Employment Technologies’ free 30-day trial gives authorized franchise operators access to our Hire Confidence® platform for a period of 30 days, including:
Use. Employment Technologies Corporation (“ETC”) grants User non-exclusive, non-transferable use of web-based Simulation Products (“Product”) with the features and functionality designated above for authorized locations. Unauthorized use of the Product provided by ETC is in violation of these terms and conditions and may be a violation of copyright law. Use License is based on a 30-day trial period.
Term. The term of this Agreement shall begin on the date requested (“Effective Date”) and will continue for a period of 30 days. Upon expiration of the Initial Term, User may elect to convert to a Monthly or Annual License or may elect the existing 30-day Trial Agreement to expire.
Effect of Termination. Upon date of termination, User’s ability to administer additional Products shall be removed. Additionally, User’s access to ETC’s websites shall be restricted and login credentials removed.
Proprietary Rights and Restrictions. All proprietary rights in all intellectual property contained in the Product and Product-related documentation supplied by ETC to User are owned by ETC will remain the property of ETC. Copying, decompiling, reverse engineering, or creating derivative works from the Product are strictly prohibited.
Confidential Information. Both parties acknowledge that they may be exposed to or have access to information of the other party that is confidential and contains trade secrets, data and employee/candidate information (“Confidential Information”). Both parties agree not to duplicate, use, disclose or distribute any Confidential Information, directly or indirectly, without the prior written consent of owner of the Confidential Information. Each party shall be responsible for all duplication, disclosure, distribution, access to and use of the Confidential Information by its employees or agents, whether or not the party has knowledge of or authorizes such access and use. These confidentiality obligations will not restrict any disclosure required by order of a court or any government agency, provided that the Receiving Party gives prompt notice to the Disclosing Party of any such order and reasonably cooperates with the Disclosing Party at the Disclosing Party’s request and expense to resist such order or to obtain a protective order.
Warranty. ETC warrants that the Product will be free from defects in manufacture. Apart from warrantied replacement of defective Products, which shall be User’s sole remedy, ETC shall not be liable to User or to any other person for any injury, damage, expense, or loss of any kind or nature caused or alleged to be caused, directly or indirectly, by any Product sold or licensed hereunder or its use. Without in any way limiting the generality of the foregoing, ETC shall not be liable to User or to any other person for any indirect, special, or consequential damages arising out of this order, the Products, or their use. The foregoing constitutes and expresses the entire agreement of ETC to warranties and is in lieu of all other warranties, express or implied, including the warranties of fitness and merchantability, with respect to the Product.
Support. During the term of this Agreement, ETC shall provide reasonably necessary support services during normal business hours (8:30AM-5:00PM Eastern time, Monday – Friday), via telephone or e-mail. These services will be provided at no additional cost to User for duration of the Term. ETC is not responsible for problems in functionality of the Products that may result from hardware or software configuration. Support services do not include redesigns or modifications of Product content or programming, which may require a separate license agreement from ETC and a separate compensation. Regularly scheduled technical revisions/upgrades to the Products will be made available to the User at no charge for the duration of the Term.
Mutual General Indemnification. Each Party agrees to defend, indemnify and hold the other Party and the officers, directors, agents, affiliates, distributors, franchisees and employees of Company harmless from and against any and all third party claims, losses, damages, actions, liabilities, expenses, or costs, including reasonable attorney fees (including allocated costs for in-house legal services), arising out of any claim, demand, action, suit, investigation, arbitration or other proceeding by a third party to the extent directly or indirectly caused by (i) breach of any of the Party’s duties, obligations, representations or warranties under this order, or (ii) any act or omission in performance of its duties under this order which constitutes negligent or reckless conduct.
Severability. If any provision of this Agreement is for any reason found by a court of competent jurisdiction to be unenforceable, that provision will be enforced to the maximum extent permissible, and the remainder of the Agreement shall continue in full force and effect.
Entire Agreement. This Agreement constitutes the sole and entire agreement of the parties to this Agreement with respect to the subject matter contained herein, and supersedes all prior and contemporaneous understandings and agreements, both written and oral, with respect to such subject matter.
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