End User License Agreement

Important - Read Carefully

This End-User License Agreement ("Agreement") is a legal agreement between you ("Licensee", as defined below) and SheetWhiz, LLC. ("SheetWhiz") for the SheetWhiz software product that accompanies this Agreement, or that is subsequently provided to the Licensee pursuant to further order, including any associated media, printed materials and electronic documentation (collectively, the "Software", as defined below). By installing, copying, downloading, accessing or otherwise using the Software, Licensee agrees to be bound by the terms of this Agreement. If Licensee does not accept and agree to the terms and conditions of this Agreement, SheetWhiz is unwilling to license the Software contained herein to Licensee. In that case, do not install, access or use the Software; rather, delete the Software from your computer or network in whatever form(s) it exists.

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Definitions

When used in this Agreement, the following terms shall have the respective meanings indicated, such meanings to be applicable to both the singular and plural forms of the terms defined:

• "Licensor" means SheetWhiz, LLC

• "Licensee" means You or Your Company, unless otherwise indicated.

• "Software" means (a) all of the contents of the files or other media with which this Agreement is provided, including but not limited to ((i) registration information; (ii) related explanatory written materials or files ("Documentation"); and (iii) Software setup files and code samples (if any); and (b) upgrades, modified versions, updates, additions, and copies of the Software, if any, licensed to you by SheetWhiz (collectively, "Updates").

• "Use" or "Using" means to access, install, download, copy or otherwise benefit from using the functionality of the Software in accordance with the Documentation.

• "User" means a single employee or individual engaged in the Use of the Software.

• "System" means Windows OS, GNU/Linux, or Mac OS X, or any virtual machine.

• "Host Application" means any Google Chrome browser with which use of the Software is intended.

• “Customer Data” means all data or information submitted by Licensee or any of its Permitted Users to the Service.

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General Use

You are granted a non-exclusive, non-transferrable License to Use the Software within a Host Application during the Software's evaluation period or for the term of the subscription you purchased. While the software product under this License does not require a license fee to be paid for the use of such software, it does not mean that there are no conditions for using such software.

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The Software may be installed and Used by the Licensee within a Host Application for any legal personal or commercial purpose on any System. For Software requiring payment of a license fee for continued Use beyond any evaluation period, such fee must be remitted for each User of the Software. The Software cannot be copied or distributed except by the Licensor unless explicitly authorized by the Licensor.

 

The Licensee will not have any proprietary rights in and to the Software. The Licensee acknowledges and agrees that the Licensor retains all copyrights and other proprietary rights in and to the Software.

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Customer Data

As between SheetWhiz and Customer, Customer exclusively owns all rights, title and interest in and to all Customer Data. The provision and use of data or information related to an identified or identifiable natural person (“Personal Data”) of the Customer will be in accordance with the Data Processing Addendum, available at https://sheetwhiz.com/dpa or as otherwise agreed to by the parties (“DPA”), and will also be subject to SheetWhiz's privacy policy, which is available at https://sheetwhiz.com/privacy-policy. The DPA and Privacy Policy are incorporated by reference. SheetWhiz may conduct aggregate and anonymized statistical analysis of the Services for SheetWhiz's internal business purposes.

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Intellectual Property Rights

This License does not transmit any intellectual rights on the Software. The Software and any copies that the Licensee is authorized by the Licensor to make are the intellectual property of and are owned by the Licensor. The Software is protected by copyright, including without limitation by Copyright Law and international treaty provisions. Any copies that the Licensee is permitted to make pursuant to this Agreement must contain the same copyright and other proprietary notices that appear on or in the Software.

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The structure, organization and code of the Software are the valuable trade secrets and confidential information of the Licensor. The Licensee agrees not to decompile, disassemble or otherwise attempt to discover the source code of the Software. Any attempts to reverse-engineer, copy, clone, modify or alter in any way the Software or its installer program without the Licensor's specific approval are strictly prohibited.

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Any information supplied by the Licensor or obtained by the Licensee, as permitted hereunder, may only be used by the Licensee for the purpose described herein and may not be disclosed to any third party or used to create any software which is substantially similar to the expression of the Software.

 

Trademarks shall be used in accordance with accepted trademark practice, including identification of trademarks owners' names. Trademarks can only be used to identify printed output produced by the Software and such use of any trademark does not give the Licensee any rights of ownership in that trademark.

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Non-Waiver

If a portion of this Agreement is held unenforceable, the remainder shall be valid. It means that if one section of the Agreement is deemed unlawful, the rest of the Agreement remains in force. A party's failure to exercise any right under this Agreement will not constitute a waiver of (a) any other terms or conditions of this Agreement, or (b) a right at any time thereafter to require exact and strict compliance with the terms of this Agreement.