feb. 13, 2012) Attachment 27 “Terms and Conditions Applicable to TermÂ Software Licenses (Special Item Number 132-32).” For government purchases or acquisitions under the authority of Federal Acquisition Regulation (“FAR”) Part 12, the government customer and End User accept the standard, commercial Blueforce warranty terms and all implied warranties, including the implied warranties set forth in 48 C.F.R. 52.212-4(o) are hereby disclaimed. For all government purchases or acquisitions that are not through a GSA Supply Schedule contract or FAR Part 12, the government customer and End User accept the standard, commercial Blueforce warranty per 48 C.F.R. 46.709 (prime contracts) or 52.244-6 (subcontracts).
11. Exclusions of Damages and Limitation of Liability
(a) TO THE MAXIMUM EXTENT PERMITTED BY LAW (INCLUDING ANY APPLICABLE CONSUMER PROTECTION LAW OF A FOREIGN JURISDICTION), NEITHER BLUEFORCE NOR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, CONTROLLED OR CONTROLLING ENTITIES, LICENSORS OR LICENSORS’ DISTRIBUTORS (EACH, A “RELEASED PARTY”), WILL HAVE ANY LIABILITY TO YOU OR ANY END USERS FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOSS OF USE, LOST PROFITS, BUSINESS OR REVENUE, LOSS OF GOODWILL OR OTHER ECONOMIC ADVANTAGE, OR LOSS OF PRIVACY) ARISING OUT OF OR RELATED TO THIS Agreement, THE LICENSED SOFTWARE OR THE SERVICES, EVEN IF BLUEFORCE OR A RELEASED PARTY HAS BEEN ADVISED OF, OR KNEW OR SHOULD HAVE KNOWN OF, THE POSSIBILITY OF SUCH DAMAGES.
(b) IN ADDITION TO THE DISCLAIMERS IN PARAGRAPH 11(a) ABOVE AND NOTWITHSTANDING ANYTHING ELSE TO THE CONTRARY SET FORTH IN THIS Agreement, IF YOUR CLAIMED DAMAGES ARISE FROM OR RELATE TO LICENSED SOFTWARE OR SERVICES COVERED BY SECTION 4, 5 OR 6 OF THIS Agreement, THEN, TO THE MAXIMUM EXTENT PERMITTED BY LAW (INCLUDING ANY APPLICABLE CONSUMER PROTECTION LAW OF A FOREIGN JURISDICTION), NEITHER BLUEFORCE NOR ANY RELEASED PARTY WILL HAVE ANY LIABILITY TO YOU OR ANY END USERS FOR DAMAGES OF ANY KIND ARISING OUT OF OR RELATED TO THIS Agreement, THE LICENSED SOFTWARE OR THE SERVICES, INCLUDING BUT NOT LIMITED TO DIRECT DAMAGES, EVEN IF BLUEFORCE OR A RELEASED PARTY HAS BEEN ADVISED OF, OR KNEW OR SHOULD HAVE KNOWN OF, THE POSSIBILITY OF SUCH DAMAGES.
(c) WITHOUT LIMITING THE SCOPE OR EFFECT OF SECTIONS 11(a) OR (b) ABOVE, IN NO EVENT WILL BLUEFORCE’ AND THE RELEASED PARTIES’ TOTAL LIABILITY WITH RESPECT TO ALL CLAIMS ARISING OUT OF OR RELATED TO THIS Agreement, THE LICENSED SOFTWARE OR THE SERVICES (INCLUDING CLAIMS OF NEGLIGENCE AND STRICT LIABILITY) EXCEED THE LOWER OF (i) THE AGGREGATE DIRECT DAMAGES ACTUALLY INCURRED BY YOU AND YOUR END USERS, OR (ii) US$5OO.
(d) SOME JURISDICTIONS LIMIT THE EXCLUSION OF DAMAGES OR LIMITATION OF LIABILITY, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IF ANY PART OF THE EXCLUSIONS OF DAMAGES OR LIMITATIONS OF LIABILITY SET FORTH IN THIS Agreement IS UNENFORCEABLE UNDER APPLICABLE LAW, BLUEFORCE’ AND THE RELEASED PARTIES’ AGGREGATE LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.
12. Term and Termination
The term of this Agreement will commence upon the Delivery Date and continue for the period specified in your accepted order, unless you and Blueforce enter into a new agreement that entirely replaces this Agreement or Blueforce terminates this Agreement as provided herein. Without prejudice to any other rights, Blueforce may terminate this Agreement immediately on notice to you if you fail to comply with its terms and conditions. If Blueforce terminates this Agreement, (i) you must immediately stop using the Licensed Software and destroy all copies of the Software and all of its component parts, and (ii) Blueforce will have no further obligation to provide any Services being provided to you or any End Users as of the termination date. The parties’ respective rights and obligations under Sections 2 (Ownership), 7 (Restrictions), 10 (Limited Warranty and Warranty Disclaimer), 11 (Exclusion of Damages and Limitation of Liability), Section 13 (Arbitration), and Section 14 (General Provisions) will survive the termination or expiration of this Agreement. The term of any Services offering to which you subscribe will be extended automatically (contingent on your payment for such Services) for successive periods of twelve (12) months (or, if greater than twelve (12) months, the duration of the initial subscription period), and on Blueforce’ standard terms and prices then in effect, unless either party gives notice of cancellation to the other at least sixty (60) days before the subscription expires.
(a) Agreement to Arbitrate. This Section 13 is referred to herein as the â€œArbitration Agreement.â€ The parties agree that any and all controversies, claims, or disputes between you and Blueforce arising out of, relating to, or resulting from this Agreement, shall be subject to binding arbitration pursuant to the terms and conditions of this Arbitration Agreement, and not any court action (other than a small claims court action to the extent the claim qualifies). The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.
(b) Class Action Waiver. THE PARTIES AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH PARTIES AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S).
(c) Procedures. Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association’s (“AAA”) rules and procedures (the “AAA Rules”), as modified by this Arbitration Agreement. If there is any inconsistency between the AAA Rules and this Arbitration Agreement, the terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of this Agreement as a court would, including without limitation, the limitation of liability provisions in Section 11. You may visit http://www.adr.org for information on the AAA and http://www.adr.org/fileacase for information on how to file a claim against Blueforce.
(d) Venue. The arbitration shall be held in the county in which you reside or at another mutually agreed location. If the value of the relief sought is $10,000 or less, you or Blueforce may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on each party, but subject to the arbitrator’s discretion to require an in-person hearing if the circumstances warrant. Attendance at any in-person hearing may be made by telephone by either or both parties unless the arbitrator requires otherwise.
(e) Governing Law. The arbitrator will decide the substance of all claims in accordance with the laws of the Commonwealth of Massachusetts, without regard to its conflicts of laws rules, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different Licensed Software or Service users, but is bound by rulings in prior arbitrations involving you to the extent required by applicable law.
(f) Costs of Arbitration. Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the AAA’s Rules. Each party will be responsible for all other fees it incurs in connection with the arbitration, including without limitation, all attorney fees.
(g) Confidentiality. All aspects of the arbitration proceeding, and any ruling, decision or award by the arbitrator, will be strictly confidential for the benefit of all parties.
(h) Severability. If a court decides that any term or provision of this Arbitration Agreement other than Section 13(b) is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified. If a court decides that any of the provisions of Section 13(b) is invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void. The remainder of this Agreement will continue to apply.
(i) Claims. YOU AND BLUEFORCE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS AGREEMENT, THE LICENSED SOFTWARE OR THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
14. General Provisions
(a) Export Restrictions. You agree to comply with all applicable Laws related to use of the Software and Services and your performance under this Agreement. In particular, you acknowledge that the Software is of United States origin, is subject to United States export Laws, and may not be exported or re-exported to certain countries (currently Cuba, Iran, Libya, North Korea, Sudan and Syria) or to persons or entities prohibited from receiving U.S. exports (including Denied Parties, Specially Designated Nationals, and entities on the Bureau of Export Administration Entity List or involved with missile technology or nuclear, chemical or biological weapons). The Software also may be subject to the export, import or other Laws of other countries. You represent that you are eligible to receive favorable treatment under current United States export control Laws, and that you will not use or transfer the Software in violation of any U.S. or foreign Laws, or permit others to do so.
(b) Data Protection. Each party undertakes to comply with its obligations under the relevant EU data protection and privacy legislation including (where applicable) the EC Data Protection Directive (95/46) and equivalent national legislation.
(c) Application Sharing. The Software may contain features that enable software applications to be shared among two or more computers. Use of third party software through any application sharing functionality in the Software may require the third party’s consent. Please consult the license agreement associated with the third-party software or contact the third party regarding permitted uses of its software. You are solely responsible for compliance with the terms of such license agreements and Blueforce shall have no liability in relation thereto.
(d) Waiver. No delay or omission by either party to exercise any right or power arising upon the other party’s nonperformance or breach will impair that right or power or be construed as a waiver of it. Any waiver must be in writing and signed by the waiving party. A waiver on one occasion will not be construed as a waiver of any subsequent event of nonperformance or breach.
(e) Severability. If any provision of this Agreement is declared to be unenforceable for any reason, the remainder of this Agreement will continue in full force and effect, and the unenforceable provision will be deemed modified to the extent necessary to comply with the applicable requirements of Law, while retaining to the maximum extent permitted by Law its intended effect, scope and economic effect.
(f) Governing Law. The interpretation and performance of this Agreement will be governed by the laws of the Commonwealth of Massachusetts, USA, applicable to contracts executed in and performed entirely within Massachusetts, but excluding any choice of law principles that would result in the application of the laws ofÂ another jurisdiction. The parties expressly agree that the United Nations Convention on Contracts for the International Sale of Goods will not apply to this Agreement.
(g) Venue. Subject to Section 13, any litigation arising under or related to this Agreement will be brought only in the United States District Court for the District of Massachusetts, or, if federal subject matter jurisdiction is lacking, then in the Massachusetts state trial court for the division and county in which Blueforce’s or its successor’s or assign’s principal office in Massachusetts is then located. You hereby submit to the personal jurisdiction of these courts and waive all objections to placing venue exclusively before them. The prevailing party in any litigation arising under or related to this Agreement, in addition to any other relief granted to it, will be entitled to recover from the losing party its reasonable attorneys’ fees and costs incurred in connection with the litigation. Notwithstanding the foregoing, Blueforce acknowledges that the Contract Disputes Act, its implementing regulations and its judicial interpretations may take precedence when the U.S. Government is the party accepting this Agreement, if required by law; whenever commercial item protections or other exceptions permit the commercially offered disputes resolution clause to apply, however, it applies in full force.
(h) Returns. If you are a consumer in a European Union member state, you may have the rights conferred by this section. In the European Union, you may be entitled to cancel your order for the Software and any associated Services within 14 working days from the date on which you downloaded the Software. You are not entitled to cancel your order for Software or Services if you accept this Agreement and install the Software. To cancel your order please discontinue the installation process and notify us of your decision in writing or by email within 14 working days of download at the postal or e-mail address indicated below. Blueforce will refund the amount you paid for the cancelled Software and Services within 30 days. If you request a refund, you will not be not be entitled to use the Software or obtain Services unless you place a new order and pay all charges that then apply.
Blueforce Development Corporation
Sales and Marketing Operations
P.O. Box 40
Newburyport, MA 01950 USA
(i) Payment and Taxes. You agree to pay all applicable fees and other charges for Software and Services you acquire. Unless prepaid, all fees and charges are payable in U.S. dollars and are due net thirty (30) days from the date of invoice. Blueforce may charge a late fee of 1.5% per month or the maximum rate allowable by law, whichever is greater (provided that in no event shall such late fee exceed the maximum rate allowable by law), on any balance remaining unpaid for more than thirty (30) days, except that interest on payments by U.S. government customers will be calculated according to the Prompt Payment Act and its implementing regulations. Prices are exclusive of all applicable taxes. You agree to pay all taxes (including but not limited to sales, use, excise, and value-added taxes), tariffs, duties, customs fees or similar charges imposed or levied on all Software and Services you acquire, with the exception of taxes on Blueforce’ net income.
(j) Software and Agreement Transfer. Except with respect to Software covered by Section 4, 5 or 6, the initial licensee of the Software may make a one-time, permanent transfer of this Agreement and the Software directly to an individual or a single entity. The transfer must include all of the Software (including all component parts and Documentation) and this Agreement, and it may not occur by way of consignment or any other indirect transfer. The transferee of the one-time transfer must agree to comply with the terms of this Agreement, including the obligation not to further transfer the Software. You may not otherwise transfer the Software or assign any of your rights or obligations under this Agreement.
(k) Entire Agreement. This Agreement and Blueforce’ Acceptable Use Policy, Blueforce Software Privacy Statement, Trademark Usage Policy, and product and service descriptions for Software and Services, all of which are accessible on the Web Site and incorporated by reference into this Agreement as they may be amended from time to time, set forth the entire agreement between you and Blueforce with respect to their subject matter, and they supersede all prior communications, understandings and agreements, as well as the terms and conditions set forth in or on any purchase order, acknowledgement form, check, or any other document or instrument you may issue to Blueforce or transmit in connection with any payment for Software or Services.
Copyright Blueforce Development Corporation, 2009-2023, ALL RIGHTS RESERVED
Blueforce Software v2 Agreement