End User License Agreement - JDXpress
Revised: October 25, 2018
This agreement concerns your right to access and use the HRTMS software application referenced above, accessible on a hosted online basis, as well as any user or training documentation relating to that application that is made available to you by or on behalf of HRTMS (all together, the “Application”).
PLEASE NOTE that this agreement allows HRTMS to collect and share certain information that you provide to the Application. Details are provided at www.hrtms.com/hcsp. In addition, this agreement contains an exclusive forum clause relating to resolutions of disputes that may arise under this agreement.
Please read carefully the terms and conditions of this agreement. Your use of the Application or clicking the “I agree” button if one is provided, indicates that you accept the terms and conditions of this agreement. In this agreement, the term “you” means your organization, and the individual accepting this agreement represents that he or she is authorized to bind your organization to this agreement. If you do not agree with the terms and conditions or this agreement, then your use of the Application is not authorized. This agreement is entered into as of the date of your acceptance of this agreement and continues for the period for which you have paid subscription fees.
This agreement, as available to you in the Application, may be changed by HRTMS from time to time through posting on the HRTMS website. If this agreement is changed, the changes will be applicable upon your affirmative acceptance of the changes or upon your first subscription renewal following adoption of the changes, whichever occurs first.
ACCESS. During the term of this agreement, HRTMS will make the Application available to you on-line through standard Internet browser interface. User identification and passwords to access the Application will be selected by you and provided to HRTMS. You may use the Application solely for your internal use, which may include use by or for affiliates of your organization, and solely for the Application’s intended purpose. You may make use of the configuration options of the Application, but may not reverse engineer, modify or translate any part of the Application.
CONTENT SHARING. The Application may allow you to choose to contribute all or some of your job descriptions to the HRTMS sample library. You agree that with each and every such contribution, you grant to HRTMS, its licensees, and other users of the HRTMS sample library a non-exclusive, perpetual, irrevocable, worldwide, fully paid license, with rights to sublicense, to copy, modify, distribute, and publicly display such contributions (the “Sample Contributions”). Except with respect to Sample Contributions and as provided in the HRTMS Customer Sharing Programs (“HCSP”), HRTMS shall have no right to use your job descriptions or other data that you enter into the Application for any purpose other than performance of this agreement. By entering into this agreement, you agree to be a participant in the HCSP. Your rights and obligations as a participant are set out at www.hrtms.com/hcsp. The terms of the HCSP may change from time to time, and such changes will be applicable to this agreement when posted by HRTMS on its website.
ONGOING HRTMS OBLIGATIONS. HRTMS will use reasonable commercial efforts to maintain the availability of the Application for access through the Internet, and will make available to you written and video materials for basic user training. HRTMS will provide user access to a knowledge base and a monitored HRTMS community forum for the Application. In addition, payment of the annual subscription fee entitles you to receive support from HRTMS for up to five (5) support incidents per subscription year, through email support during normal HRTMS business hours in the Eastern Time Zone. More extensive training and support, including service level agreements, may be available at fees to be agreed. HRTMS will maintain commercially reasonable levels of security and anti-malware protection with regard to the Application and your job descriptions, and will perform routine backups of your job descriptions, but neither HRTMS nor its hosting infrastructure provider shall be liable for loss of data, or for breach of confidentiality or damages caused by malware or third party breaches of security.
YOUR ONGOING RESPONSIBILITIES. You acknowledge that it is your obligation to protect user identification and passwords to avoid access to your job descriptions by unauthorized parties. You agree that you will not use the Application for any illegal purpose or enter data into the Application that infringes the intellectual property or publicity rights of any other party or abuses the reputation of any person.
FEES AND TAXES. Subscription fees are prepaid annually, and are non-refundable in the event that you choose to stop using the Application. Subscription fees do not include applicable sales, VAT or other transaction taxes, which will be added to your charge at time of payment.
TERMINATION. Your rights to access and use the Application will terminate at the end of the period for which you have paid subscription fees. You may renew this agreement by payment of the HRTMS annual subscription fee applicable at that time. You may, at any time and within ten days after termination of this agreement, download your job descriptions that you have placed in the Application. Your job descriptions will remain in the HCSP pursuant to the terms of the HCSP.
NO WARRANTIES. THE APPLICATION AND ALL RELATED SUPPORT AND SERVICES ARE PROVIDED TO YOU “AS IS”. HRTMS DOES NOT PROVIDE ANY WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE OPERATION OR QUALITY OF THE APPLICATION OR WITH RESPECT TO ANY SERVICES PROVIDED IN CONNECTION WITH THE APPLICATION, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE AND ANY STATUTORY OR IMPLIED WARRANTIES OF NON-INFRINGEMENT.
LIMITATION OF LIABILITY. IN NO EVENT SHALL EITHER PARTY BE LIABLE IN CONNECTION WITH THIS AGREEMENT FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL OR INDIRECT DAMAGES. EXCEPT IN THE CASE OF DAMAGE TO TANGIBLE PROPERTY OR DEATH OR PERSONAL INJURY CAUSED BY THE NEGLIGENCE OR WILLFUL MISCONDUCT OF HRTMS, HRTMS SHALL NOT BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE AMOUNT OF THE MOST RECENT ANNUAL SUBSCRIPTION FEE PAYMENT THAT YOU HAVE MADE FOR THE APPLICATION PRIOR TO THE EVENT GIVING RISE TO LIABILITY.
MISCELLANEOUS PROVISIONS. This agreement constitutes the entire agreement between you and HRTMS and supersedes any prior or contemporaneous agreements, written or oral. Purchase orders may be accepted by HRTMS for administrative convenience but shall not serve to amend or supplement this agreement. This agreement may be amended only in a writing signed by the parties specifically stating that it modifies this agreement. This agreement shall be governed by and construed in accordance with the laws of North Carolina, USA, excluding the conflict of law provisions of such laws. The state and federal courts located in the Middle District of North Carolina shall be the exclusive forum for resolution of disputes arising under this agreement. No failure to exercise and no delay in exercising, on the part of either party, any right, power or privilege under this agreement will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege hereunder preclude further exercise of the same right or the exercise of any other right under this agreement.
This agreement concerns your right to access and use the HRTMS software application referenced above, accessible on a hosted online basis, as well as any user or training documentation relating to that application that is made available to you by or on behalf of HRTMS (all together, the “Application”).
PLEASE NOTE that this agreement allows HRTMS to collect and share certain information that you provide to the Application. Details are provided at www.hrtms.com/hcsp. In addition, this agreement contains an exclusive forum clause relating to resolutions of disputes that may arise under this agreement.
Please read carefully the terms and conditions of this agreement. Your use of the Application or clicking the “I agree” button if one is provided, indicates that you accept the terms and conditions of this agreement. In this agreement, the term “you” means your organization, and the individual accepting this agreement represents that he or she is authorized to bind your organization to this agreement. If you do not agree with the terms and conditions or this agreement, then your use of the Application is not authorized. This agreement is entered into as of the date of your acceptance of this agreement and continues for the period for which you have paid subscription fees.
This agreement, as available to you in the Application, may be changed by HRTMS from time to time through posting on the HRTMS website. If this agreement is changed, the changes will be applicable upon your affirmative acceptance of the changes or upon your first subscription renewal following adoption of the changes, whichever occurs first.
ACCESS. During the term of this agreement, HRTMS will make the Application available to you on-line through standard Internet browser interface. User identification and passwords to access the Application will be selected by you and provided to HRTMS. You may use the Application solely for your internal use, which may include use by or for affiliates of your organization, and solely for the Application’s intended purpose. You may make use of the configuration options of the Application, but may not reverse engineer, modify or translate any part of the Application.
CONTENT SHARING. The Application may allow you to choose to contribute all or some of your job descriptions to the HRTMS sample library. You agree that with each and every such contribution, you grant to HRTMS, its licensees, and other users of the HRTMS sample library a non-exclusive, perpetual, irrevocable, worldwide, fully paid license, with rights to sublicense, to copy, modify, distribute, and publicly display such contributions (the “Sample Contributions”). Except with respect to Sample Contributions and as provided in the HRTMS Customer Sharing Programs (“HCSP”), HRTMS shall have no right to use your job descriptions or other data that you enter into the Application for any purpose other than performance of this agreement. By entering into this agreement, you agree to be a participant in the HCSP. Your rights and obligations as a participant are set out at www.hrtms.com/hcsp. The terms of the HCSP may change from time to time, and such changes will be applicable to this agreement when posted by HRTMS on its website.
ONGOING HRTMS OBLIGATIONS. HRTMS will use reasonable commercial efforts to maintain the availability of the Application for access through the Internet, and will make available to you written and video materials for basic user training. HRTMS will provide user access to a knowledge base and a monitored HRTMS community forum for the Application. In addition, payment of the annual subscription fee entitles you to receive support from HRTMS for up to five (5) support incidents per subscription year, through email support during normal HRTMS business hours in the Eastern Time Zone. More extensive training and support, including service level agreements, may be available at fees to be agreed. HRTMS will maintain commercially reasonable levels of security and anti-malware protection with regard to the Application and your job descriptions, and will perform routine backups of your job descriptions, but neither HRTMS nor its hosting infrastructure provider shall be liable for loss of data, or for breach of confidentiality or damages caused by malware or third party breaches of security.
YOUR ONGOING RESPONSIBILITIES. You acknowledge that it is your obligation to protect user identification and passwords to avoid access to your job descriptions by unauthorized parties. You agree that you will not use the Application for any illegal purpose or enter data into the Application that infringes the intellectual property or publicity rights of any other party or abuses the reputation of any person.
FEES AND TAXES. Subscription fees are prepaid annually, and are non-refundable in the event that you choose to stop using the Application. Subscription fees do not include applicable sales, VAT or other transaction taxes, which will be added to your charge at time of payment.
TERMINATION. Your rights to access and use the Application will terminate at the end of the period for which you have paid subscription fees. You may renew this agreement by payment of the HRTMS annual subscription fee applicable at that time. You may, at any time and within ten days after termination of this agreement, download your job descriptions that you have placed in the Application. Your job descriptions will remain in the HCSP pursuant to the terms of the HCSP.
NO WARRANTIES. THE APPLICATION AND ALL RELATED SUPPORT AND SERVICES ARE PROVIDED TO YOU “AS IS”. HRTMS DOES NOT PROVIDE ANY WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE OPERATION OR QUALITY OF THE APPLICATION OR WITH RESPECT TO ANY SERVICES PROVIDED IN CONNECTION WITH THE APPLICATION, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE AND ANY STATUTORY OR IMPLIED WARRANTIES OF NON-INFRINGEMENT.
LIMITATION OF LIABILITY. IN NO EVENT SHALL EITHER PARTY BE LIABLE IN CONNECTION WITH THIS AGREEMENT FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL OR INDIRECT DAMAGES. EXCEPT IN THE CASE OF DAMAGE TO TANGIBLE PROPERTY OR DEATH OR PERSONAL INJURY CAUSED BY THE NEGLIGENCE OR WILLFUL MISCONDUCT OF HRTMS, HRTMS SHALL NOT BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE AMOUNT OF THE MOST RECENT ANNUAL SUBSCRIPTION FEE PAYMENT THAT YOU HAVE MADE FOR THE APPLICATION PRIOR TO THE EVENT GIVING RISE TO LIABILITY.
MISCELLANEOUS PROVISIONS. This agreement constitutes the entire agreement between you and HRTMS and supersedes any prior or contemporaneous agreements, written or oral. Purchase orders may be accepted by HRTMS for administrative convenience but shall not serve to amend or supplement this agreement. This agreement may be amended only in a writing signed by the parties specifically stating that it modifies this agreement. This agreement shall be governed by and construed in accordance with the laws of North Carolina, USA, excluding the conflict of law provisions of such laws. The state and federal courts located in the Middle District of North Carolina shall be the exclusive forum for resolution of disputes arising under this agreement. No failure to exercise and no delay in exercising, on the part of either party, any right, power or privilege under this agreement will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege hereunder preclude further exercise of the same right or the exercise of any other right under this agreement.