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What is a service-level agreement? A service level agreement (SLA) is a contract that outlines what exactly a business or department is expected to meet for the customers or teams that they serve. The form includes information about the agreement and several other sections, including rider agreement, service levels, service credits, performance monitoring, objectives, and acceptance. A service level agreement is executed between two businesses, between teams within a single business, or between a business and their customers. About the agreement This Service-Level Agreement effective as of March 7 2022 is made by and between all persons that continue to view this site (linkwig.com).
WHEREAS, the Parties have entered into an agreement effective as of March 7 2022 (linkwig.com) for the provision by Supplier of the Services (as defined therein) (internet web site); and
WHEREAS, the Contract states that a service-level agreement is a condition precedent to any extended term of the Contract; and
WHEREAS, the Customer is willing to continue with the Contract past the original end date solely upon Supplier's acceptance of the terms and conditions of this Agreement, and Supplier confidently accepts the terms and conditions herein;
NOW, THEREFORE, in consideration of the foregoing, and of the terms and conditions and the Service Levels, the Parties hereby agree as is outlined in the following sections:
this proprietary software license agreement | febuary 10, 2022, licensor :thomas loucks. licensors linkwig.com, coolplays.com, thomas loucks, cottagesteel.com . licensee you the corperation, bussines, goverment, private entity, or thier employees, licensor and licensee are referred to herein collectively as parties and each individually as a party or parties.
PROPRIETARY TECHNOLOGY REFERRED TO HEREIN COLLECTIVELY AS ANY COMBINATION OF PROCESSES, TOOLS, OR SYSTEMS OF INTERRELATED CONNECTIONS THAT ARE THE PROPERTY OF THE LICENSOR OR LICENSORS. This EULA is a legally binding contract. DO NOT PROCESS unless you agree to the terms of this EULA.
LEGAL AGREEMENT: In consideration of the license fee you have paid for the use of the Proprietary technology, you (the entity for which Proprietary technology works is obtained for use on linkwig.com, referred to herein as the Licensee), accept and agree to be bound by the terms and conditions of this EULA with Licensor.
COPYRIGHT: The Proprietary technology is a product of Licensor and its licensors. The Proprietary technology is protected by the copyright laws of the United States and international treaties. Except as specifically granted herein, all rights are reserved by Licensor. The Proprietary technology is proprietary material for use by Licensee subject to the terms of this EULA. Unauthorized use, duplication, or distribution of Proprietary technology in whole or in part is strictly prohibited.
OWNERSHIP OF PROPRIETARY TECHNOLOGY: Proprietary technology on linkwig.com is licensed, not sold, to Licensee by Licensor for use only pursuant to the terms and conditions contained within this EULA, and Licensor and its licensors reserve all rights not expressly granted to Licensee. Licensor and its licensors retain ownership of Proprietary technology itself. Certain information contained in Proprietary technology in nature, including but not limited to look and feel, formats and organization. Licensee shall safeguard Proprietary technology with a degree of care commensurate with reasonable standards of security for protection of such information.
LICENSE TO USE: This EULA grants the user the non-exclusive and non-transferable right to use the Proprietary technology solely as specified herein. Software is licensed for Intranet use only through linkwig.com. All information belonging to the Licensee is theirs, upon request all report information and images will be available through a pdf zipfile. All reports will be stored untill a time satisfied to there being no relevance in storing them, with in state / provincial Statutes.
RESTRICTIONS: The license granted in this EULA is for use solely by the original Licensee and its employees (if applicable). Licensee may not rent, sub-license, transfer, or lease, in whole or in part, the Proprietary technology to a third party, whether for payment or not. Licensee may not assign this EULA or the license granted herein without Licensor's prior written consent, which may be given or withheld in Licensor's sole discretion. Licensee shall not in whole or in part, alter, modify, reverse engineer, translate, decompile, disassemble, or debug the Software or Proprietary technology, or create derivative works or versions thereof.
TERMINATION: This EULA will remain in full force and effect until terminated. This EULA will terminate immediately and without notice if: (i) Licensee fails to comply with the terms of this EULA. (ii) Licensee fails to pay fees within the terms of this EULA. (iii) Upon any termination of this EULA for any reason.
SALES & USE TAXES: Licensee shall be responsible to account for and remit all federal, state and local sales tax, and/or use tax and/or Value Added Tax, and/or any import duty by any governmental authority imposed during the term or after the termination of this license, including but not limited to taxes imposed retroactively by a taxing authority, less any amount of any taxes that Licensor has collected from Licensee at the time of purchase. In no event shall Licensor be responsible for determining whether the appropriate tax is due by Licensee.
indemnification of licensor: Licensee shall indemnify Licensor against all third party claims, demands, actions, losses, damages, liabilities, and costs, including reasonable legal fees, reasonably incurred in the defense of any claim arising out of Licensee's breach of this EULA or Licensee's unauthorized use of Proprietary technology, Software and websites.
NO OTHER WARRANTIES: THE LIMITED WARRANTIES PROVIDED ABOVE ARE THE ONLY WARRANTIES PROVIDED BY LICENSOR. LICENSOR AND ITS LICENSORS DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE AND ANY RESULTS ARISING FROM THE USE OF THE SOFTWARE IS BORNE BY LICENSEE. LICENSOR DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET LICENSEE'S REQUIREMENTS, OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS EULA. SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OF AN IMPLIED WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY AND YOU MAY HAVE OTHER LEGAL RIGHTS THAT VARY BY JURISDICTION.
LIMITATION OF LIABILITY: IN NO EVENT SHALL LICENSOR BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, ECONOMIC LOSS, LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THE SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY HEREIN. UNDER NO CIRCUMSTANCES WILL LICENSOR BE LIABLE TO LICENSEE FOR ANY REASON FOR ANY AMOUNT IN EXCESS OF THE LICENSE FEE PAID BY LICENSEE FOR THE SOFTWARE.
MISCELLANEOUS: The provisions of this EULA shall be considered as severable, so that the invalidity or unenforceability of any provisions will not affect the validity or enforceability of the remaining provisions; provided that no such severability shall be effective if it materially changes the economic benefit of this EULA to either party.
This EULA is the entire agreement between the parties with regard to the subject matter of this EULA and supersedes and incorporates all prior or contemporaneous representations, understandings or agreements, and may not be modified or amended except by an agreement in writing signed between the parties hereto. No terms or conditions contained in any purchase order shall amend this EULA or shall otherwise constitute an agreement between the parties.
The validity, construction and enforcement of this EULA shall be determined in accordance with the laws of Alberta in Canada, without reference to its conflicts of laws principles, and any action arising under this EULA shall be brought exclusively in Alberta, Canada. You consent to the personal jurisdiction of the provicial and federal courts located in Alberta, Canada.
The parties agree that the terms and conditions of this EULA shall not be construed in favor of or against any party by reason of the extent to which any party participated in the preparation of this document.
Except as otherwise explicitly provided herein, any rights, duties and limitations that by their nature extend beyond the termination of this EULA shall survive the termination of this EULA.
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infringement Licensee shall promptly notify Licensor upon becoming aware of any infringement or misappropriation of the Licensed Works or any infringement or misappropriation of any other intellectual property pertaining to the Licensed Works but not embodied in the Licensed Works, including, but not limited to, Licensor's copyrights, trade secrets, inventions, know-how, technology, processes, product specifications and methodologies. Licensor has the exclusive right to take, and shall take, such steps to stop such infringement as may be reasonably necessary in its reasonable determination to protect the Licensed Works and Licensor's other intellectual property related thereto. Licensee shall, and shall cause its Affiliates to, cooperate fully with Licensor to stop such infringement. Licensor shall have full control over any such action, including, without limitation, the right to select counsel, to settle on any terms it deems advisable in its discretion, to appeal any adverse decision rendered in any court, to discontinue any action taken by it, and otherwise to make any decision in respect thereto as it deems advisable in its discretion. Licensor shall bear all expenses connected with the foregoing, including for Licensee's or its Affiliates' cooperation. To the extent Licensee or any of its Affiliates has proven damages resulting from such infringement, Licensee or such Affiliate shall share in the amount recovered, if any, net of Licensor's expenses in connection with such action, pro-rata with Licensor's damages in such action.
abuse we want to maintain a respectful environment for everyone, which means you must follow these basic rules of conduct: comply with applicable laws, including export control, sanctions, and human trafficking laws respect the rights of others, including privacy and intellectual property rights don't abuse or harm others or yourself (or threaten or encourage such abuse or harm) for example, by misleading, defrauding, illegally impersonating, defaming, bullying, harassing, or stalking others don't abuse, harm, interfere with, or disrupt the services for example, by accessing or using them in fraudulent or deceptive ways, introducing malware, or spamming, hacking, or bypassing our systems or protective measures. when we index the web to bring you search results, we respect standard usage restrictions that website owners specify in their websites' code, so we require the same when others use our services
confidentiality confidential information. the parties acknowledge that during the performance of this agreement, each party will have access to certain of the other party's confidential information or confidential information of its affiliates or third persons that the disclosing party is required to maintain as confidential, and each party hereby agrees that it will protect such confidential information of the other party, its affiliates or third persons with the same degree of care that it uses to protect its own confidential information of like nature, but no less than a reasonable degree of care. licensor and licensee agree not to disclose confidential information of the disclosing party, its affiliates or such third person, as applicable, to any third person without the prior written consent of the disclosing party or any such affiliate or third person. the receiving party may disclose confidential information of the disclosing party, its affiliates or such third person, as applicable, on a need-to-know basis only, to the receiving party's employees and/or authorized agents who are bound by obligations of confidentiality as least as restrictive as those contained herein, and each party shall be responsible for ensuring compliance with the terms hereof by persons to whom it discloses the confidential information of the other. both parties agree that all items of confidential information are proprietary to the disclosing party or such affiliate or third person, as applicable, and shall remain the sole property of the disclosing party or such affiliate or third person. each party shall only be entitled to use confidential information for the purpose intended hereunder. each party shall promptly notify the other party immediately upon its becoming aware of a breach of the obligations set forth in confidentiality, and each party shall assist the other party in investigating and pursuing such breach.
Confidentiality of Source Code
Notwithstanding the terms, Licensee agrees and shall cause its Affiliates (i) to maintain in confidence the source code of the Proprietary Thomas Loucks and any Improvements,
Some of our services are designed to let you upload, submit, store, send, receive, or share your content. You have no obligation to provide any content to our services and you're free to choose the content that you want to provide. If you choose to upload or share content, please make sure you have the necessary rights to do so and that the content is lawful.
limitation of liability
neither party or its affiliates shall have liability for special, indirect, consequential, exemplary, punitive or incidental damages or for any damages whatsoever resulting from unauthorized access to the licensed works, loss of use, loss of data, loss of profits, loss of goodwill, additional employee hours, perceived loss or intrinsic loss estimate.
representations and warranties
disclaimer. the licensed works are licensed as is, where is and with all faults and, with the exception of the warranties expressly made by licensor under this agreement, licensor makes and licensee receives no other warranty, express or implied, and any and all warranties of merchantability, fitness for a particular purpose, title, noninfringement or compliance with law are expressly excluded. licensor does not represent that the licensed works will meet licensee's requirements, or that the operation of the licensed works will be uninterrputed or error free.