Excelfore Evaluation and Development License
Software module: eSync Agent SDK (“Software”)
This license is an agreement between You and Excelfore Corporation (including its affiliates). The terms of this License apply to the Software named above and any Excelfore services or software updates, except to the extent such services or updates are accompanied by new or additional terms. By using the Software, You accept these terms. If You comply with these license terms, You have the rights below.
Scope of license:
Excelfore hereby grants to the company agreeing to this license, and its affiliates and agents (collectively “You”) a restricted, non-exclusive, nontransferable, worldwide, royalty-free license, without right of sublicense, to evaluate and use the Software to design, develop, and create your own working demonstration unit(s), for your own internal testing and learning (the “Evaluation”), and also for You to present to your potential customers at your discretion.
No Other Rights:
No other rights or licenses are granted under this Agreement, by implication, estoppel or otherwise, and You shall have no rights in the Software except as specified herein.
You will not (and have no right to):
- work around any technical limitations in the Software that prevent You from using it outside of your licensed purpose
- reverse engineer, decompile or disassemble the Software
- remove, minimize, block, or modify any notices from Excelfore or its suppliers in the Software
- use the Software for commercial or revenue-generating activities beyond the activities licensed to You above
- use the Software in any way that is against the law or to create or propagate malware
- publish, distribute, sublicense, rent, lease, loan, timeshare, disclose, or provide the Software as a stand-alone hosted solution for others to use
- transfer this agreement or Software to a third party
Third Party Software:
The Software may include configuration parameters or additional code that have been created and added by the Cloud Provider. To the extent such additions are governed by agreements You may have with the Cloud Provider, the disclaimer, limitations on, and exclusions of damages in this license shall also apply as allowed by applicable law.
Excelfore owns and retains all right, title and interest in the Software including without limitation all Intellectual Property Rights therein.
Software and related documentation provided to You are considered Excelfore confidential. You shall not disclose such confidential Information to any third party except your employees and contractors who have a need to know, and with whom You have a standard confidentiality agreement. You agree to take reasonable steps to ensure that dissemination is so limited.
You agree to comply with all domestic and international export laws and regulations that apply to the Software.
Excelfore is not obligated under this agreement to provide any support services for the Software. Any support provided “as is”, “with all faults”, and without warranty of any kind.
Disclaimer of Warranty:
The Software is licensed “as is.” You bear the risk of using it. Excelfore gives no express warranties, guarantees, or conditions. To the extent permitted under applicable laws, Excelfore disclaims all implied warranties, including merchantability, fitness for a particular purpose, and non-infringement.
Limitation on and Exclusion of Damages:
Despite the preceding disclaimer of warranty, if You have a basis for recovering damages You expressly agree to limit your demand for direct damages from Excelfore and its suppliers to US $5.00. You agree not to seek other damages, including consequential, lost profits, special, indirect or incidental damages.
Term and Termination:
The term of this license is one year. The term may be extended by Excelfore, at its option, upon written notice to You. Either party may terminate the license upon written notice to the other. Upon termination the Limitations, Ownership, and Limitations on and Exclusion of Damages portions of this agreement shall remain in force.
This agreement, and any other terms Excelfore may provide for supplements, updates, or third-party applications, is the entire agreement for the Software.
Applicable law and place to resolve disputes:
You and Excelfore consent to exclusive jurisdiction and venue in the federal court in Alameda County, California for all disputes heard in court.
Last Revised: October 20, 2020
eSync Agent SDK
We are committed to privacy of our users and customers. Following is an explanation of our policy and how we use and protect the personal information of users who access and make use of the eSync Server and the eSync SDK(s), and the Excelfore web portal(s) that may be used to access these products and services.
eSync Server data collection
In the normal course of operation of the eSync Server, the information systems and software products acquire certain items of personal information, the transmission of which is implicit in the use of internet communication protocols. Unless specifically required to fulfill the requirements of the services, such information in question is not collected in order to be associated with specific users.
Data related to web services such as the eSync Server, as offered by Excelfore through our web portal(s), is retained in servers controlled by Excelfore and is processed solely by our authorized technical personnel.
User registration data collection
Our registration forms require users to give us contact information. This may include user contact and billing information, mobile numbers, email address, and other unique identifiers. For asset monitoring and control, we collect detailed information related to the assets in order to customize our services for you and authorized partners. We do not store financial information like credit card numbers or personal information like social security numbers provided on Excelfore website portals and forms.
We collect information about you from several sources including information we collect from you directly, from website entries and registration forms and when you visit our site, use our services, or view our online content, from your connected assets including computers, smart phones, vehicles, and from other sources. Your contact information may be used to contact you when necessary. When you provide information on our web portal or similar pages, you grant us explicit permission to use the e-mail and other information you provide for communication with you and for related purposes.
General web data collection
Information automatically collected typically includes IP addresses, domain names, information for Internet communication and other parameters pertaining to the user’s system. We use your IP address to identify you to deliver specific services, to help diagnose problems with your browsers as it accesses our web portal(s) or our Servers, so that we may administer our web-services. We also collect information for statistical purposes.
We use the information we collect to provide the products and services you request, for troubleshooting, analysis, and research, safety, prevention of fraud or misuse, or to communicate with you. Unique identifiers are collected to verify the user’s identity and for use in our record system.
General Protection and Privacy
In general, unless explicit permission is granted by the user to Excelfore or its partners, no information derived from Excelfore web services are passed on or disclosed to third parties.
We may share information we collect from you with our authorized partners, if applicable, when required by law, or in the event of the sale or transfer of the asset. Anonymous information such as statistical performance that is collected from our site(s) may be shared with third parties for various purposes.
The Excelfore website(s), portal(s), and eSync Server(s) have security measures in place to protect the loss, misuse, and alteration of the information under our control. All data is protected using advanced methods including encryption of sensitive data in transmission, requiring partners to maintain appropriate security measures, and access and authentication procedures.
For web-services users, we suggest periodically changing your password.
This information applies solely to users of these Excelfore portals, products, and services and does not extend to any other websites or services that users may have visited or used to find and access the Excelfore portals, products, and services. We are not responsible for the privacy practices or the content of such other companies or sites.