Terms for Remender

By using the Software (as defined below), You indicate Your acceptance of these terms and Your agreement, as an authorized representative of Your company or organization (if being acquired for use by an entity) or as an individual, to comply with the license terms that apply to the Software. If you are not willing to be bound by these terms, do not use the Software.

License Agreement

PLEASE SCROLL DOWN AND READ ALL OF THE FOLLOWING TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT (this "Agreement") CAREFULLY. THIS AGREEMENT IS A LEGALLY BINDING CONTRACT BETWEEN YOU AND REMEND SOLUTIONS, INC. THAT SETS FORTH THE TERMS THAT GOVERN YOUR USE OF THE SOFTWARE.

YOU MUST ACCEPT AND ABIDE BY THESE TERMS AS PRESENTED TO YOU – ANY CHANGES, ADDITIONS OR DELETIONS BY YOU TO THESE TERMS ARE NOT ACCEPTED AND WILL NOT BE PART OF THIS AGREEMENT.

Definitions

“Remend” refers to Remend Solutions, Inc.
“You” and “Your” refers to the individual or entity that wishes to use the Software.
“Oracle Collection Tool” (“OCT”) refers to Oracle License Management Service’s (“LMS”) script package, including but not limited to, CPU Query, ReviewLite, WebLogic Basic Check and PowerCLI.
"Software" refers to this software product (and any applicable documentation) provided with these terms to You by Remend and which You wish to access and use to analyze the output of OCT.

Nondisclosure and Limited Use Obligations

You and Remend will protect Confidential Information disclosed by the other party by not disclosing it to third parties, including Oracle or a partner to Oracle, preserving its confidentiality with the same level of care it applies to its own similar types of Confidential Information, and always by taking reasonable steps to preserve confidentiality.

REMENDER MAY BE EXECUTED AS “INCOGNITO”, IN WHICH CASE, NO DATA IS PRESERVED ON BACK-END SERVERS EXCEPT A HASHED, I.E., A 128-BIT, UNRECOGNIZABLE, REPRESENTATION OF HOST/SERVER NAMES TO ENABLE RESTRICTION TO A NUMBER OF ALLOWABLE HOSTS/SERVERS.

Rights Granted

Remend grants You a non-exclusive, non-transferable limited right to use the Software, subject to the terms of this Agreement, for the limited purpose of analyzing and reporting on the output of OCT. You may not use the Software for any other purpose.

You may not:
- make the Software available in any manner to any third party for use in the third party's business operations, without Remend’s prior written consent;
- assign this Agreement or give or transfer the Software or an interest in them to another individual or entity;
- use any Remend name, trademark or logo without Remend’s prior written consent;
- comment on or otherwise publicize the existence, purpose, nature or output of this Software to individuals or entities outside of You and/or Your organization without Remend’s prior written consent.

Disclaimer of Warranty

REMEND DOES NOT GUARANTEE THAT THE SOFTWARE WILL PERFORM ERROR-FREE OR UNINTERRUPTED. TO THE EXTENT NOT PROHIBITED BY LAW, THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND AND THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, OR CONDITIONS, INCLUDING WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, NONINFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, THAT APPLY TO THE SOFTWARE.

No Right to Technical Support

You acknowledge and agree that Remend will not provide You with technical support for the Software licensed under this Agreement.

End of Agreement

You may terminate this Agreement by notifying Remend of Your intent to cease use of Remender at info@remend.com. Subsequent access to the software is deemed (re)acceptance of this agreement. Remend has the right to terminate Your right to use the Software at any time upon notice to You, in which case Your access to this Software will be terminated by Remend.

Other

This Agreement is governed by the substantive and procedural laws of the State of California, USA. You and Remend agree to submit to the exclusive jurisdiction of, and venue in, the courts of San Francisco or Los Angeles counties in California in any dispute arising out of or relating to this Agreement.

You may not assign this Agreement or give or transfer the Software or an interest in them to another individual or entity. If You grant a security interest in the Software, the secured party has no right to use or transfer the Software.

The relationship between You and Remend is that of licensee/licensor. Nothing in this Agreement shall be construed to create a partnership, joint venture, agency, or employment relationship between the parties. The parties agree that they are acting solely as independent contractors hereunder and agree that the parties have no fiduciary duty to one another or any other special or implied duties that are not expressly stated herein. Neither party has any authority to act as agent for, or to incur any obligations on behalf of or in the name of the other.

This Agreement may not be modified and the rights and restrictions may not be altered or waived except in a writing signed by authorized representatives of You and Remend.

Any notice required under this Agreement shall be provided to the other party in writing.

In order to assist You with the measurement, monitoring or management of Your usage of the Programs, Remend may have access to and collect Your information, which may include personal information, and data residing on Remender for which the Software is used and/or to which Remend is provided access to perform any associated services.

Entire Agreement

You agree that this Agreement is the complete agreement for the Software and supersedes all prior or contemporaneous agreements or representations, written or oral, regarding the Software. If any term of this Agreement is found to be invalid or unenforceable, the remaining provisions will remain effective and such term shall be replaced with a term consistent with the purpose and intent of this Agreement.

Limitation of Liability

IN NO EVENT SHALL REMEND BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA OR DATA USE, INCURRED BY YOU OR ANY THIRD PARTY. REMEND’S ENTIRE LIABILITY FOR DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER IN CONTRACT OR TORT OR OTHERWISE, SHALL IN NO EVENT EXCEED THE SUBSCRIPTION FEES THAT YOU HAVE PAID TO REMEND.

Contact Information

Should You have any questions concerning Your use of the Software or this Agreement, please contact Remend at: info@remend.com

Remend Solutions, Inc.
2225 E Bayshore Rd #200
Palo Alto, CA 94303

Last updated 11 September 2019