🎉 Introducing Appmixer 6.0: New features bringing the future of automation closer to today
Learn moreEnd User License Agreement and Limited Warranty
Definitions
"Appmixer" shall mean a technology for building workflow systems and for API integration as originally created by client IO.
"Software" shall mean Appmixer, as originally created by client IO.
"Licensee" is you, only if you agree to be bound by the terms and conditions set forth in this Agreement.
“Developer Licensee” is a Licensee who uses the Software for its clients.
“Internal Licensee” is a Licensee who uses the Software for its own internal purposes.
“client IO” means our company, which created the Software and is providing the license to the Software based on this agreement.
"Documentation" means, with respect to any licensed Software, such assistance manuals, online help files, release notes, Sample Code, or other materials, in printed or electronic form, including any Updates thereof, that may be provided by client IO to assist a Licensee in the use of such Licensed Software.
“License Agreement” or “Agreement” means the license agreement described in this document.
"Object Code" means, with respect to Software, an encoded form of such software that allows such software to be used on a computer, but which is not intended to allow such software to be enhanced or otherwise modified.
"Source code" means the JavaScript files and other related files in the Software package.
"Redistributables" means (a) the Object Code form of portions of the Software, which portions are described as such in the Documentation and are usually provided as obfuscated JavaScript files, and (b) also the Source Code or Object Code form of the Sample Code as originally supplied to, or as modified by, Licensee. For the avoidance of doubt, obfuscated JavaScript files are considered to be Object Code and not Source Code.
"Licensed Application" means a software application (including Redistributables) developed by a Licensee by use of the Software.
"Internal User" means an employee or contractor of Licensee. For purposes hereof, "contractor" means someone who is not an employee of Licensee but who is under valid and effective contract with Licensee to perform services of a type that otherwise might be performed by an employee of Licensee and who uses the Software for internal purposes of the Licensee.
"External User" means someone other than an Internal User.
"Licensed Application End User" means an authorised user of a Licensed Application.
“Licensed Product” means, collectively, Software that is licensed by client IO for use by Licensee under this Agreement and the related Documentation for such licensed Software.
“Update” means any bug fix, correction, patch, workaround, enhancement, release, version, or other update of the Software provided by client IO to Licensee after the initial delivery of such Software.
This license agreement and limited warranty constitutes a legal agreement ("License Agreement") between You (either as an individual or a single entity) and client IO for the software product ("Software") identified above, including any software, media, and accompanying on-line or printed Documentation. By installing, copying, or otherwise using the Software, you are agreeing to be bound by the terms of this Agreement. If you do not agree to the terms of this Agreement, you are not authorized to use this Software.
BY INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE, YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THE LICENSE AGREEMENT.
Upon your acceptance of the terms and conditions of the License Agreement, client IO grants to you the right to use the Software in the manner, period and volume provided and described below. This License Agreement contains the exception of you breaking any part of this license, in which case you lose all rights under the license.
Except as provided in the License Agreement, you may not transfer, rent, lease, lend, copy, modify, translate, sublicense, time-share or electronically transmit or receive the Software, media or documentation, create other software related from the Software and all these rules are also effective in relation to the companies with which the Licensee forms a concern.
Grant of License
Subject to the further terms and conditions of this Agreement, client IO grants to you a worldwide, monthly (one month), non-exclusive License and the Software may be used: (i) by Developer Licensee to use the Software and to incorporate the Software in whole or in part in your offerings and to redistribute the Software as incorporated to your customers and distributors and resellers, as follows: a) the Licensed Application End Users may be Internal Users or External Users; b) the aggregate number of Licensed Application End Users who are authorised to use each Licensed Application as well number of Internal Users is defined by the volume package selected by the Licensee; (ii) by Internal Licensee to use the Software only for internal purpose of the Licensee and the aggregate number of Internal Users who are authorised to use the Software is defined by the volume package selected by the Licensee.
For the avoidance of doubt, upon the expiration or earlier termination of the License Term (unless, and then only to the extent that, the License Term is renewed by client IO), (A) no further Licensed Applications may be developed, and (B) with respect to any Licensed Application that was developed prior to such expiration or termination, any Licensed Application End User who was using such Licensed Application prior to such expiration or termination may continue to use such Licensed Application after such expiration or termination, but no other Licensed Application End Users or anyone else may use such Licensed Application.
The Software may be installed on any number of computers at any time. client IO grants to you non exclusive license to install and use the Software for the sole purposes of designing, developing and testing application programs which you create.
In addition to the right to use the Software, the Software may also be placed on storage devices for the purposes of version control, automated building and archiving. The Software may also be archived for backup purposes.
The License is valid once the price of the License is completely paid by the Licensee and client IO receives the payment.
The Licensee does not generally have the right to obtain, use, analyse, modify the Source Code of Software. Nevertheless, if client IO provides the Source Code to the Licensee, the Licensee is authorised to use and modify the Source Code only for its internal purposes and for the purpose of the implementation of the Software to Licensed Application, with the exception of special agreement between Licensee and client IO. The Licensee is not authorised to provide the Source Code to any other party or use the Source Code for creation of same or similar software as Software including the situation that such software would be a part of another software.
Volume Packages and Limitations
Appmixer Hosted is available in two versions (Startup, Scaleup) with different limitations Licensee can choose from. The limitations are as follows:
Proprietary Rights
Each Licensed Product and all Intellectual Property Rights therein are the exclusive property of client IO or its licensors. All rights in and to each Licensed Product not specifically granted to Licensee under this Agreement are reserved to client IO.
Licensee shall not alter or remove any Intellectual Property Rights notices or any other legal notices contained on or in copies of any Licensed Product. If Licensee is permitted by client IO to make any copies of any Licensed Product, Licensee shall reproduce all such notices on or in all copies. The existence of any copyright notice shall not constitute publication and shall not be construed as an admission or presumption of publication of any Licensed Product.
All Updates of a Licensed Product provided by client IO (regardless of any payments made by Licensee therefor) shall belong to and be owned by client IO, shall be considered to be part of such Licensed Product, and shall be licensed to Licensee on the same terms and conditions as are applicable to such Licensed Product under this Agreement.
Limited Warranty
client IO warrants that as provided the Software does not contain any malicious code inserted to affect the functioning of the Software or any computer that the Software runs on. Any developer using the Software must have a broad understanding of security issues relating to web applications and must take all reasonable steps at a system level to mitigate those risks.
client IO warrants that the Software does not infringe any patent, copyright or design secret of any third party. client IO is not aware of any facts upon which such a claim for infringement could be based.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CLIENT IO AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION.
LIMITATION OF LIABILITY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CLIENT IO OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF CLIENT IO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
If the limitation of liability described above is not permitted by applicable law, the Licensee and client IO agreed that the liability for the damage of the client IO in correspondence with the Software and breaching his obligation arising from the License Agreement is generally limited to the amount of price paid by the Licensee for the License in last two years before the damage occurs.
General Provisions
Amendments
This License Agreement may only be modified in writing signed by you and client IO.
Enforceability
Each provision of this Agreement shall be valid and enforced to the fullest extent permitted by law. If there is any conflict between any provision of this Agreement and any statute, law, or governmental ordinance, order, rule, or regulation, the latter shall prevail; provided, that any such conflicting provision shall be curtailed and limited only to the extent necessary to bring it within the legal requirements and the remainder of this Agreement shall not be affected thereby.
Assignment
This Agreement is assignable by client IO. This Agreement is not assignable, in whole or in part, by Licensee without the prior written consent of client IO, and any assignment or attempted assignment of this Agreement (including an assignment by operation of law) by Licensee without such consent shall be void and shall also constitute a breach of this Agreement; provided, however, that Licensee may assign this Agreement to a purchaser or other acquirer of all or substantially all of Licensee’s assets or business if, within thirty (30) days following such assignment, said purchaser or acquirer provides client IO with written notice of such permitted assignment and a written certification signed by the purchaser or acquirer agreeing to be bound by and perform all of Licensee’s obligations under this Agreement. This Agreement is binding on and for the benefit of Licensee and its permitted successors and assigns, as well as client IO and its successors and assigns.
Waiver
The failure of any party to enforce any term or condition of this Agreement shall not constitute a waiver of such party’s right to enforce such term or condition or any other term or condition of this Agreement, unless waived in writing.
Force Majeure
Neither party will be liable for any failure to perform any of such party’s obligations under this Agreement (excluding, however, a party’s payment obligations) due to any causes beyond such party’s reasonable control, including acts of God (including earthquakes and other natural disasters), war, riot, embargoes, acts of civil or military authorities, fire, flood, accident, and strikes. In the event of any such cause, the affected party’s time for delivery or other performance will be extended for a period equal to the duration of the delay caused thereby plus 5 (in words: five) working days.
Governing Law and Jurisdiction
This Agreement shall be subject to and governed by the Law of The Czech Republic. Any dispute arising out of or in connection with this Agreement shall be exclusively dealt with by the courts of The Czech Republic. This License Agreement gives you specific legal rights; you may have others which vary from state to state and from country to country. client IO reserves all rights not specifically granted in this License Agreement.
Publicity
Client IO shall be permitted to include Licensee’s name and logo in a list of client IO other customers on a client IO website(s) and in client IO's marketing communication.
Support and maintenance agreement
THIS DOCUMENT IS A LEGAL AGREEMENT ("Agreement") BETWEEN client IO AND YOU OR THE ORGANISATION ON WHOSE BEHALF YOU ARE ENTERING INTO THIS AGREEMENT ("Customer") IN RELATION TO CLIENT IO SUPPORT AND SUBSCRIPTION SERVICES. BY UNDERTAKING TO RECEIVE AND/OR PAYING FOR THE SERVICES DESCRIBED BELOW ("Services"), YOU ACCEPT THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT AGREE WITH ANY OF THE TERMS OR CONDITIONS OF THIS AGREEMENT, DO NOT PROCEED WITH RECEIVING THE SERVICES. THIS AGREEMENT DESCRIBES YOUR RIGHTS AND OBLIGATIONS WITH RESPECT TO THE SERVICES.
Commencing on the purchase of a support term ("Effective Date"), client IO will supply the Services to Customer with respect to the Software described in Section 1 below, for which client IO has granted a license to Customer pursuant to a software license agreement (the "License Agreement") by and between client IO and Customer and for whom the applicable support fee has been paid.
1. Included Support Services
Support package for Appmixer Hosted includes the following features:
- Access to the current documentation for the Software (the "Documentation"), including examples.
- Unlimited, 24×7 access to the client IO member-only Issue tracker that is monitored by the client IO support team.
- 2 hours of support monthly- Maximum incident response time of 72 hours
2. Metered Support Services
All support features listed in this section are valued in x-hours and are only available up to the amount of x-hours available in the Customer's support account at the time of the support incident. All references to "cost" in this section mean the cost in x-hours based on the x-hours value of the service. All references to "billing" in this section mean the deduction of accumulated x-hours from the support account of the Customer.
Support requests are valued per single related incident. Each incident costs at least 0.5 x-hours. Therefore, the maximum number of incidents in one support package is twice the number of x-hours in the package. Support requests determined to be unrelated to the original request shall constitute a new support incident at the sole discretion of client IO support personnel. Support requests must be in English.
3. Hours of Availability
Access to all web-based support features are generally available 24 hours per day, 7 days a week, 365 days a year barring unforeseen interruptions in Internet service or planned exceptions by client IO. Notwithstanding anything to the contrary in this Agreement, client IO does not guarantee such availability. All metered support services are also generally available 24 × 7 × 365, although the response to each request for metered support may not happen immediately, and will be governed by the response time terms outlined in section 2. Any planned exceptions to the availability of support services will be communicated on the client IO website as far in advance as possible.
4. Response Time
The response time listed in each support package is the elapsed time between the receipt of a support request and the time when client IO begins the support service, including a verbal or written confirmation to the Customer thereof. The actual time required to fully resolve the support request, if such full resolution occurs, may be longer than the maximum response time listed.
5. Client IO Responsibilities
client IO will use commercially reasonable efforts to assist Customer to resolve problems in its use of the Software. client IO makes no guarantee that it can, or will, solve any problems with respect to the Software presented by Customer, and further disclaims any warranties above and beyond any limited warranties that may have been expressly made by client IO in the License Agreement. client IO will offer Services for the then-current version of the Software and for not less than twelve (12) months from the release date of the then-current version.
6. Customer's Responsibilities
Customer is responsible for all hardware, operating systems, network setup, network maintenance and setup and use of any file access control systems required in the support of the Software. Customer may be required to provide client IO with reproducible test case(s). In other cases, Customer may be required to grant client IO certain limited access rights to Customer's proprietary computer systems in order that client IO may render Services.
Customer is responsible for ensuring that its personnel have sufficient training to attain and maintain competence in the operation of the Software. If client IO determines, in client IO's sole discretion, in responding to a Customer request for Support, that the solution is provided in available media (including, but not limited to, the source code documentation, tutorials and examples, websites or support forums), client IO may direct Customer's personnel to the appropriate media for the solution to the problem. Even if the support request were resolved in so doing, any minimum support charges outlined in section 2 would still apply.
7. Term
This support and maintenance agreement has a maximum term of 12 months. Support packages are valid until all support x-hours are used or the 12 months anniversary of purchase, whichever is the sooner. At the end of the Support Term the Services automatically terminate and any accumulated x-hours that have not been spent will be lost.
8. Customer Co-Operation
client IO may suspend performance of Services if Customer fails to meet its obligations as set forth under this Agreement. client IO may terminate Services if such failure continues for thirty (30) days after client IO's written request to meet these obligations. client IO may terminate the Agreement and all Services at any time if (i) it is discovered that Customer is in breach of its Software license restrictions, pursuant to Customer's License Agreement, or (ii) Customer is in breach of this Agreement.
9. Service Limitations
Neither client IO nor client IO's resellers shall be responsible for providing Services to the extent that the issue is caused by (a) Customer's misuse, improper use, mis-configuration, alteration, or damage to the Software; (b) Customer's use of the Software with any hardware or software not supplied or supported by client IO; Customer's failure to install an update to the Software if such update would have resolved the issue; or (d) uses in a manner not in accordance with the Agreement. client IO shall have no responsibility for loss of or damage to Customer's data, regardless of the cause of any such loss or damage.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CLIENT IO AND ITS RESELLERS DISCLAIM ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE. AND SERVICES. CLIENT IO AND RESELLERS DO NOT GUARANTEE THAT THE OPERATION OF THE SOFTWARE OR ANY OTHER CODE WILL BE UNINTERRUPTED OR ERROR-FREE, AND CUSTOMER ACKNOWLEDGE THAT IT IS NOT TECHNICALLY PRACTICABLE FOR US TO DO SO.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CLIENT IO OR RESELLERS BE LIABLE UNDER ANY LEGAL OR EQUITABLE THEORY FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION OR ANY OTHER PECUNIARY LAW) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE OR THE SERVICES OR ANY OTHER SUBJECT MATTER RELATING TO THIS AGREEMENT, EVEN IF CLIENT IO OR RESELLERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, CLIENT IO'S AND RESELLERS' ENTIRE LIABILITY WITH RESPECT TO ANY SUBJECT MATTER RELATING TO THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID FOR THE SERVICES.
10. Changes to Terms and Conditions
Client IO reserves the right to alter the terms and conditions of these maintenance terms and conditions. Any changes will not result in a materially reduced level of support from the terms and conditions herein.
11. Miscellaneous
This Agreement shall be subject to and governed by the Law of The Czech Republic. Any dispute arising out of or in connection with this Agreement shall be exclusively dealt with by the courts of The Czech Republic. This License Agreement gives you specific legal rights; you may have others which vary from state to state and from country to country. client IO reserves all rights not specifically granted in this License Agreement.
Uptime SLA
Guaranteed uptime
For its Hosted offering, Appmixer guarantees uptime of at least 99.9%.
Partial refund for lower-than-guaranteed uptime
Appmixer shall provide a partial refund for each month in which actual uptime is below the guaranteed uptime level.
The partial refund is calculated based on the following table:
Version: July 29 2024
