IMPORTANT – READ CAREFULLY: YOU ARE ABOUT TO DOWNLOAD AND/OR INSTALL A PROPRIETARY SOFTWARE PROGRAM OF WORKSPOT, INC. (“WORKSPOT”) KNOWN AS “WORKSPOT SOFTWARE” THAT ENABLES ACCESS TO WORKSPOT’S “VIRTUAL DESKTOP SERVICE” THROUGH WORKSPOT’S WEB-BASED APPLICATION KNOWN AS “WORKSPOT CONTROL.”  THE WORKSPOT SOFTWARE COLLECTIVELY INCLUDES WORKSPOT AGENT, WORKSPOT PLUG-INs, WORKSPOT EXTENSION AND WORKSPOT ENTERPRISE CONNECTOR SOFTWARE. WORKSPOT VIRTUAL DESKTOP SERVICES ARE MADE AVAILABLE TO WORKSPOT ENTERPRISE CUSTOMERS (“CUSTOMERS”) AND THEIR AUTHORIZED END USERS (“AUTHORIZED USERS”) PURSUANT A WORKSPOT ENTERPRISE SUBSCRIPTION AGREEMENT, OR OTHER WRITTEN AGREEMENT, BETWEEN WORKSPOT AND SUCH SUBSCRIBERS (“ENTERPRISE AGREEMENT”). YOU ARE ONLY PERMITTED TO INSTALL AND USE WORKSPOT SOFTWARE AND ACCESS WORKSPOT VIRTUAL DESKTOP SERVICES IF YOU ARE AN AUTHORIZED USER. YOUR ACCESS TO WORKSPOT VIRTUAL DESKTOP SERVICES IS SUBJECT TO THE TERMS OF THE ENTERPRISE AGREEMENT AND YOUR INSTALLATION AND USE OF WORKSPOT SOFTWARE IS GOVERNED BY THIS END USER LICENSE AGREEMENT (“EULA”).

BY CLICKING THE “I AGREE” BUTTON, YOU CONFIRM THAT YOU ARE AN AUTHORIZED END USER ANDTHAT YOU AGREE THAT YOUR INSTALLATION AND USE OF WORKSPOT SOFTWARE IS GOVERNED BY THIS EULA. IF YOU ARE NOT AN AUTHORIZED END USER OR YOU DO NOT AGREE TO BE BOUND BY THIS EULA, CLICK THE “I DO NOT AGREE” BUTTON, WHICH WILL TERMINATE THE DOWNLOAD OR INSTALLATION PROCESS.

1. LICENSE. Subject to the terms of this EULA, Workspot grants you a non-exclusive, non‑sublicensable, revocable and non‑transferable license to download, install and use Workspot Software on an end user device (e.g. laptop, tablet, PC, mobile phone), , solely for purposes of accessing and using Workspot Virtual Desktop Services (using a web browser or software solution compliant with Workspot Control) as an Authorized User during the subscription term, and pursuant to the terms, provided for the Customer under an Enterprise Agreement. Your use of Workspot Client shall be for Customer’s internal business purposes only and compliant with applicable law and Workspot’s Acceptable Use Policy (see www.workspot.com/legal/aup).

2. LIMITATIONS. You are not authorized, and you agree that you will not, use Workspot Software for any purpose other than accessing and using the Virtual Desktop Services as an Authorized User. You agree not to remove, disable, obscure or circumvent any proprietary notices incorporated in Workspot Software. You shall not copy Workspot Software or any part thereof for any purpose. You agree not to assign or transfer this EULA or any rights granted hereunder to any other person. You agree not to sublicense, rent, lease, sell, distribute or otherwise transfer or make available Workspot Software or any part thereof to another person. You shall not reverse assemble (or disassemble), reverse compile (decompile), or reverse engineer Workspot Software or otherwise attempt to discover any source code or other proprietary information relating to Workspot Software or the Virtual Desktop Services and you shall not modify or prepare any derivative works based on Workspot Software or any part thereof, nor permit any third party to do so. You will also not knowingly transmit, use or store viruses or other harmful or malicious code through use of Workspot Software or attempt to gain unauthorized access to, or disrupt or interfere with the integrity or performance of the Virtual Desktop Services. Your use of Workspot Software may be subject to further limitations or restrictions as indicated in the usage guidelines provided at www.workspot.com/legal/usageguidelines.

3. OWNERSHIP. All right, title and interest in and to Workspot Client, Workspot, Control and all other software and services underlying or constituting the Virtual Desktop Services, as well as all derivative works thereto and intellectual property rights therein, is the property of Workspot.  No right, title or interest in or to any trademark or trade name of Workspot is granted under this Agreement. All rights not expressly granted are reserved by Workspot.

4. FREEWARE; THIRD PARTY SERVICES. Notwithstanding the terms and conditions of this EULA, all or any portion of the Workspot Software which constitutes non-proprietary Workspot software provided under public license by third parties (“Freeware”), is licensed to you subject to the terms and conditions of the software license agreement accompanying such Freeware, whether in the form of a discrete agreement or electronic license terms accepted at time of download. Use of Freeware by you shall be governed entirely by the terms of such license. The respective licenses for Freeware is available at www.workspot.com/legal/freeware.To the extent that terms of the Freeware require an offer to provide source code or related information, such offer is hereby made. Any request for such source code or related information should be directed to support@workspot.com. The Virtual Desktop Services enable access to third party services and web sites, use of which may require that you accept additional terms of service.

5. NO WARRANTY; NO SUPPORT. Workspot does not provide you any warranty or support under this EULA with respect to the Workspot Software or Virtual Desktop Services, subject to any warranty and support obligations of Workspot to Customer expressly set forth in the Enterprise Agreement. ALL USE OF WORKSPOT SOFTWARE BY YOU IS AT YOUR SOLE RISK, SUBJECT TO ANY APPLICABLE TERMS OF THE ENTERPRISE AGREEMENT. WORKSPOT SOFTWARE IS LICENSED ON AN AS-IS BASIS WITH ALL FAULTS AND WORKSPOT MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND TO YOU CONCERNING WORKSPOT SOFTWARE, THE VIRTUAL DESKTOP SERVICES, OR ANY OTHER PRODUCTS OR SERVICES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, ACCURACY, OR THE PRESENCE OF ABSENCE OF ERRORS, WHETHER OR NOT DISCOVERABLE, IN EACH CASE, TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WORKSPOT DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN WORKSPOT SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF WORKSPOT SOFTWARE OR THE VIRTUAL DESKTOP SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT WORKSPOT SOFTWARE WILL BE COMPATIBLE WITH THIRD PARTY SOFTWARE OR SERVICES.

6. LIMITATION OF LIABILITY. IN NO EVENT WILL WORKSPOT BE LIABLE TO YOU FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR ANY SPECIAL, DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY TO USE THE WORKSPOT SOFTWARE OR THE VIRTUAL DESKTOP SERVICES , EVEN IF WORKSPOT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WORKSPOT’S LIABILITY TO YOU, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EXCEED ONE HUNDRED DOLLARS ($100).

7. TERM; TERMINATION. This Agreement is effective from the day on which you begin using Workspot Software and expires upon any termination or expiration of the Enterprise Agreement. You may terminate this EULA at any time by destroying all copies of Workspot Software in your possession or under your control. This EULA will terminate immediately without notice from Workspot if you fail to comply with any provision of this EULA. Upon termination of this EULA, you must cease all use Workspot Software and all access to the Virtual Desktop Services, and destroy all copies of Workspot Software in your possession or under your control. Any terms and conditions of this EULA that by their nature extend beyond expiration or termination hereof, shall survive, including, without limitation, Sections 2, 3, 5-12 of this EULA.

8. EXPORT REGULATIONS. You are not permitted to export, re-export or release, directly or indirectly, any software, documentation, technology or other technical data, or any products that include or use any of the foregoing, to any country, jurisdiction or Entity to which the export, re-export or release of such (a) is prohibited by applicable law or (b) without first completing all required undertakings (including obtaining any necessary export license or other governmental approval under law, including the US Export Administration Act and its associated regulations. For the purposes of this section “Entity” means an individual, corporation, partnership, joint venture, limited liability entity, governmental authority, unincorporated organization, trust, association or other entity.

9. SEVERABILITY; WAIVER. If any provision of this EULA is invalid or unenforceable under applicable law, it shall not affect the validity or enforceability of the remainder of the terms of this Agreement, and without further action by the parties to this EULA, such provision shall be reformed to the minimum extent necessary to make such provision valid and enforceable. No failure or delay in exercising any right hereunder shall constitute a waiver of such right.

10. GOVERNING LAW/FORUM. This EULA and any claims related thereto shall be governed exclusively by the internal laws of the State of California, without regard to its conflicts of laws rules and all disputes hereunder shall be subject to the exclusive jurisdiction of the state or federal courts located in the State of California.

11. CONSENT TO USE OF END USER ACTIVITY DATA. You agree that Workspot may collect and use End User Activity Data, and any technical information about the device on which Workspot Software is installed, that is gathered periodically to, among other things, facilitate the provision of the Virtual Desktop Services, software updates, product support and other services, as well as, on an aggregated and de-identified form, to benefit, improve and enhance Workspot products, technology, operations, services and business activities. End User Activity Data refers to the elements of activity captured with regard to active End Users through Workspot Control by virtue of End User’s interaction with Virtual Desktop Services, including user name, user email address, user login, user location (if user opts in), user access of a resource, user errors with any access activity (such as account lock out or failure to connect to resources) and other measures of utilization and performance.

12. ENTIRE AGREEMENT. This EULA represents the entire agreement between you and Workspot and supersedes all prior or contemporaneous agreements, proposals or representations, written, oral or otherwise, concerning its subject matter.  Questions about this EULA may be directed to legal@workspot.com.

 

Download and use by Administrative Users or End Users to new releases of the Workspot Software will require assent to this Workspot Software End User License Agreement, except as otherwise provided under a written agreement between Workspot and the subscribing Customer. Note that Administrative User and End User access to Workspot’s Virtual Desktop Service may require installation of such new releases.

The information contained in this web site is subject to change without notice.