The “Application(s)” or “App(s)” means the File Sharing Widget application made available to You from NAVOMI.
“Hosting Service” means the global Amazon Web Services servers where the Application and NAVOMI Platform are hosted in their global infrastructure found on their website at https://aws.amazon.com/about-aws/global-infrastructure/
“NAVOMI Platform” means the NAVOMI middleware application that support File Sharing Widget on Hosting Service.
“NAVOMI” means NAVOMI, Inc.
“You” means a user of the Application who also maintains active applicable LivePerson Platform accounts.
GENERAL: NAVOMI is making the Application available to You for use within the LivePerson Platform. Your obligations under the applicable NAVOMI Platform agreement shall remain in full force and effect with respect to all uses of the Application. By downloading this Application you agree to be bound by the terms and conditions herein and any additional terms and conditions as set forth by the Hosting Service.
LICENSE: By downloading, registering, deploying the Application, NAVOMI grants You a royalty-free, non-exclusive, non assignable, non-transferable, terminable right to use the Application solely in connection with Your internal business purposes.
TERMINATION: NAVOMI reserves the right to discontinue any distribution of this Application and terminate all existing licenses immediately without notice if You breach this Agreement or immediately on notice if You fail to comply with your payment obligations herein. If NAVOMI elects to terminate any licenses, You shall immediately cease all uses of the Application.
FEES: Any applicable fees shall be invoiced by NAVOMI and will be payable within 30 days of Your receipt of invoice.
USER RESPONSIBILITIES: When using the Applications, You are responsible for (i) all activities occurring within the Application; (ii) all data that You use in connection with the Application; and (iii) providing NAVOMI with accurate and complete information in order to access the Application. You represent and warrant, that you will keep Your account and user information current and notify us if it needs to be updated. You also agree that You will not mask or misrepresent Your identity or sell, transfer, sublicense or provide Your account credentials to another party. NAVOMI takes no responsibility for any data or uses of the Application. In addition, You shall comply with all applicable local, state, federal and foreign laws and regulations in using the Application and shall not license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, time share or otherwise commercially exploit the Application.
DATA DISCLOSURE: You acknowledge and agree that when You use this Application all of Your data is stored by NAVOMI Platform for the duration agreed by You and NAVOMI in the respective Statement of Work.
SUPPORT SERVICES: NAVOMI will support this Application according to the Terms in the respective Statement of Work.
THE APP IS PROVIDED “AS IS,” WITHOUT ANY WARRANTY OR CONDITION OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE. NAVOMI EXPRESSLY DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY AND NON-INFRINGEMENT. THE ENTIRE RISK ARISING OUT OF ACCESS, USE OR PERFORMANCE OF THE APPLICATION REMAINS WITH YOU AND YOU ARE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE YOU MAY INCUR. NAVOMI MAKES NO WARRANTY THAT ACCESS TO OR USE OF THE APPLICATION WILL MEET YOUR REQUIREMENTS, OR THAT SUCH ACCESS AND USE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE.
IN NO EVENT SHALL NAVOMI HAVE ANY LIABILITY FOR YOUR OR THIRD PARTY CODE, APPLICATIONS, SOFTWARE, OR TECHNOLOGY OR ANY DAMAGES WHATSOEVER AS CONTEMPLATED BY LAW, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR DAMAGES BASED ON LOST PROFITS, HOWEVER CAUSED AND, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY.