BY ACCESSING, DOWNLOADING, INSTALLING, COPYING OR OTHERWISE USING THE ISOMORPHIC SMARTCLIENT SOFTWARE AND DOCUMENTATION THAT ACCOMPANY THIS AGREEMENT (THE "SOFTWARE"), YOU ARE AGREEING TO ALL OF THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, YOU MAY NOT ACCESS, DOWNLOAD, INSTALL, COPY OR USE THE SOFTWARE.
INTERNAL EVALUATION USE ONLY: Your use of the Software is limited to internal evaluation purposes only. Deployment or external exposure of works which use the Software is not permitted under the terms of this Agreement. You must acquire a deployment license for the Software from Isomorphic Software in order to deploy such works. Contact licensing@isomorphic.com for more information.
1. LICENSE GRANTS
Subject to all the terms of this Agreement, Isomorphic hereby grants to you a one-time, royalty-free, non-exclusive, non-transferable, non-sublicenseable license to copy and use the Software solely for internal evaluation purposes for a period of 60 DAYS from your first access, download, installation, or use of the Software ("Evaluation Period"). You may (i) access, download, install, and copy the Software on a reasonable number of development systems within your company; and (ii) use the Software only for internal evaluation purposes.
2. LICENSE OBLIGATIONS
You agree that you shall not: (i) reverse compile, reverse engineer, disassemble, unobfuscate, reformat, or otherwise attempt to read or make readable the Object Code or Source Code (or the underlying ideas, algorithms, structure or organization) of the Software, in whole or in part; (ii) modify the Software or create any derivative work based on the Software; (iii) rent, lease, sell, sublicense, grant a security interest in, or otherwise transfer any rights in the Software; (iv) remove or alter any marks or proprietary notices or labels contained in the Software; (v) use the Software in any manner that violates any intellectual property or privacy rights of any third party; or (vi) use the Software in any manner that violates any applicable international, federal, state or local law or regulation.
3. TITLE
Isomorphic and its suppliers retain all right, title and interest in and to the Software, including, without limitation, all copyrights, trademarks, patents, trade secrets, proprietary and other intellectual property rights contained in or associated with the Software, all copies thereof, and all enhancements or modifications thereto.
4. WARRANTY; LIMITATION OF LIABILITY
The Software is provided "AS IS" and without any warranty of any kind. ISOMORPHIC DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE SOFTWARE. The Software is provided gratuitously and, therefore, Isomorphic shall not be liable or obligated to you or any other party with respect to any subject matter of this Agreement for any direct, indirect, incidental, special, punitive or consequential damages under any theory of liability whether in tort, contract, negligence, strict liability or otherwise even if advised of the possibility of such damages.
5. TERMINATION; SURVIVAL
The license granted hereunder shall terminate at the earliest of (i) the end of the specified Evaluation Period, if any; (ii) immediately upon your failure to comply with all of the terms and limitations described herein; or (iii) immediately upon written notice of termination by Isomorphic, with or without cause. Upon termination for any reason, you shall destroy all copies of the Software. Sections 2, 3, 4, 5, and 6 shall survive any termination or expiration of this Agreement or the license granted hereunder.
6. EXPORT REQUIREMENTS
The export and re-export of Isomorphic Software products are controlled by the United States Export Administration Regulations and such software may not be exported or re-exported to Cuba, Iran, North Korea, Sudan, Syria, or any country to which the United States embargoes goods. In addition, Isomorphic software may not be distributed to persons on the Table of Denial Orders, the Entity List, or the List of Specially Designated Nationals. By downloading or using an Isomorphic software product you are certifying that you are not a national of Cuba, Iran, North Korea, Sudan, Syria, or any country to which the United States embargoes goods and that you are not a person on the Table of Denial Orders, the Entity List, or the List of Specially Designated Nationals.
7. GENERAL
(a) This Agreement is the entire agreement between you and Isomorphic concerning this subject matter. This Agreement may not be amended except in writing signed by an authorized representative of Isomorphic. (b) Neither this Agreement nor any of your rights or obligations hereunder may be assigned by you in whole or in part without Isomorphic's prior written consent. (c) This Agreement shall be governed by and interpreted in accordance with the laws of the State of California without giving effect to its choice of law principles. Any legal action regarding this Agreement will be heard in the state or federal courts having jurisdiction in San Francisco County, California, and you hereby submit to the personal jurisdiction and venue of such courts. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement and is expressly disclaimed. (d) The prevailing party in any action or proceeding to enforce the provisions of this Agreement shall be entitled to recover all reasonable attorneys' fees and expenses incurred in connection therewith. (e) In the event of a breach of this Agreement, monetary damages may not be a sufficient remedy, and Isomorphic shall be entitled, without waiving any other rights or remedies, to such injunctive or equitable relief (without posting of a bond) as may be deemed proper by a court of competent jurisdiction. (f) If any provision of this Agreement is held to be invalid or unenforceable by a court of competent jurisdiction, that provision shall be limited or eliminated to the minimum extent necessary so that the remaining provisions remain in full force and effect. (g) The failure of Isomorphic to require your performance of any provision herein shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by Isomorphic of a breach of any provision herein be taken or held to be a waiver of the provision itself.
THIRD-PARTY COMPONENTS: The Software may include third-party components provided under terms and conditions which are different from those of this Agreement. These third-party components and their licensing terms and conditions can be found in the isomorphicSDK/WEB-INF/lib/ and isomorphicSDK/WEB-INF/licenses directories (ISC.Java SDK) or isomorphicSDK/bin/ directory (ISC.NET SDK).
Last updated: June 12, 2018
Isomorphic Software (“we”, “us” or “our”) shares your concern about the protection of your personal information online. This Privacy Policy (“Privacy Policy”, “Policy”) describes our policies and procedures regarding the privacy of personal information we collect online, and regarding our content and online relationship with you in connection with our online properties, including, without limitation, www.smartclient.com, the Isomorphic Software blog, and Isomorphic Software Forums (the “Websites”).
This Policy describes the privacy practices we undertake, the data we collect, how we use the data, and how we secure that data. By using the Website, you agree to abide by the terms of this Privacy Policy. This Policy applies regardless of how you access our Website – whether by personal computers, mobile devices or otherwise. The General Data Protection Regulation (“GDPR”) is a European Regulation concerning the use and processing of personal information. We are committed to processing your information in compliance with the GDPR upon its effectiveness on May 25, 2018.
THE INFORMATION WE COLLECT
Isomorphic Software collects information directly from individuals, from third parties, and automatically through our websites.
REGISTRATION INFORMATION
When you register on our website, we collect your name, contact information, and other information you provide such as the company you work for.
COMMUNICATIONS
When you communicate with us (via email, phone, through our websites, or otherwise), we may maintain a record of your communication.
YOUR CONTENT
When you post or comment in our forums, we store information such as the date and time, and the content you posted. Your username, and any other information that you choose to add to your public-facing profile will be available for viewing to users of our forums. Other users will be able to see in your profile certain information about your activity, such as the questions and answers you post, your followers and who you follow.
AUTOMATICALLY COLLECTED INFORMATION ABOUT YOUR ACTIVITY
We use cookies, log files, pixel tags, local storage objects, and other tracking technologies to automatically collect information about your activities, such as your searches, page views, date and time of your visit, and other information about your use of our websites. We also collect and may store information that your computer or mobile device provides to us such as your browser type, type of computer or mobile device, browser language, IP address, mobile carrier, unique device identifier, location, and requested and referring URLs. We also receive information when you view content on or otherwise interact with our websites, even if you have not created an account. For more information, see the “Cookies, and Tracking” section below.
HOW WE USE YOUR INFORMATION
We do not sell or share your personal data – such as your name and contact information – to third parties to use for their own marketing purposes. Isomorphic Software uses the information we collect for the following purposes:
- Provide our Services. To provide you the services (such as support and training), and communicate with you about your use of the SmartClient Platform, respond to your inquiries, provide troubleshooting, and for other customer service purposes.
- Marketing and Promotions. For marketing and promotional purposes, such as to send you news and newsletters, special offers, and promotions, or to otherwise contact you about products or information we think may interest you, including information about third party products and services.
- Analytics. To gather metrics to better understand how users access and use the Isomorphic Software websites, products and services; to evaluate and improve the Isomorphic Software websites, products and services, and to develop new products and services.
- Comply with Law. To comply with legal obligations, as part of our general business operations, and for other business administration purposes.
- Prevent Misuse. Where we believe necessary to investigate, prevent or take action regarding illegal activities, suspected fraud, situations involving potential threats to the safety of any person or violations of our Terms of Service or this Privacy Policy.
COOKIES AND TRACKING
We and our third party providers use cookies, JavaScript, local storage, log files, and other mechanisms to automatically collect and record information about your usage and browsing activities on Isomorphic Software sites (website, blog and forums) and across third party sites or online services. We may combine this information with other information we collect about users. Below, we provide a brief summary these activities.
- Cookies. These are small files with a unique identifier that are transferred to your browser through our websites. They allow us to remember users who are logged in, to understand how users navigate through and use the Isomorphic websites.
- Analytics Tools. We may use internal and third party analytics tools, including Google Analytics. The third party analytics companies we work with may combine the information collected with other information they have independently collected from other websites and/or other online products and services. Their collection and use of information is subject to their own privacy policies.
SOCIAL MEDIA WIDGETS
Our Websites include social media features such as the Facebook “Like” button and Twitter “Follow” button. These features may collect your IP address, which page you are visiting on our site, and may set a cookie to enable the feature to function properly. These social media features are either hosted by a Third Party or hosted directly on our Website. Your interactions with these features are governed by the Privacy Policy of the social media company providing such services.
HOW WE PROTECT YOUR INFORMATION
The security of your information is important to us. Isomorphic Software has implemented safeguards to protect the information we collect. However, no website or Internet transmission is completely secure. We urge you to take steps to keep your personal information safe, such as choosing a strong password and keeping it private. Contact Us
If you have any questions about our practices or this Privacy Policy, please contact us at dataprotection@isomorphic.com, or send mail to:
Attn: Privacy
Isomorphic Software
1 Sansome Street, Suite 3500
San Francisco, CA 94104, USA
CHANGES TO OUR PRIVACY POLICY
If we change our privacy policies and procedures, we will post those changes on this page. If we make any changes to this Privacy Policy that materially change how we treat your personal information, we will endeavor to provide you with reasonable notice of such changes, such as via prominent notice on our websites or to your email address of record, and where required by law, we will obtain your consent or give you the opportunity to opt out of such changes.
