OneDesk EULA

End-User License Agreement (“Agreement”)

Last updated: 2018-01-01

Please read this End-User License Agreement (“Agreement”) carefully before making use of OneDesk’s software. (“Software”).

By making use of the Software, you are agreeing to be bound by the terms and conditions of this Agreement.

If you do not agree to the terms of this Agreement, do not make use of the Software.

Use of the Software

Your eligibility for use of the Website is contingent upon meeting the following conditions:

– You are at least 18 years of age
– You use the Website and Services according to these Terms of Use and all applicable laws and regulations determined by the state and country of residence
– You provide complete and accurate registration information and maintain accurate registration information on the Software or website
– You agree and understand that OneDesk Software Inc. may, at any time, and without prior notice, revoke and/or cancel your access if you fail to meet these criteria or violate any portion of these Terms of Use

In connection with your use of the Software, you must act responsibly and exercise good judgment. Without limiting the foregoing, you will not:
– Violate any local, state, provincial, national, or other law or regulation, or any order of a court.
– Infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights
– Interfere with or damage our Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology
– Use automated scripts to collect information or otherwise interact with the Services or the Website
– Enter into this agreement on behalf of another person or entity without consent or the legal capacity to make such agreements as a representative of an organization or entity

License

OneDesk Software Inc. grants you a revocable, non-exclusive, non-transferable, limited license to use the Software strictly in accordance with the terms of this Agreement.

Restrictions

You agree not to, and not permit others to:

i) license, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise exploit the Software or make the Software available to any third party without express written consent from OneDesk Software Inc..

ii) copy, modify, decrypt, reverse compile or reverse engineer the Software without express written consent from OneDesk Software Inc..

Intellectual Property

OneDesk’s software, including without limitation all code, text, software, scripts, graphics, files, images, logos, materials, content, copyrights, patents, trademarks, trade secrets and other intellectual property rights are, and shall remain, the sole and exclusive property of OneDesk Software Inc.

Modifications to the Software

OneDesk Software Inc. may from time to time provide modifications or updates to the features, functionality or data of the Software.

Modifications may alter or remove certain features or functionality of the Software. You agree that OneDesk Software Inc. has no obligation to provide any modifications, or continue to provide or enable any particular features or functionality of the Software to you.

You further agree that all updates constitute an integral part of the Software, and are subject to the terms and conditions of this Agreement.

OneDesk Software Inc. reserves the right to modify, suspend or discontinue, the Software or any service to which it connects, without notice and without liability to you.

Term and Termination

This Agreement shall remain in effect until terminated by yourself or by OneDesk Software Inc.

OneDesk Software Inc. may, in its sole discretion, at any time and for any reason, suspend or terminate this Agreement without prior notice.

This Agreement will terminate immediately, without prior notice from OneDesk Software Inc, in the event that you fail to comply with any provision of this Agreement.

Upon termination of this Agreement, you agree to stop all use of the Software and delete all copies of the Software from your browser, mobile device or computer system.

Indemnification and limitation of Liability

To the maximum extent permitted by applicable law, in the applicable legal jurisdiction, you agree to indemnify and hold OneDesk Software Inc. (and its parents, subsidiaries, affiliates, directors, suppliers, employees, agents, partners and licensors) free from all liability. Furthermore you agree to indemnify the foregoing against any claim or demand or damages arising out of your use of the Software, including any incidental, indirect, or consequential damages. You exclude OneDesk Software Inc. and all aforementioned, parties from all liability for damages related to or arising out of the use of the Software.

In all cases, your remedy for any and all claims shall be limited to the amount you actually paid for the Software.

Warranties

The Software is provided to you “as is” and with all defects, without warranty of any kind. With respect to the Software, and to the maximum legal extent permitted under applicable jurisdictions, OneDesk Software Inc., disclaims all warranties, whether express, implied, statutory or otherwise, including all implied warranties of merchantability, or fitness for a particular purpose. OneDesk Software Inc. provides no warranty of any kind that the Software will achieve any intended results, be compatible with any other software/systems/services, operate without interruption, meet any performance, availability, accuracy, or reliability standards or be error free or that any errors or defects will be corrected.

Third Parties

The Software may link to, or make use of, or otherwise include, other sites, software and services provided by other parties. You acknowledge that OneDesk Software Inc. is not responsible for, and cannot be held liable for the accuracy, copyright compliance, security, policies, legality, decency, or any other aspect of such third party sites or services. You acknowledge that OneDesk Software Inc. is not responsible for errors or omissions in any references to other parties or their products and services. The inclusion of third party sites/software/services/content does not imply any warranty of any kind, either express or implied.

Severability

If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Amendments to this Agreement

OneDesk Software Inc. reserves the right, at its sole discretion, to modify or replace this Agreement at any time. If a revision is material OneDesk Software Inc. will provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

Governing Law

These Terms of Use and any dispute or claim arising out of, or related to them, shall be governed by and construed in accordance with the laws of Quebec, Canada. In addition, your use of the Application may also be subject to other local, state, national, or international laws.

Contact Information

OneDesk Software Inc.
1500 du College, Suite 210, Saint-Laurent, QC, Canada, H4L 5G6