myappsense.com

Terms and Conditions

Company Information and Trademarks

The AppSense Group of Companies are AppSense Holdings Limited (UK Regd No 04624261) Headquartered in the UK, and its wholly owned subsidiaries AppSense Limited (UK Regd No 03873980), AppSense GmBH, AppSense Incorporated and SmartPeak Limited (UK Regd Number 05643559) with branch offices in Netherlands and Australia.

AppSense and the AppSense logo are registered Trademarks in Europe and the United States of America.

AppSense is a registered Trademark in Europe and in the USA

AppSense has a number of existing Patents and International Patents Pending on its software. Performance Manager is a registered Patent.

AppSense and VMware

AppSense confirms that it supports customers running AppSense Management Suite on supported Operating Systems in a VMware virtual machine environment. AppSense will provide support for AppSense Management Suite running in a VMware virtual environment in an identical manner as with AppSense Management Suite running on any other major x86 based systems without initially requiring reproduction of issues on native hardware. Should AppSense suspect that the virtualization layer is the root cause of an incident, the customer will be required to contact the appropriate VMware support provider to resolve the VMware issue.

AppSense.com Terms and Conditions

This Web site is provided by AppSense Limited of 3200 Daresbury Park, Daresbury, Warrington, WA4 4BU (AppSense Ltd.) and may be used for information purposes only. By using the site or downloading materials from the site, you agree to abide by the terms and conditions set forth in this notice. If you do not agree to abide by these terms and conditions do not use the site or download materials from the site.

Limited Licence
Subject to the terms and conditions set forth in this Agreement, Appsense Ltd grants you a non-exclusive, non-transferable, limited right to access, use and display this site and the materials thereon. You agree not to interrupt or attempt to interrupt the operation of the site in any way.

Appsense Ltd authorizes you to view and download the information ("Materials") at this Web site ("Site") only for your personal, non-commercial use. This authorisation is not a transfer of title in the Materials and copies of the Materials and is subject to the following restrictions: i) you must retain, on all copies of the Materials downloaded, all copyright and other proprietary notices contained in the Materials; ii) you may not modify the Materials in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose; and iii) you must not transfer the Materials to any other person unless you give them notice of, and they agree to accept, the obligations arising under these terms and conditions of use. You agree to abide by all additional restrictions displayed on the Site as it may be updated from time to time. This Site, including all Materials, is copyrighted and protected by worldwide copyright laws and treaty provisions. You agree to comply with all copyright laws worldwide in your use of this Site and to prevent any unauthorised copying of the Materials. Except as expressly provided herein, Appsense Ltd does not grant any express or implied right to you under any patents, trademarks, copyrights or trade secret information.

Disclaimer
THE MATERIALS MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL ERRORS. Appsense Ltd DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE MATERIALS OR THE RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE SITE. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY SUCH OPINION, ADVICE, STATEMENT, MEMORANDUM, OR INFORMATION SHALL BE AT YOUR SOLE RISK. Appsense Ltd RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THE SITE. Appsense Ltd MAY MAKE ANY OTHER CHANGES TO THE SITE, THE MATERIALS AND THE PRODUCTS, PROGRAMS, SERVICES OR PRICES (IF ANY) DESCRIBED IN THE SITE AT ANY TIME WITHOUT NOTICE.
THIS SITE, THE INFORMATION AND MATERIALS ON THE SITE, AND THE SOFTWARE MADE AVAILABLE ON THE SITE, ARE PROVIDED "AS IS" WITHOUT ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE. SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

Third Party Sites
As a convenience to you, Appsense Ltd may provide, on this Site, links to Web sites operated by other entities. If you use these sites, you will leave this Site. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. Appsense Ltd makes no warranty or representation regarding, and does not endorse, any linked Web sites or the information appearing thereon or any of the products or services described thereon. Links do not imply that Appsense Ltd or this Site sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked site is authorized to use any trademark, trade name, logo or copyright symbol of Appsense Ltd or any of its affiliates or subsidiaries.

Information Provided By You
Appsense Ltd does not want you to, and you should not, send any confidential or proprietary information to Appsense Ltd via the Site. You agree that any information or materials that you or individuals acting on your behalf provide to Appsense Ltd will not be considered confidential or proprietary. By providing any such information or materials to Appsense Ltd, you grant to Appsense Ltd an unrestricted, irrevocable, worldwide, royalty-free license to use, reproduce, display, publicly perform, transmit and distribute such information and materials, and you further agree that Appsense Ltd is free to use any ideas, concepts or know-how that you or individuals acting on your behalf provide to Appsense Ltd. You further recognize that Appsense Ltd does not want you to, and you warrant that you shall not, provide any information or materials to Appsense Ltd that is defamatory, threatening, obscene, harassing, or otherwise unlawful, or that incorporates the proprietary material of another.

Limitations of Damages
IN NO EVENT SHALL Appsense Ltd OR ANY OF ITS SUBSIDIARIES BE LIABLE TO ANY ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM) THAT ARE RELATED TO THE USE OF, OR THE INABILITY TO USE, THE CONTENT, MATERIALS, AND FUNCTIONS OF THE SITE OR ANY LINKED WEBSITE, EVEN IF Appsense Ltd IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Changes
Appsense Ltd reserves the right, at its sole discretion, to change, modify, add or remove any portion of this Agreement in whole or in part, at any time. Changes in this Agreement will be effective when notice of such change is posted. Your continued use of the Site after any changes to this Agreement are posted will be considered acceptance of those changes.
Appsense Ltd may terminate, change, suspend or discontinue any aspect of the Appsense Ltd Site, including the availability of any features of the Site, at any time. Appsense Ltd may also impose limits on certain features and services or restrict your access to parts or all of the Site without notice or liability. Appsense Ltd may terminate the authorization, rights and license given above and, upon such termination, you shall immediately destroy all Materials.

International Users and Choice of Law
This Site is controlled, operated and administered by Appsense Ltd from its offices within the United Kingdom. Appsense Ltd makes no representation that materials at this site are appropriate or available for use at other locations outside of the United Kingdom and access to them from territories where their contents are illegal is prohibited. You may not use the Site or export the Materials in violation of UK export laws and regulations. If you access this Site from locations outside of the UK, you are responsible for compliance with all local laws. These Terms and Conditions of use shall be governed by the laws of the United Kingdom, without giving effect to its conflict of laws provisions. This Agreement constitutes the entire agreement between Appsense Ltd and you with respect to your use of the Site. If for any reason a court of competent jurisdiction finds any provision of the Agreement or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the Agreement, and the remainder of this Agreement shall continue in full force and effect.

WEBLOG Commonly known as "Blog"
You the user of the AppSense website and its services acknowledge that all information, data, text, software, music, sound, photographs, graphics, video, messages and other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not AppSense are entirely responsible for all Content that you upload, post, email or otherwise transmit via the Weblog Service available on our site. AppSense does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You acknowledge that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will AppSense be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via the Weblog Service.
You agree to not use the Weblog Service to:

  1. upload, post, email or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
  2. harm minors in any way;
  3. impersonate any person or entity, including, but not limited to, an AppSense employee, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  4. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
  5. upload, post, email or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  6. upload, post, email or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
  7. upload, post, email or otherwise transmit any unsolicited or unauthorised advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation,;
  8. upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  9. disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
  10. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
  11. intentionally or unintentionally violate any applicable law or regulation including, but not limited to, regulations promulgated by any securities exchange;
  12. "stalk" or otherwise harass another; or
  13. collect or store personal data about other users.

You acknowledge that AppSense does not pre-screen Content, but that Appsense and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Weblog Service. Without limiting the foregoing, AppSense and its designees shall have the right to remove any Content that violates the Terms set out herein or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by AppSense on the website or submitted to AppSense on the Weblog or site including without limitation information in Message Boards, Message Groups, and in all other parts of the Weblog Service.

End User Software Licence Agreement

The terms and conditions of this End User Software Licence Agreement constitute the only basis on which AppSense agrees to supply the Software. All reasonable efforts have been undertaken to bring to your attention the terms and conditions of this Agreement and Licence herein.

1 Agreement

1.1 This End User Software Licence Agreement ("Agreement") is a binding agreement between you, the end-user ("End User"), and AppSense Limited of 3200 Daresbury Park, Daresbury Warrington WA4 4BU, England ("AppSense"). PLEASE READ THIS LICENCE AGREEMENT CAREFULLY BEFORE INSTALLING, USING OR DOWNLOADING THIS SOFTWARE PROGRAM. OPENING THE PACKAGING BY BREAKING THE SEAL, INSTALLATION AND/OR USE OF THIS SOFTWARE PROGRAM INDICATES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THEM, PROMPTLY RETURN THE MEDIA, THE PACKAGE AND THE ACCOMPANYING ITEMS TO THE PLACE FROM WHICH THEY WERE OBTAINED FOR A REFUND.

1.2 The term " Software" in this Agreement shall mean the machine-readable version of any AppSense computer program

1.3 AppSense Software programs are protected by copyright laws, international copyright treaties and intellectual property laws and treaties.

2 Grant of Licence

2.1 You may use the Software in accordance with the terms and conditions of the following licence ("Licence"):

2.2 You are purchasing the media or download file on which the Software is recorded or embedded only, and nothing contained in this Licence shall be construed as an assignment or transfer of any copyright, design right or other intellectual property rights in the Software, all of which rights are reserved and owned by AppSense.

2.3 Subject to you complying with the obligations hereunder AppSense hereby grants you a non-exclusive, non-sublicenseable and non-transferable Licence to use the Software in the form in which it is supplied at the time of delivery in accordance with and subject to payment of the appropriate Licence fees for the number of Servers (defined as a computer running a server operating system either physically or virtually), Computer Processing Units (CPUs) or desktops/laptops (defined as a computer running a desktop operating system both physically and in any virtual sessions) permitted as set out in you order documentation. A CPU being a processor made up from a single chip that houses a collection of one or more cores. You shall be responsible for and ensure that the Software is properly licensed for the number of Servers, CPUs or desktops as permitted under this Clause 2.3. The Software may only be used for internal business purposes.

2.4 You may make copies of the Software as reasonably required for backup or installation purposes. Such copies and the media on which they are stored shall be the property of AppSense and you shall ensure that all such copies bear AppSense proprietary notices. This clause shall apply to all such copies as it applies to the Software.

2.5 To the extent that the law grants you the right to configure the Software in order to obtain information necessary to render the Software interoperable with other computer programs used by you, AppSense undertakes to make such information readily available to you. AppSense shall have the right to impose reasonable conditions on release of such information including applying a reasonable fee for doing so. In order to ensure that you receive the appropriate information, you must first give AppSense sufficient details of your objectives and the other software concerned.

2.6 The Licence shall remain effective without limit in time unless and until you fail to abide by the terms of this Licence or this Licence is terminated by AppSense in which case the Licence will terminate automatically and immediately. Upon termination of the Licence, you shall deliver up to AppSense the media on which such Software is recorded or embedded (and all copies thereof (if any) in your possession) or, at AppSense’s option, shall erase or otherwise destroy the Software (and all copies thereof (if any) in your possession) and shall certify to AppSense that the same has been done.

3 Restrictions

3.1 You shall not alter, modify, adapt or translate the whole or any part of the Software in any way whatsoever nor permit the whole or any part of the Software to be combined with or become incorporated in any other computer programs nor decompile, disassemble, create derivative works from, reverse engineer to any human-perceivable form nor attempt to do any such things except to the extent and in the circumstances expressly required to be permitted by AppSense or by law.

3.2 Unauthorised use or modifications (as in accordance with this Agreement) of the Software by you shall be deemed to be breach of contract and AppSense shall be entitled to terminate the Agreement forthwith. Any use of the Software by you not in accordance with this Licence or after the aforementioned termination shall be regarded as unauthorised and unlicenced.

3.3 You are not permitted to rent, lease, sub-licence or lend any part of the Software or its associated documentation. You are not permitted to assign, novate or subcontract any rights or obligations of the Software or the Licence or this Agreement to any third party.

4 Limited Warranty

4.1 AppSense's warranty is limited to the extent that, for a period of 90 days from the date of delivery of the Software to you, the Software will substantially conform to applicable AppSense published user manual/documentation specification. AppSense does not warrant that the Software will be error free. This warranty shall not apply if you: (i) make or cause to be made any modifications to the Software without the written consent of AppSense; or (ii) the Software is used in combination with any software or materials not supplied by AppSense or its suppliers; or (iii) the Software is used in an application, or purpose or environment for which it was not intended; or (iv) the Software is used other than is permitted under this Agreement/Licence.

4.2 AppSense's products and Software are not designed, intended or authorised for use in any life saving or life sustaining systems, or for any other application in which the failure of the product could create a situation where personal injury or death may occur. Anyone using or selling products for use in such systems does so at their own risk, although Appsense does not restrict in any way its liability for Death or personal injury caused by its error or omissions.

5 Exclusive Remedy

5.1 Your exclusive remedy and AppSense’s entire liability under this warranty shall be for AppSense to use reasonable efforts to remedy any failure of the Software to conform to its specifications provided the failure is reported to AppSense or your supplier in writing within the warranty period. This warranty is void if failure of the Software has resulted from accident, abuse or misapplication. Replacement Software will be warranted for the remainder of the original warranty period or 30 days, whichever is longer.

6 IPR Indemnity

6.1 Notwithstanding Clause 6.2 and subject always to Clause 7.2 AppSense will indemnify and keep you indemnified against claims, that the use of the AppSense Software in the form in which it was supplied, infringes the intellectual property rights of a third party provided that you will not have the benefit of this indemnity if you have failed to promptly give AppSense written notice of a claim, or you have not provided all reasonable assistance to AppSense to enable AppSense to defend the claim, or AppSense has not been given the right to control the defence or settlement of any claim.

6.2 Where AppSense is in breach of Clause 6.1, your sole remedy will be at AppSense’s option that AppSense shall procure for you the right to continue the use of the Software, or to provide modifications to keep the Software in substantial conformity, or replace the Software so as to avoid infringement or terminate this Agreement immediately on written notice and refund the Licence fee paid less a reasonable charge for its use to the date of termination.

7 Liability

7.1 Subject to 7.2 In no event will AppSense or its associated companies be liable for: (a) incidental; (b) consequential; (c) special or indirect damages whatsoever; (d) damages for loss of business; (e) loss of profits; (f) business interruption; (g) loss of business information or data; (h) other pecuniary loss regardless of the form of action, whether in contract, tort (including negligence), (i) breach of warranty or otherwise, even if AppSense has been advised as to the possibility of such damages.

7.2 Subject and without prejudice to Clauses 6.1, and 7.1, and without prejudice to your obligation to pay the Licence fee hereunder, the parties' maximum liability (but excluding liability for death or personal injury, or fraudulent misrepresentation) under this Agreement is limited in respect of each event or series of connected events in any twelve month period as follows:

a) £1,000,000 in respect of physical damage to or loss of tangible property;

b) £100,000 in respect of all other events.

7.3 The parties' sole obligations and liabilities are as stated in this Agreement and all other representations (innocent or negligent), conditions, warranties and terms express or implied whether by statute, law or otherwise including those made prior to the date of licensing the Software are hereby excluded to the full extent permitted by law.

8 General

8.1 Some jurisdictions do not allow the exclusion or limitation of implied warranties or liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you. This warranty gives you specific legal rights and you may also have other rights that vary from jurisdiction to jurisdiction.

8.2 Without prejudice to any of its other rights or the Contracts (Rights of Third Parties) Act 1999, AppSense, its associated companies or any of its appointed suppliers or resellers of AppSense Software shall be permitted and entitled to enforce this Agreement or the Licence herein against you.

8.3 This Licence shall be governed by and construed in accordance with the laws of England and Wales and the parties hereby agree to submit to the non-exclusive jurisdiction of the English courts. The United Nations conventions on contracts for the international sales of goods shall not apply to this Licence or Agreement.

8.4 AppSense Software is a modular software program and any additional functionality/modules are chargeable and excluded from upgrade/software subscription schemes. AppSense use personal information in accordance with its privacy policy available on its website.
www.appsense.com

Our Privacy Policy

AppSense Limited sets out its policy under the requirements under the Data Protection Act 1998 as the data controller for the use of personal information. AppSense will employ reasonable efforts to bring this policy to your attention and where appropriate provide options in relation to treatment of your personal information. Personal information includes names, addresses, telephone, fax, email address, title/positions and other such information relating to you as an individual whether you are acting in your own capacity or working in business. AppSense collects personal information in a variety of ways whether you or your organization have made contact with AppSense, or AppSense has made contact with you. This may include but is not limited to telephone, email, attending training courses, seminars or events, questionnaires or other promotional campaigns.

AppSense collects this information in its secure databases in order to record and support your interest in AppSense for providing IT products and services, administration, marketing, training, verification for when accessing secure areas (e.g. My-AppSense). AppSense will also use the information for sales, customer surveys, marketing via telephone, email, post or SMS. AppSense may provide your information to AppSense suppliers, contractors, partners, goods and service providers and agents for these purposes. Beyond these purposes personal information is also used for the following:

The above points are options AppSense will present to you to determine whether or not your personal information should be used to participate in the same, unless you have already exercised your options from the outset when providing your personal information. From time to time it may be necessary to clarify options you may have exercised, for instance when it is not clear where you do not wish your personal information to be used.Or, if fresh/new opportunities present themselves that may be of interest to you and we may request you to make a decision.

By supplying your information to AppSense you consent to it being processed or transferred outside of the EEA.

You in turn may provide personal information to AppSense relating to another individual and this information is given and received by AppSense on the basis the other individual has given their agreement and consent to the passing-on of their personal information for AppSense to use as provided in this policy.

Monitoring Communications
AppSense monitor and/or record communications for the purposes of improvement of AppSense goods and services and staff training. Use of Cookies

The AppSense website employs the use of cookies to facilitate your visit and make browsing easier. Cookies will not contain and are not used to collect personal information. However, our web servers automatically log the IP/Internet address of your computer, this information does not identify you personally.

Updates and Amendments
You have the right to access and correct your personal information and privacy preferences. This may be accomplished from time to time when AppSense may contact you or by you in writing to the Data Base Manager at dbasemanager@appsense.com or by calling the Data Base Manager on 01925 66 72 00. AppSense reserves all rights including intellectual property, copyright, database rights and the right to update or amend this Policy.