client icon End-User License Agreement

 

This agreement does not apply if you are employed by a government agency or an organization that has an overarching contract with Casepoint.
Software License and Service Agreement
Casepoint End User License Agreement (EULA)
This Casepoint Software License and Service Agreement (the "Agreement") is a legal agreement between you, either an individual or a single legal entity ("You"), and Casepoint. ("Casepoint") that governs your acquisition and use of the Casepoint add-in software and any accompanying documentation (the "Software") and access to, and use of the Casepoint Services ("Services"). By installing, copying, or otherwise using the Casepoint , you agree to be bound by the terms of this EULA. This license agreement represents the entire agreement concerning the program between you and casepoint, (referred to as "licenser"), and it supersedes any prior proposal, representation, or understanding between the parties. If you do not agree to the terms of this EULA, do not install or use the Casepoint.
You must accept the terms of this Agreement By selecting "ACCEPT" at CasePoint Login, or by downloading, copying, or otherwise using the Software or Services, You are indicating that You have read and understood, and that You assent to be bound by, the terms of this Agreement. If You do not agree to the terms of the Agreement, You are not granted any rights whatsoever in the Software and must permanently delete all copies of the Software in your possession.
Third-party modules, primarily libraries from Microsoft®,and other software vendors are bundled with the Software and are subject to separate license terms that are not covered under this agreement. Any such separate license terms are provided in a text file accompanying this individual third-party module.
SOFTWARE AND SERVICES. The Software allows you to access and use the Services. Casepoint or its service providers currently operate servers as part of the Services, with which the Software communicates as part of its ordinary operation. During the Term (as defined below), you may access the Services for the sole purpose of using the Software as described in the software documentation, and may not access the Services (or its associated database) with any other software, for any other purpose, or in any other manner. During the Term, you will be entitled to receive: (1) access to the Services; and (2) any Software upgrades that Casepoint makes generally available to end users of the Software and Services.
LICENSE GRANT FOR SOFTWARE AND SERVICES. Subject to the terms of this Agreement, Casepoint grants to You, during the Term, non-exclusive, non-transferable license, without the right to sublicense, to use, install (add-ins) and execute the Software and use the Services, in accordance with its accompanying documentation. Individual licenses shall cover use of CasePoint for one user subject to full payment of any applicable software and service fees. Casepoint may agree in writing (e.g. as may be indicated on a subscription registration form accepted by Casepoint) to license the Software and Paid Services to you for more than one users, subject to your payment of additional fees and applicable additional terms described in such writing.
RESTRICTIONS ON USE. Except as expressly permitted in Section 2 (License Grant) (if at all), You may not (a) copy, translate, modify, create derivative works of, or otherwise use the Software, Services or any parts thereof, (b) distribute, sell, assign, pledge, sublicense, lease, loan, use for service bureau purposes, rent, or otherwise transfer the Software, Services or any parts thereof in any form to another person, (c) remove from the Software or Services, or alter, any of the trademarks, trade names, logos, patent or copyright notices or other proprietary notices or markings, or add any other notices or markings to the Software, (d) use the Software or Services to tamper with, spoof, or attempt to obtain unauthorized access to Casepoint's servers or databases; (e) use the Software or Services in violation of any applicable laws in the jurisdictions in which you use the Services or Software; (f) attempt to, in conjunction with any device, software program or service, circumvent technological measures employed to control access to, or the rights in, the Service; or (g) permit any other party to do any of the foregoing. Casepoint does not grant to You any express or implied licenses or rights to any enabling technologies or systems that may be necessary to use the Software.
OWNERSHIP. The Software is licensed, not sold, and You agree that the Software, the Services, and all intellectual property and proprietary rights therein are owned by CasepointCasepoint reserves title and all right and interests in and to the Software and Services not expressly granted to You in Section 2 (License Grant), including without limitation all patent rights, copyrights, trademarks, trade names, trade secrets and other intellectual property and proprietary rights. There are no implied licenses under this Agreement, and all rights not expressly granted are reserved by Casepoint.
PAYMENTS. Following the expiration of a trial period that may be provided to you in the sole discretion of Casepoint, if you subscribe to the Paid Services, you agree to pay Casepoint or its designated representative, the service charges for your use of the Software and Paid Services, plus any applicable taxes, in accordance with the billing terms and prices in effect at the time the fee or charge becomes payable. Payments are billed in advance at the beginning of the applicable renewal period. All payments are completely non-refundable. If you elect to pay with a credit card, you authorize Casepoint to automatically bill the charge card you provide for Paid Services for each renewal period, or withdraw funds via electronic transfer from your checking account (depending on what type of charge card you are using), until you terminate this Agreement; and you further agree to provide Casepoint with a valid credit card and accurate, complete and updated information required by the subscription registration form. Failure to comply may result in the immediate termination of Services.
You are responsible and liable for any fees, including attorney and collection fees, that Casepoint may incur in its efforts to collect any remaining balances from you. You also agree that you will be billed for and will pay any outstanding balances and credit card fees upon termination of this Agreement. You agree to notify Casepoint about any billing problems or discrepancies within 90 days after they first appear on your account statement. If you do not bring them to Casepoint's attention within 90 days, you agree that you waive your right to dispute such problems or discrepancies.
USER/ACCOUNT INFORMATION. You are responsible for maintaining the confidentiality of your password and account information. You are responsible for all activities that occur in your account and agree to notify Casepoint immediately of any unauthorized account use. Casepoint is in no way responsible for any loss that you may incur as a result of any unauthorized use of your user account and password.
In addition, during the Term Casepoint may collect certain non-personally identifiable information ("Other Data"). For example, the Software regularly communicates information on spam blocked back to the Casepoint servers as part of the Service. In addition, for purposes of monitoring and improving the accuracy of the Service, Casepoint collects aggregate statistical information on its Service including total spam blocked, total messages processed, total messages unblocked and total spam reported. Casepoint does not transmit or communicate any personally identifiable information as a result of these processes. Casepoint shall be the sole owner of all Other Data collected during the Term.
NO WARRANTIES. THE SOFTWARE AND SERVICES ARE PROVIDED AND LICENSED TO YOU "AS IS". YOU ASSUME THE ENTIRE RISK AS TO, AND ACKNOWLEDGE THAT YOU RELY SOLELY AT YOUR OWN RISK ON, RESULTS AND PERFORMANCE ARISING OUT OF THE USE OF THE SOFTWARE AND SERVICES. SHOULD THE SOFTWARE OR SERVICES PROVE TO HAVE DEFECTS IN ANY WAY, YOU ASSUME THE ENTIRE COST OF ALL SERVICING, REPAIR OR CORRECTION ARISING IN CONNECTION WITH SUCH DEFECTS AND ALSO ASSUME THE RISK OF ANY LOSS RELATED TO YOUR RESPONSE TO ANY EMAIL OR SERVICES ADVERTISED IN ANY EMAIL RECEIVED FROM A THIRD PARTY.
CASEPOINT DISCLAIMS ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY AND VERACITY OF INFORMATIONAL CONTENT, SYSTEM INTEGRATION, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND ANY WARRANTIES AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE OR SERVICES. WITHOUT LIMITING THE FOREGOING, CASEPOINT SPECIFICALLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES THAT THE SOFTWARE, SERVICES, CASEPOINT'S EFFORTS, OR ANY SYSTEM WITH WHICH YOU WILL USE THE SOFTWARE OR SERVICES WILL MEET YOUR REQUIREMENTS, FULFILL ANY OF YOUR PARTICULAR PURPOSES OR NEEDS, OR THAT THE OPERATION OF THE SOFTWARE OR SERVICES OR WILL BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME THE RESPONSIBILITY FOR THE SELECTION OF YOUR REQUIREMENTS, SOFTWARE, AND HARDWARE TO ACHIEVE YOUR INTENDED RESULTS. YOU ASSUME THE RESPONSIBILITY FOR ANY USE OF OR RESPONSE TO ANY EMAIL YOU SEND OR RECEIVE. To the extent that a party may not as a matter of applicable law disclaim any implied warranty in the scope and duration of such warranty shall be the minimum permitted by law.
LIMITATION OF LIABILITY. CASEPOINT SHALL NOT BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR INDIRECT DAMAGES OF ANY KIND (INCLUDING DAMAGES FOR INTERRUPTION OF BUSINESS, PROCUREMENT OF SUBSTITUTE GOODS, LOST DATA, LOST PROFITS, OR THE LIKE) ARISING OUT OF YOUR USE OR INABILITY TO USE THE SOFTWARE OR THE SERVICES (OR ANY INTELLECTUAL PROPERTY SUBSISTING THEREIN) OR YOUR RECEIPT, USE OF OR RESPONSE TO ANY EMAIL OR SERVICES ADVERTISED IN ANY EMAIL RECEIVED FROM A THIRD PARTY REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT PRODUCT LIABILITY, OR ANY OTHER LEGAL OR EQUITABLE THEORY, EVEN IF CASEPOINT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL CASEPOINT'S AGGREGATE CUMULATIVE LIABILITY FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THIS AGREEMENT, TO YOU OR TO ANY THIRD PARTY, EXCEED THE LESSER OF $10.00 OR THE AMOUNT YOU PAID FOR THE SOFTWARE AND SERVICES. THE EXISTENCE OF MULTIPLE CLAIMS WILL NOT SERVE TO ENLARGE THIS LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU. TO THE EXTENT THAT A PARTY MAY NOT AS A MATTER OF APPLICABLE LAW LIMIT ITS LIABILITY, THE SCOPE AND DURATION OF SUCH LIABILITY SHALL BE THE MINIMUM PERMITTED BY LAW.
THIS LIMITATION OF LIABILITY WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY SET FORTH HEREIN. THE WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND CASEPOINT. CASEPOINT WOULD NOT PROVIDE THE SOFTWARE TO YOU ABSENT SUCH LIMITATIONS.
INDEMNIFICATION. You agree to indemnify and hold Casepoint harmless from and against all damages, liabilities, losses, costs and expenses arising from or relating to your use or misuse of the Software or the Services or Your breach of this Agreement.
TERM AND TERMINATION.
Term. Unless earlier terminated as specified in this Section 10, the term of this Agreement ("Term") will commence upon your clicking of the "Accept" button and will continue for the period of time you are a subscriber to the Services, which means the time period for which: (a) You are in a trial period for the Software and Services; (b) You have paid all applicable fees for the Software and Paid Services to Casepoint in full, or (c) Casepoint has agreed in writing to provide the Software and Services to you subject to your payment of fees in accordance with a pre-determined payment schedule (e.g. as may be indicated on a subscription registration form accepted by Casepoint). You may use the Software and Free Service until terminated by you or Casepoint as provided for in this Agreement.
Termination by You. You may terminate this Agreement by canceling the Services as provided for in this section. You will not receive any refund or partial refund for any charges already billed to your account. In the event you signed up for a minimum commitment period, you will be responsible for all charges for the entire minimum commitment period. You may cancel the Services by accessing your Casepoint account by selecting the "My Casepoint" menu option on the Casepoint menu of the Software, or you may contact Casepoint by phone at 1-800-568-0179; in which case this Agreement is terminated upon written verification received by you from Casepoint of such cancellation of Services. SERVICE AGREEMENTS WITH INITIAL TERMS OF ONE YEAR OR MORE WILL AUTOMATICALLY RENEW FOR ADDITIONAL ONE YEAR TERMS UNLESS CASEPOINT RECEIVES WRITTEN NOTICE OF CANCELLATION AT LEAST 45 DAYS PRIOR TO THE EXPIRATION DATE. Service cancellation notices should be sent to: Casepoint, Attn: Order Processing, 7900 Tysons One Place, Suite 680, Tysons, VA 22102. You understand and agree that termination of this Agreement is your sole right and remedy with respect to any dispute with Casepoint. This includes, but is not limited to, any dispute related to, or arising out of: (1) any term of this Agreement or Casepoint's enforcement or application of this Agreement; (2) any policy or practice of Casepoint, including any Casepoint Privacy Policy, or Casepoint's enforcement or application of these policies; (3) your ability to access and/or use the Service; (4) any Casepoint software or services provided by or through Casepoint; or (5) the amount or type of fees, applicable taxes, billing methods, or any change to the fees, applicable taxes, or billing methods.
Termination by CasepointCasepoint may immediately terminate this Agreement and without prior notice take appropriate technical measures to effect such termination in the following cases: (a) You fail to comply with the terms of this Agreement (including the payment of fees when due); or (b) your use of the Software gives rise to any legal action against Casepoint or its officers, directors, employees or agents. Any termination by Casepoint pursuant to this section will be exercised without limiting any other rights or remedies of CasepointCasepoint reserves the right to terminate the Agreement with respect to the Software and Free Service at any time without prior notice to You.
Additional Effects of Termination. Upon termination of this Agreement, the license granted in Section 2 (License Grant) will terminate, You must immediately destroy all copies of the Software in Your possession or control, and any and all outstanding fees will become immediately due and payable. Sections 3, 4, 7, 8, 9, 10.4, 11 through 13 of this Agreement will survive termination.
U.S. GOVERNMENT USE. The Software is a "commercial item" as that term is defined at 48 C.F.R. § 2.101, consisting of "commercial computer software" and "commercial computer software documentation" as such terms are used in 48 C.F.R. § 12.212. Consistent with 48 C.F.R. § 12.212 and 48 C.F.R. §§ 227.7202-1 through 227.7202-4, Casepoint provides the Software to U.S. Government end users only pursuant to the terms and conditions herein.
EXPORT CONTROL. You agree and acknowledge that the Software is subject to U.S. export control law, and You will comply with all applicable laws and regulations in Your use of the Software under this Agreement, including without limitation all export laws and regulations of the U.S. Department of Commerce and all other U.S. agencies and authorities, including the Export Administration Regulations promulgated by the Bureau of Industry and Security (as codified in 15 C.F.R. Parts §§ 730-774). Without limiting the foregoing, You expressly agree not to export or re-export the Software in violation of such laws or regulations, or without all required licenses and authorizations.
MODIFICATIONS OR AMENDMENT TO AGREEMENT (INCLUDING PRIVACY POLICY). Casepoint may modify the terms of this Agreement, including but not limited to the price, content and nature of Services or terms to access the Software, by providing notice to you of such change. Thereafter, Casepoint at its sole discretion may elect to provide you with a to a pro-rata refund of certain fees paid by you. No modification or amendment to this Agreement by you will be valid unless signed by Casepoint.
MISCELLANEOUS. Nothing contained herein will be construed to create any agency, employment, partnership, principal-agent relationship, or other form of joint enterprise between the parties. No waiver of the Agreement will be valid unless signed by each party. The waiver of a breach of any term hereof will in no way be construed as a waiver of any other term or breach hereof. The headings in this Agreement do not affect its interpretation. You may not assign or transfer any of your rights or obligations under this Agreement to a third party without the prior written consent of Casepoint. Any attempted assignment or transfer in violation of the foregoing will be void from the beginning. Casepoint may assign this Agreement without consent to any third party. If any provision of this Agreement is held by a court of competent jurisdiction to be unenforceable, the remaining provisions of this Agreement will remain in full force and effect. Notices to Casepoint must be sent to the following address, and will be deemed effective three (3) days after certified mailing, return receipt requested: Casepoint, 7900 Tysons One Place, Suite 680, Tysons, VA 22102; notices to You may be sent to the email address that you furnished prior to downloading the Software, and will be deemed effective upon arrival at your email server. This Agreement is governed by the laws of the State of California without reference to conflict of laws principles that would require the application of the laws of any other jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods is specifically disclaimed. All disputes arising out of this Agreement will be subject to the exclusive jurisdiction of the state and federal courts located in San Francisco County, California, and the parties irrevocably consent to the personal and exclusive jurisdiction and venue of these courts. This Agreement (including the Privacy Policy and the subscription registration form (if applicable and upon acceptance by Casepoint) is the final, complete, and exclusive agreement between the parties relating to the subject matter hereof, and supersedes all prior or contemporaneous understandings and agreements relating to such subject matter, whether oral or written, including, without limitation, the terms of any purchase order or other document submitted by You.