Citrix Ready

End-user Centric APM

Terms of Service

On-Premises Product Evaluation Agreement

The following On-Premises Product Evaluation Agreement (this “Agreement”) governs the use of any AppEnsure Inc. (“AppEnsure”) product(s) provided by AppEnsure to you (the “Product(s)”).  PLEASE READ THE FOLLOWING AGREEMENT CAREFULLY, AS THEY CONSTITUTE A BINDING LEGAL AGREEMENT BETWEEN YOU AND APPENSURE.  THE PRODUCT(S) ARE AVAILABLE ONLY TO PERSONS WHO CAN FORM LEGALLY BINDING CONTRACTS UNDER APPLICABLE LAW.  WITHOUT LIMITING THE FOREGOING, THE PRODUCT(S) ARE NOT AVAILABLE TO INDIVIDUALS UNDER THE AGE OF 18.  IF YOU DO NOT QUALIFY FOR THE PRODUCT(S), PLEASE DO NOT ATTEMPT TO ACCEPT THIS AGREEMENT OR DOWNLOAD THE PRODUCT(S). 

BY CLICKING “SIGN UP” OR DOWNLOADING THE PRODUCT(S), YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THIS AGREEMENT.  IF YOU WISH TO USE THE PRODUCT(S) IN YOUR CAPACITY AS AN EMPLOYEE, YOU MUST HAVE THE ABILITY TO BIND YOUR EMPLOYER, AND YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF YOUR EMPLOYER.  You and, as applicable, your employer are collectively referred to as the “Recipient”.

Product Delivery

Upon the Recipient’s acceptance of this Agreement, AppEnsure shall provide the Recipient with a copy of the Product(s) for use in accordance with this Agreement. 

Evaluation License

AppEnsure hereby grants the Recipient a limited, non-transferable, non-exclusive, internal license to install, use and evaluate the Product(s) for their intended purposes and to use any accompanying documentation or materials provided by AppEnsure to the Recipient (“Documentation”) for the Recipient’s use of the Product(s) in accordance with this Agreement for a period of thirty (30) days from the date that AppEnsure provides the Product(s) to the Recipient (the “Evaluation Period”).  The Recipient may make a reasonable number of copies of the Product(s) and Documentation as reasonably necessary for Recipient’s internal use thereof in accordance with this Agreement.  The Product(s) may include certain third party software (“Third Party Software”), and your rights to such Third Party Software are in accordance with the separate terms applicable to such Third Party Software (the “Third Party Terms”) as described on AppEnsure’s website or the Documentation. 

Reservation of Rights

The Recipient agrees that all copies of the Product(s) and Documentation and all intellectual property rights in and to the Product(s) and Documentation are owned by AppEnsure or its suppliers.  AppEnsure retains all rights not expressly granted to Recipient under this Agreement.

Restrictions

The Recipient shall not remove any of AppEnsure’s notices from the Product(s) or Documentation or any copies of the foregoing.  The Recipient shall strictly safeguard the Product(s), Documentation and any copies of the foregoing against disclosure or use by persons not authorized by AppEnsure to use the Product(s).  The Recipient agrees that unauthorized disclosure, use or copying of the Product(s) or Documentation will cause great damage to AppEnsure or to any its suppliers.  The Recipient agrees that it will not distribute to any third party the Product(s) or Documentation, any portion thereof, or any program or service derived from the Product(s) or Documentation without the prior written consent of AppEnsure. Recipient agrees that it will not, and will not permit any person or entity to: (a) modify, translate, reverse engineer, decompile, or disassemble the Product(s), (b)  defeat, avoid, bypass, remove, deactivate, or otherwise circumvent any software protection mechanisms in the Product(s), including without limitation any such mechanism used to restrict or control the functionality of the Product(s), or (c)  derive the source code or the underlying ideas, algorithms, structure or organization from the Product(s). 

Disclaimers

Because the Product(s) and Documentation are provided solely for Recipient’s internal use and evaluation, THE RECIPIENT’S USE OF THE PRODUCT(S) AND DOCUMENTATION IS AT THE RECIPIENT’S OWN RISK, AND THE PRODUCT(S) AND DOCUMENTATION ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR ANY PARTICULAR PURPOSE.  Furthermore, AppEnsure has no obligation to provide to Recipient any technical support or maintenance (including without limitation to correct any bugs or other defects) or to provide any patches, updates or upgrades.

Limitation of Liability

NEITHER APPENSURE NOR ANY OF ITS SUPPLIERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL OR INCIDENTAL DAMAGES RELATING TO THE PRODUCT(S) OR DOCUMENTATION, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY (INCLUDING NEGLIGENCE).  IN NO EVENT SHALL APPENSURE OR ANY OF ITS SUPPLIERS HAVE LIABILITY IN EXCESS OF ONE HUNDRED U.S. DOLLARS. 

Termination

AppEnsure may request return of the Product(s) and Documentation and terminate this Agreement in writing at any time, with or without cause.  Upon the earlier of the termination of this Agreement or the end of the Evaluation Period, Recipient shall either:  (a) if AppEnsure agrees to license the Product(s) to Recipient, sign and return to AppEnsure the appropriate Product license agreement and pay AppEnsure the corresponding fees or (b) at AppEnsure’s election, destroy or return to AppEnsure all Product(s) and Documentation, including all copies of the foregoing, and all materials developed by Recipient relating to the Product(s). 

Miscellaneous

  • This Agreement will be governed by California law, without reference to conflicts of laws principles.  All disputes arising out of or in connection with this Agreement will be settled by binding arbitration in San Francisco, California under the rules of arbitration of the American Arbitration Association.  Judgment on the arbitrator’s award may be entered in any court having jurisdiction thereof.  Notwithstanding the foregoing arbitration provision, AppEnsure may apply to any court of competent jurisdiction for injunctive relief. 
  • Recipient may not assign this Agreement without AppEnsure’s consent.  AppEnsure may freely assign this Agreement. 
  • Any suggestions provided by Recipient to AppEnsure with respect to AppEnsure’s products or services shall be collectively deemed “Feedback.”  Recipient agrees to grant and hereby grants to AppEnsure a nonexclusive, perpetual, irrevocable, royalty free, worldwide license to use and otherwise exploit such Feedback within any AppEnsure products and services.   
  • This Agreement is the entire agreement with respect to the subject matter hereof and may only be modified in writing. 
  • The Recipient agrees not to export or re-export, or cause to be exported or re-exported, the Product(s), or the direct product of such Product(s), to any country which, under the laws of the United States, Recipient is or might be prohibited from exporting its technology or the direct product thereof. 

Service Evaluation Agreement

The following Service Evaluation Agreement (this “Agreement”) governs the use of any AppEnsure Inc. (“AppEnsure”) service(s) made available by AppEnsure to you (the “Service(s)”).  PLEASE READ THE FOLLOWING AGREEMENT CAREFULLY, AS THEY CONSTITUTE A BINDING LEGAL AGREEMENT BETWEEN YOU AND APPENSURE.  THE SERVICE(S) ARE AVAILABLE ONLY TO PERSONS WHO CAN FORM LEGALLY BINDING CONTRACTS UNDER APPLICABLE LAW.  WITHOUT LIMITING THE FOREGOING, THE SERVICE(S) ARE NOT AVAILABLE TO INDIVIDUALS UNDER THE AGE OF 18.  IF YOU DO NOT QUALIFY FOR THE SERVICE(S), PLEASE DO NOT ATTEMPT TO ACCEPT THIS AGREEMENT OR ACCESS THE SERVICE(S). 

BY CLICKING “SIGN UP” OR ACCESSING THE SERVICE(S), YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THIS AGREEMENT.  IF YOU WISH TO USE THE SERVICE(S) IN YOUR CAPACITY AS AN EMPLOYEE, YOU MUST HAVE THE ABILITY TO BIND YOUR EMPLOYER, AND YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF YOUR EMPLOYER.  You and, as applicable, your employer are collectively referred to as the “Recipient”.

Service Availability

Upon the Recipient’s acceptance of this Agreement, AppEnsure shall make the Service(s) available to the Recipient for use in accordance with this Agreement. 

Evaluation License

AppEnsure hereby grants the Recipient a limited, non-transferable, non-exclusive, internal license to use and evaluate the Service(s) for their intended purposes and to use any accompanying documentation or materials provided by AppEnsure to the Recipient (“Documentation”) for the Recipient’s use of the Service(s) in accordance with this Agreement for a period of thirty (30) days from the date that AppEnsure makes the Service(s) available to the Recipient (the “Evaluation Period”).  The Recipient may make a reasonable number of copies of the Documentation for the Recipient’s internal use only.  The Service(s) may include certain third party software (“Third Party Software”), and your rights to such Third Party Software are in accordance with the separate terms applicable to such Third Party Software (the “Third Party Terms”) as described on AppEnsure’s website or the Documentation.

Reservation of Rights

The Recipient agrees that all copies of the Documentation and all intellectual property rights in and to the Service(s) and Documentation are owned by AppEnsure or its suppliers. AppEnsure retains all rights not expressly granted to Recipient under this Agreement.

Availability

AppEnsure reserves the right, at any time, in AppEnsure’s sole discretion, to modify the Service(s), to limit the Recipient’s access to the Service(s) or to suspend or otherwise cease providing the Service(s).  AppEnsure makes no representations or warranties regarding the availablility of the Service.

Restrictions

The Recipient shall not remove any of AppEnsure’s notices from the Documentation or any copies of the foregoing.  The Recipient shall strictly safeguard the Recipient’s access credentials for the Services, Documentation and any copies thereof against disclosure or use by persons not authorized by AppEnsure to use the Service(s).  The Recipient agrees that unauthorized disclosure or use of the Service(s) or Documentation or unauthorized copying of the Documentation will cause great damage to AppEnsure or to any its suppliers.  The Recipient agrees that it will not make available to any third party the Service(s) or Documentation, any portion thereof, or any program or services derived from the Service(s) or Documentation without the prior written consent of AppEnsure. Recipient agrees that it will not, and will not permit any person or entity to: (a) modify, translate, reverse engineer, decompile, or disassemble the Service(s), (b)  defeat, avoid, bypass, remove, deactivate, or otherwise circumvent any software protection mechanisms in the Service(s), including without limitation any such mechanism used to restrict or control the functionality of the Service(s), or (c)  derive the source code or the underlying ideas, algorithms, structure or organization from the Service(s).

No Warranties

Because the Service(s) and Documentation are provided solely for Recipient’s internal use and evaluation, THE RECIPIENT’S USE OF THE SERVICE(S) AND DOCUMENTATION IS AT THE RECIPIENT’S OWN RISK, AND THE SERVICE(S) AND DOCUMENTATION ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR ANY PARTICULAR PURPOSE.  Furthermore, AppEnsure has no obligation to provide to Recipient any technical support or maintenance (including without limitation to correct any bugs or other defects) or to make available any updates or upgrades.

Limitation of Liability

NEITHER APPENSURE NOR ANY OF ITS SUPPLIERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL OR INCIDENTAL DAMAGES RELATING TO THE SERVICE(S) OR DOCUMENTATION, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY (INCLUDING NEGLIGENCE).  IN NO EVENT SHALL APPENSURE OR ANY OF ITS SUPPLIERS HAVE LIABILITY IN EXCESS OF ONE HUNDRED U.S. DOLLARS. 

Termination

AppEnsure may terminate the Service(s) and this Agreement in writing at any time, with or without cause.  Upon the earlier of the termination of this Agreement or the end of the Evaluation Period, Recipient shall either:  (a) if AppEnsure agrees to continue providing the Service(s) to Recipient, sign and return to AppEnsure the appropriate service agreement and pay AppEnsure the corresponding fees or (b) cease all use of the Service(s) and at AppEnsure’s election, destroy or return to AppEnsure all Documentation, including all copies thereof, and all materials developed by Recipient relating to the Service(s). 

Miscellaneous

  • This Agreement will be governed by California law, without reference to conflicts of laws principles.  All disputes arising out of or in connection with this Agreement will be settled by binding arbitration in San Francisco, California under the rules of arbitration of the American Arbitration Association.  Judgment on the arbitrator’s award may be entered in any court having jurisdiction thereof.  Notwithstanding the foregoing arbitration provision, AppEnsure may apply to any court of competent jurisdiction for injunctive relief. 
  • Recipient may not assign this Agreement without AppEnsure’s consent.  AppEnsure may freely assign this Agreement. 
  • Any suggestions provided by Recipient to AppEnsure with respect to AppEnsure’s products or services shall be collectively deemed “Feedback.”  Recipient agrees to grant and hereby grants to AppEnsure a nonexclusive, perpetual, irrevocable, royalty free, worldwide license to use and otherwise exploit such Feedback within any AppEnsure products and services.   
  • This Agreement is the entire agreement with respect to the subject matter hereof and may only be modified in writing. 
  • The Recipient agrees not to export or re-export, or cause to be exported or re-exported, the Service(s), or the direct product of such Service(s), to any country which, under the laws of the United States, Recipient is or might be prohibited from exporting its technology or the direct product thereof. 

VAR Product Evaluation Agreement

The following VAR Product Evaluation Agreement (this “Agreement”) governs the use of any AppEnsure Inc. (“AppEnsure”) product(s) provided by AppEnsure to you (the “Product(s)”).  PLEASE READ THE FOLLOWING AGREEMENT CAREFULLY, AS THEY CONSTITUTE A BINDING LEGAL AGREEMENT BETWEEN YOU AND APPENSURE.  THE PRODUCT(S) ARE AVAILABLE ONLY TO PERSONS WHO CAN FORM LEGALLY BINDING CONTRACTS UNDER APPLICABLE LAW.  WITHOUT LIMITING THE FOREGOING, THE PRODUCT(S) ARE NOT AVAILABLE TO INDIVIDUALS UNDER THE AGE OF 18.  IF YOU DO NOT QUALIFY FOR THE PRODUCT(S), PLEASE DO NOT ATTEMPT TO ACCEPT THIS AGREEMENT OR DOWNLOAD THE PRODUCT(S). 

BY CLICKING “SIGN UP” OR DOWNLOADING THE PRODUCT(S), YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THIS AGREEMENT.  IF YOU WISH TO USE THE PRODUCT(S) IN YOUR CAPACITY AS AN EMPLOYEE, YOU MUST HAVE THE ABILITY TO BIND YOUR EMPLOYER, AND YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF YOUR EMPLOYER.  You and, as applicable, your employer are collectively referred to as the “Recipient”.

Product Delivery; Projects

Upon the Recipient’s acceptance of this Agreement, AppEnsure shall provide the Recipient with a copy of the Product(s) for use for projects expressly approved in writing by AppEnsure (“Approved Projects”) in accordance with this Agreement. 

Evaluation License

AppEnsure hereby grants the Recipient a limited, non-transferable, non-exclusive, internal license to install, use and evaluate the Product(s) for their intended purposes as part of the Approved Project and to use any accompanying documentation or materials provided by AppEnsure to the Recipient (“Documentation”) for the Recipient’s use of the Product(s) in accordance with this Agreement for a period of sixty (60) days from the date that AppEnsure provides the Product(s) to the Recipient (the “Evaluation Period”).  The Recipient may make a reasonable number of copies of the Product(s) and Documentation as reasonably necessary for Recipient’s internal use thereof in accordance with this Agreement.  The Product(s) may include certain third party software (“Third Party Software”), and your rights to such Third Party Software are in accordance with the separate terms applicable to such Third Party Software (the “Third Party Terms”) as described on AppEnsure’s website or the Documentation. 

Reservation of Rights

The Recipient agrees that all copies of the Product(s) and Documentation and all intellectual property rights in and to the Product(s) and Documentation are owned by AppEnsure or its suppliers.  AppEnsure retains all rights not expressly granted to Recipient under this Agreement.

Restrictions

The Recipient shall not remove any of AppEnsure’s notices from the Product(s) or Documentation or any copies of the foregoing.  The Recipient shall strictly safeguard the Product(s), Documentation and any copies of the foregoing against disclosure or use by persons not authorized by AppEnsure to use the Product(s).  The Recipient agrees that unauthorized disclosure, use or copying of the Product(s) or Documentation will cause great damage to AppEnsure or to any its suppliers.  The Recipient agrees that it will not distribute to any third party the Product(s) or Documentation, any portion thereof, or any program or service derived from the Product(s) or Documentation without the prior written consent of AppEnsure. Recipient agrees that it will not, and will not permit any person or entity to: (a) modify, translate, reverse engineer, decompile, or disassemble the Product(s), (b)  defeat, avoid, bypass, remove, deactivate, or otherwise circumvent any software protection mechanisms in the Product(s), including without limitation any such mechanism used to restrict or control the functionality of the Product(s), or (c)  derive the source code or the underlying ideas, algorithms, structure or organization from the Product(s). 

Disclaimers

Because the Product(s) and Documentation are provided solely for Recipient’s internal use and evaluation, THE RECIPIENT’S USE OF THE PRODUCT(S) AND DOCUMENTATION IS AT THE RECIPIENT’S OWN RISK, AND THE PRODUCT(S) AND DOCUMENTATION ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR ANY PARTICULAR PURPOSE.  Furthermore, AppEnsure has no obligation to provide to Recipient any technical support or maintenance (including without limitation to correct any bugs or other defects) or to provide any patches, updates or upgrades.  AppEnsure’s approval of any project in connection with this Agreement is not intended to be, and shall not be construed as, any commitment, representation or warranty by AppEnsure in connection with the project or the use of the Product(s) for the project.  Nothing in this Agreement shall obligate either Party to proceed with any project or transaction.  

Limitation of Liability

NEITHER APPENSURE NOR ANY OF ITS SUPPLIERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL OR INCIDENTAL DAMAGES RELATING TO THE PRODUCT(S) OR DOCUMENTATION, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY (INCLUDING NEGLIGENCE).  IN NO EVENT SHALL APPENSURE OR ANY OF ITS SUPPLIERS HAVE LIABILITY IN EXCESS OF ONE HUNDRED U.S. DOLLARS.

Termination

AppEnsure may request return of the Product(s) and Documentation and terminate this Agreement in writing at any time, with or without cause.  Upon the earlier of the termination of this Agreement or the end of the Evaluation Period, Recipient shall:  (a) if AppEnsure agrees to license the Product(s) to Recipient or Recipient’s customer, return to AppEnsure a copy of the appropriate Product license agreement signed by either Recipient or Recipient’s customer or reseller agreement signed by Recipient and pay AppEnsure the corresponding fees or (b) at AppEnsure’s election, destroy or return to AppEnsure all Product(s) and Documentation, including all copies of the foregoing, and all materials developed by Recipient relating to the Product(s).

Miscellaneous

  • This Agreement will be governed by California law, without reference to conflicts of laws principles.  All disputes arising out of or in connection with this Agreement will be settled by binding arbitration in San Francisco, California under the rules of arbitration of the American Arbitration Association.  Judgment on the arbitrator’s award may be entered in any court having jurisdiction thereof.  Notwithstanding the foregoing arbitration provision, AppEnsure may apply to any court of competent jurisdiction for injunctive relief.
  • Recipient may not assign this Agreement without AppEnsure’s consent.  AppEnsure may freely assign this Agreement. 
  • Any suggestions provided by Recipient to AppEnsure with respect to AppEnsure’s products or services shall be collectively deemed “Feedback.”  Recipient agrees to grant and hereby grants to AppEnsure a nonexclusive, perpetual, irrevocable, royalty free, worldwide license to use and otherwise exploit such Feedback within any AppEnsure products and services.
  • This Agreement is the entire agreement with respect to the subject matter hereof and may only be modified in writing. 
  • The Recipient agrees not to export or re-export, or cause to be exported or re-exported, the Product(s), or the direct product of such Product(s), to any country which, under the laws of the United States, Recipient is or might be prohibited from exporting its technology or the direct product thereof.