The Demo Service may not be accessed for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes.
Vena’s direct competitors are prohibited from accessing the Demo Service, except with Vena’s prior written consent.
1. LICENSE GRANT, SERVICE ACCESS AND SERVICES
1.2. User agrees that Vena may, without prior notice, and for any or no reason, terminate User’s access to the Demo Service. User agrees that Vena will not be liable to User or any third party for such termination.
2. RESTRICTIONS ON USE
2.1 The Demo Service offers limited features allowing User only to evaluate the Demo Service. User is not authorized to use the Demo Service in any production system.
2.2 The Demo Service is not designed for use with User’s data, information or material (“User Data”). Any User Data entered into the Demo Service by or for User during the Demo Period will be permanently lost unless such User Data is exported by User before the end of the Demo Period. User is solely responsible for exporting User Data, if any, from the Demo Service prior to termination of its access to the Demo Service. User agrees that Vena has no liability to it or any third party in this regard.
2.3 User shall abide by all applicable local, state, provincial, national and foreign laws, treaties and regulations in connection with its use of the Demo Service.
2.4 User acknowledges that the Demo Service and its structure, organization and source code constitute valuable trade secrets of Vena. Accordingly, User agrees:
2.4.1. Not to modify, adapt, alter, translate, or create derivative works from the Demo Service;
2.4.2. Not to merge the Demo Service with any other service or software; or sublicense, lease, rent, loan, or otherwise transfer the Demo Service to any third party;
2.4.3. To not reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code for the Demo Service;
2.4.4. Not to provide services to third parties using the Demo Service (e.g. business process outsourcing, service bureau applications or third-party training) or otherwise use or copy the Demo Service;
2.4.5. To notify Vena immediately of any unauthorized use of any password or account or any other known or suspected breach of security;
2.4.6. To not remove, alter, or obscure any proprietary notices (including copyright notices) of Vena incorporated with the Demo Service; and
2.4.7. Not provide false identity information to gain access to or use the Demo Service.
2.5 User shall not license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to (i) any third party the Demo Service in any way; or (ii) "frame" or "mirror" any information obtained or developed by Vena related to the Demo Service and provided to User (“Content”) on any other server or wireless or Internet-based device; or (iii) reverse engineer or access the Demo Service in order to (a) build a competitive product or service; (b) build a product using similar ideas, features, functions or graphics of the Demo Service; or (c) copy any ideas, features, functions or graphics of the Demo Service.
2.6 Without limiting the generality of subsection 2.5(i), User shall not share its user credentials or other access information contained in an activation email provided by Vena with any third party.
3. VENA PROPRIETARY RIGHTS.
3.2. Vena may collect anonymized statistical analytics, in both aggregated and non-aggregated form, in respect of Demo Service use and other service and user parameters, characteristics and machine learnings, including without limitation those derived from anonymized User Data (“Service Learnings”). All right, title and interest to Service Learnings shall vest on, and be owned by, Vena.
6. REPRESENTATIONS AND WARRANTIES
THE DEMO SERVICE IS PROVIDED “AS-IS” AND VENA MAKES NO REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, AND EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. VENA DOES NOT REPRESENT OR WARRANT THAT: (A) USER’S USE OF THE DEMO SERVICE DURING THE DEMO PERIOD WILL MEET USER’S REQUIREMENTS, (B) USER’S USE OF THE DEMO SERVICE DURING THE DEMO PERIOD WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, AND (C) USAGE DATA PROVIDED DURING THE DEMO PERIOD WILL BE ACCURATE. USER IS RESPONSIBLE FOR DETERMINING WHETHER THE DEMO SERVICE WILL BE SUITABLE FOR ITS INTENDED PURPOSE OR ACHIEVE ITS INTENDED RESULTS.
7. LIMITATION OF LIABILITY
7.2. IF AND TO THE EXTENT THAT ANY LIMITATION OR EXCLUSION OF LIABILITY IN SECTION 7.1 IS NOT ENFORCEABLE UNDER APPLICABLE LAW, THE PARTIES ACKNOWLEDGE AND AGREE THAT THE TOTAL LIABILITY OF VENA AND ITS AFFILIATES WITH RESPECT TO THE DEMO SERVICE PROVIDED SHALL NOT EXCEED $500 CAD.
|Canada||Vena Solutions Inc.||The substantive laws of the Province of Ontario and the federal laws of Canada applicable therein.||Toronto, Ontario, Canada|
|United States||Vena Solutions USA Inc.||The substantive laws of the State of Delaware and the federal laws of the United States of America applicable therein.||San Francisco, California, U.S.A|
|Outside of Canada and United States||Vena Solutions UK Ltd.||The substantive laws of England and Wales.||England and Wales.|