a. General. After you order a Marketplace Product and pay any corresponding fees to Comurce (or to the Publisher in the case of Non-Comurce Paid Products, as described in Section 2(c) below), you may use and/or download the Marketplace Product for your use on a device on which you have installed (or otherwise access) an Comurce product with which the Marketplace Product is designed to interoperate (an “Comurce Product”). Marketplace Products can be used only on devices that also have an Comurce Product installed (or through which an Comurce Product is otherwise accessed) and meet certain other technical requirements described in our Marketplace Guidelines (https://developer.comurce.com/display/MARKET), as amended from time to time by Comurce.
b. Evaluation of Marketplace products. Comurce may offer free evaluation and/or other limited versions of Marketplace Products so you can preview Marketplace Products before you purchase the full version (“Evaluation Marketplace Products”). If the Marketplace Product is only provided for evaluation purposes, your rights are limited to an evaluation license which permits you to use, download, install, and/or operate the Evaluation Marketplace Product for a limited period of time (“Evaluation Period”), and it will only be accessible by a limited number of temporary users, in each case as determined by Comurce. On the expiry of the Evaluation Period, the Evaluation Marketplace Product will cease to function and you will remove and delete all copies of such Marketplace Product in your possession or control.
a. Separate Licenses to Use Marketplace Products. Your use of a Marketplace Product (including Non-Comurce Paid Products) will be governed by the terms and conditions of an end user license agreement between you and the publisher (“Publisher”) of the Marketplace Product (a “EULA”). In the event Comurce is the Publisher of a Marketplace Product, then such Marketplace Product will be governed by the terms and conditions of Comurce’s End User Agreement located at http://www.comurce.com/licensing/license (the “Comurce EUA”).
With respect to all Marketplace Products (other than the Non-Comurce Paid Products) , the EULA for a Marketplace Product includes the terms set forth below (the “Standard EULA”) and any additional end user license terms included in or with the Marketplace Product (the “Publisher EULA”). If there is a conflict between the Standard EULA and the Publisher EULA, the Standard EULA will control (but, for clarity, the Comurce EUA, and not the Standard EULA, will apply to all Marketplace Products published by Comurce). The Publisher has the right to enforce the EULA against you. If you do not want to comply with the EULA for a Marketplace Product, you must not use that Marketplace Product. Comurce is not a party to the EULA for any Marketplace Product (unless Comurce is the Publisher of that Marketplace Product). The Standard EULA includes the following end user license terms, and if the Marketplace Product does not include a Publisher EULA, these terms will constitute the entire EULA between you and the Publisher:
(i) The Publisher is the licensor of the Marketplace Product and Comurce is not a party to the Publisher EULA or this Standard EULA, as applicable.
(ii) If the Marketplace Product does not include a Publisher EULA that specifies Marketplace Product license rights, Publisher grants you a limited, worldwide, non-exclusive, non-transferable and non-sub licensable license to download and use the Marketplace Product only on hardware systems owned, leased or controlled by you.
(iii) Licenses granted by Publisher are granted subject to the condition that you must ensure the maximum number of Authorized Users that are able to access and use the Marketplace Product concurrently is equal to the number of User Licenses for which the necessary fees have been paid to Comurce and/or its authorized partners (each, an “Comurce Expert”). You may purchase additional User Licenses at any time on payment of the appropriate fees to Comurce or an Comurce Expert. “User License” means a license granted under this EULA to you to permit an Authorized User to use the Marketplace Product. The number of User Licenses granted to you is dependent on the fees paid by you. “Authorized User” means a person who accesses and uses a Marketplace Product under the EULA and for which the necessary fees have been paid to Comurce and/or an Comurce Expert.
(v) You may not modify, reverse engineer, decompile or disassemble the Marketplace Product in whole or in part, or create any derivative works from or sublicense any rights in the Marketplace Product, unless otherwise expressly authorized in writing by Publisher.
(vi) The Marketplace Product is protected by copyright and other intellectual property laws and treaties. Unless otherwise expressly stated in the Publisher EULA, Publisher or its licensors own all title, copyright and other intellectual property rights in the Marketplace Product, and the Marketplace Product is licensed to you directly by the Publisher, not sold.
End of Standard EULA
b. Information Provided by Comurce to Publisher. You hereby explicitly acknowledge and authorize Comurce to, in connection with your purchase of one or more Marketplace Product(s), provide the Publisher with the information provided by you in completing the purchase (including without limitation, your name, company name (if any), addresses (including e-mail address) and phone number).
c. Consent to Use Data. You agree that Publisher and Comurce (if Comurce is not the Publisher) may collect and use technical data and related information, including without limitation, technical information relating to your device, system, Marketplace Product, that is gathered periodically to facilitate the provision of software updates, product support, marketing efforts and other services to you related to the Marketplace Product. Publisher and Comurce (if Comurce is not the Publisher) may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technology to you (including with respect to Comurce, the Comurce Marketplace and Comurce Products).
e. Disclaimer. A significant portion of the Marketplace Products in the Comurce Marketplace are provided by parties other than Comurce. The third-party content included in the Marketplace Products is the sole responsibility of the Publisher of that content. Comurce is not responsible for any third-party content, whether or not it reviewed or moderated such content. You agree that you bear all risks associated with using or relying on Marketplace Products from the Comurce Marketplace. Comurce does not in any way warrant the accuracy, reliability, security, completeness, usefulness, non-infringement, or quality of any Marketplace Products (including without limitation any applications or content contained therein), regardless of who originated that content (including Comurce’s employees, partners, affiliates or moderators), and even if a Marketplace Product complies with the Marketplace Guidelines. Comurce hereby disclaim all warranties, including but not limited to any implied warranties of title, non-infringement, merchantability or fitness for a particular purpose, relating to such Marketplace Products. Comurce shall not be liable or responsible in any way for any losses or damage of any kind, including lost profits or other indirect or consequential damages, relating to your use of or reliance upon any Marketplace Products in the Comurce Marketplace.
h. Support and Maintenance of Marketplace Products. Any support and maintenance of the Marketplace Products shall be provided by the Publisher and only to the extent described in the EULA. You agree and acknowledge that Comurce has no responsibility for providing such support and maintenance, except when Comurce is the Publisher of such Marketplace Product, in which case such support and maintenance shall be as described in the Comurce EUA. Failure of Publisher to provide support and maintenance will not entitle you to any refund of fees from Comurce in connection with obtaining the applicable Marketplace Product and/or support and maintenance.
The Comurce Marketplace allows you to post reviews of Marketplace Products you have used, and to post comments on such reviews. Such reviews and comments will be posted under your name as submitted to the applicable Comurce.com web pages. If you do not want your name to appear with any reviews or comments, do not post any reviews or comments on the Comurce Marketplace. To be useful to other users, those reviews and comments you post must be made in good faith after reasonable evaluation of the full application. Therefore:
Comurce reserves the right, in its sole discretion and for any reason at any time, to remove or edit any review or comment on the Comurce Marketplace. Content unrelated to a review or comment of the relevant Marketplace Product – for example, discussing Comurce’s employees, business or stock, or those of other companies, or unrelated products or services – is prohibited. In addition, reviews and comments may not contain content that:
a. Compliance with Export Laws and Regulations. You may not use or otherwise export or re-export the Marketplace Products except as authorized by United Kingdom law and the laws of the jurisdiction in which the Licensed Application was obtained. In particular, but without limitation, the Marketplace Products may not be exported or re-exported (a) into any U.K. embargoed countries or (b) to anyone on the U.K Treasury Department’s list of Specially Designated Nationals or the U.K. Department of Commerce Denied Person’s List or Entity List. By using the Marketplace Product, you represent and warrant that you are not located in any such country or on any such list.
b. U.K. Government Users. If you are a U.K. Government end user, the Publisher is providing the Marketplace Products to you as a “Commercial Item” as that term is defined in the U.K. Code of Regulations, and the rights granted to you by the Publisher for the Marketplace Products are the same as the rights the Publisher customarily grant to others under the EULA.
d. Damages Cap. Without limiting the Disclaimer in Section 3.e. or any other Disclaimer of Warranties and/or Limitation of Liability in the EULA: (i) in no event shall Comurce or its agents, its software licensors’ total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) arising out of or related to your use or inability to use the Comurce Marketplace or any Marketplace Products exceed the amount of fifty dollars (£50.00); and (ii) in no event shall Comurce’s total liability to you for all damages arising from your use of the Comurce Marketplace, the Marketplace Products, or information, materials or products included on or otherwise made available to you through the Comurce Marketplace exceed the amount you paid to Comurce to purchase the Marketplace Product related to your claim for damages. These limitations will apply to you even if the remedies fail of their essential purpose.
f. DMCA Process. If you believe that any content in the Comurce Marketplace violates your copyright, please notify Comurce’s copyright agent in writing. The contact information for Comurce’s copyright agent is at the bottom of this section. Comurce cannot take action unless you give us all the required information. In order for Comurce to take action, you must do the following in your notice:
(i) provide your physical or electronic signature;
(ii) identify the copyrighted work that you believe is being infringed;
(iii) identify the item that you thinks is infringing and include sufficient information about where the material is located (including which website) so that Comurce can find it;
(iv) provide Comurce with a way to contact you (such as address, telephone number, or email);
(v) provide a statement that you believe in good faith that the item identified as infringing is not authorized by the copyright owner, its agent, or the law to be used by Comurce; and
(vi) provide a statement that the information you provide in the notice is accurate, and that (under penalty of perjury), you are authorized to act on behalf of the copyright owner whose work is being infringed.
Here is the contact information for Comurce’s copyright agent:
Last amended: February 2019