Terms of Service for Sandbox Account

EZ WEB MAINTAINS AND RUNS EZO CMMS INCLUDING RELATED FEATURES PRODUCTS AND SERVICES. THIS IS A LEGAL AGREEMENT (“AGREEMENT”) BETWEEN YOU AND EZ WEB STATING THE TERMS AND CONDITIONS THAT GOVERN YOUR TESTING OR ANY OTHER USE OF SERVICES DURING THIS TESTING PERIOD. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY TO THESE TERMS AND CONDITIONS, IN WHICH CASE THE TERMS “YOU” AND “YOUR” SHALL REFER TO SUCH ENTITY.

Agreement Definition

“EZ Web” refers to EZO Inc, “You” and “your” refers to the individual or entity that has ordered to run tests on Services by having checked “I agree to Terms of Service” during the account setting or otherwise having used our services before.

The terms “Services” mean the service offerings that EZ Web makes available through this web portal, including any software (including EZ Web programs), technologies or other material that EZ Web makes available as part of the services for your access, tests, assessment, scrutiny, or evaluation in the staging environment. The Services shall never be used for production purposes.

The term “EZ Web programs” refers to the software products owned or distributed by EZ Web to which EZ Web grants You access as part of the services, including user guides, and any program updates provided as part of the services.

The term “Users” means those individuals authorized by You or on your behalf to use the Services.

The term “Your Content” means all software (including any applications), data, and data files provided by You or any User and that reside on, or run on the staging environment. You agree not to include any production data in Your Content.

Testing Period

This Agreement is effective upon your acceptance of this Agreement (the “Effective Date”), and will terminate 15 days from the Effective Date unless ended earlier in accordance with this Agreement or extended by EZ Web upon request (“Testing Period”). If You would like to use the services after the Testing Period or for production purposes, provided that EZ Web has made the services commercially available, You must purchase such services from EZ Web under a separate contract.

Rights Granted

For the duration of the Testing Period, You have the non-exclusive, non-transferable, non-assignable, limited right to use the Services, subject to the terms of this Agreement, and solely for your internal business purposes to evaluate EZ Web’s Service offering and not for any production or commercial purposes. You may allow a maximum of 100 Users to use the Services for this purpose and may upload a maximum of 1000 items for the purposes of testing the Services. You are responsible for your Users’ compliance with this Agreement.

You do not acquire any license to use the Services, including any programs to which EZ Web provides You with access as part of the Services, in excess of the scope and/or duration of the Services defined in this Agreement. Upon the end of this Agreement or the Services hereunder, your right to access or use the Services and EZ Web programs shall terminate.

No express or implied rights other than those expressly granted under this section 3 shall be available to You under this Agreement.

Ownership and Restrictions

EZ Web or its licensors retain all ownership and intellectual property rights to the Services and EZ Web programs, including derivative works thereof, and anything developed and delivered by EZ Web under this Agreement. You may not, and may not cause to permit others to:

Remove or modify any program or any notice of EZ Web or its licensors’ proprietary rights;

Modify, make derivative works of, disassemble, reverse compile, reverse engineer, reproduce, distribute, republish or download any part of the Services (the foregoing prohibitions include but are not limited to review of data structures or similar materials produced by EZ Web programs), or access or use the Services in order to build or support, and/or assist a third party in building or supporting, products or Services competitive to EZ Web.

Disclose results of any benchmark tests or performance tests of the Services or EZ Web programs without EZ Web’s prior written consent;

Perform or disclose any of the following security testing of the Services’ staging environment or associated infrastructure: network discovery, port and service identification, vulnerability scanning, password cracking, remote access testing, or penetration testing; and

License, sell, rent, lease, transfer, assign, distribute, display, host, outsource, disclose, permit timesharing or service bureau use, or otherwise commercially exploit or make the Services, EZ Web programs or materials available, to any third party.

Disclaimers and Exclusion of Warranties

THE SERVICES ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND EZ WEB HEREBY DISCLAIMS ALL EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTEES, AND CONDITIONS WITH REGARD TO (A) THE SERVICES, INCLUDING BUT NOT LIMITED TO SOFTWARE, HARDWARE, SYSTEMS, NETWORKS OR ENVIRONMENTS AND (B) MERCHANTABILITY, SATISFACTORY QUALITY, NONINFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.

EZ WEB DOES NOT GUARANTEE THAT (A) THE SERVICES WILL BE PERFORMED ERROR-FREE OR UNINTERRUPTED, OR THAT EZWEB WILL CORRECT ALL ERRORS IN THE SERVICES; (B) THE SERVICES WILL OPERATE IN COMBINATION WITH YOUR CONTENT, OR WITH ANY OTHER SOFTWARE, HARDWARE, SYSTEMS, OR DATA; (C) YOUR CONTENT WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED; AND (D) THE SERVICES, WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS. YOU ACKNOWLEDGE THAT EZ WEB DOES NOT CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE SERVICE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. EZ WEB IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.

YOU ARE SOLELY RESPONSIBLE FOR ANY CONTENT THAT YOU LOAD INTO OR CREATE WITHIN THE STAGING ENVIRONMENT, AND AGREE, AT YOUR SOLE COST AND EXPENSE, TO DEFEND EZ WEB AGAINST ANY CLAIM AND INDEMNIFY EZ WEB FROM ANY DAMAGES, LIABILITIES, COSTS AND EXPENSES OR THE SETTLEMENT AGREED TO BY YOU, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY SUCH CONTENT. EZ WEB IS NOT RESPONSIBLE FOR THE SECURITY OF ANY CONTENT OR SOFTWARE THAT YOU LOAD INTO OR CREATE WITHIN THE STAGING ENVIRONMENT.

EZWEB RESERVES THE RIGHT TO MAKE CHANGES OR UPDATES TO THE SERVICES AND/OR EZWEB PROGRAMS AT ANY TIME WITHOUT NOTICE.

User Accounts

Access to and use of password protected or secure areas of the staging environment is restricted to authorized Users only. You may not share your password(s), account information, or access to the staging environment site. You are responsible for identifying and authenticating all Users, for approving access by such Users to the Services, for controlling against unauthorized access by Users, and for maintaining the confidentiality of usernames, passwords and account information. EZ Web is not liable for any harm caused by Users. You are responsible for all activities that occur under your and your Users’ passwords or accounts or as a result of your or your Users’ access to the Services and agree to notify EZ Web immediately of any unauthorized use.

Your Content

EZ Web makes no assurances that any of Your Content loaded into the staging environment will be secured or that such data will remain confidential. You acknowledge that the staging environment is not designed for use with production data (including business content and personal information) and accordingly, You shall not include any production data in Your Content or use the Services for any commercial purpose. YOU SHOULD FREQUENTLY BACK UP ANY CONTENT, OR SOFTWARE THAT YOU LOAD INTO, OR CREATE WITHIN THE STAGING ENVIRONMENT. EZ WEB RESERVES THE RIGHT AT ITS SOLE DISCRETION TO DELETE, AT ANY TIME AND FOR ANY REASON, ANY CONTENT OR SOFTWARE IN THE STAGING ENVIRONMENT, AND ANY SUCH CONTENT OR SOFTWARE MAY BECOME PERMANENTLY LOST IF SO DELETED.

EZ Web has no obligation to monitor Your Content and your applications, but at its sole discretion, may access, monitor, and/or review your activity or content in the staging environment. You agree to provide any notices and obtain any consents related to your use of the Services and EZ Web’s provision of the Services, and You shall have the sole responsibility for the ownership of your data. You warrant and represent that Your Content does not contain any viruses, Trojan horses, worms or other components that would limit or harm the functionality of EZ Web Programs or Services.

End of Agreement

Services provided under this Agreement shall be provided for the Testing Period defined above unless earlier terminated in accordance with this Agreement. You may discontinue your use of the Services at any time. EZ Web may terminate your password, account, and access to or use of the Services at any time for any reason. You acknowledge and agree that EZ Web has no obligation to retain Your Content and that Your Content will be irretrievably deleted, following the termination of the Services.

Provisions that survive termination or expiration of this Agreement are those which by their nature are intended to survive.

Nondisclosure

By virtue of this Agreement, You may have access to information that is confidential to EZ Web (“EZ Web Confidential Information”). EZ Web Confidential Information shall not include information which: (a) is or becomes a part of the public domain through no act or omission by You or any User; or (b) is in your or a User’s lawful possession prior to the disclosure; or (c) is lawfully disclosed by a third party without restriction on disclosure; or (d) is independently developed. You agree, both during the term of this Agreement and for a period thereafter termination of this Agreement, to hold EZ Web Confidential Information in confidence. You agree to take all reasonable steps to ensure that EZ Web Confidential Information is not disclosed or distributed to any employees or agents in violation of the provisions of this Agreement.

Entire Agreement

This Agreement supersedes all prior or contemporaneous Agreements or representations, written or oral, regarding such Services. If any term of this Agreement is found to be invalid or unenforceable, the remaining provisions will remain effective. EZ Web may make changes to the Services and this Agreement, and You agree that your continued use of the Services constitutes your acceptance of, and Agreement to such change. You understand that EZ Web has no obligation to inform You or any of your Users regarding any change to this Agreement or the Services. and it shall solely be your responsibility to identify such changes. An updated version of this Agreement can be accessed at Terms of Service for Sandbox Account.

Limitation of Liability

NOTWITHSTANDING ANYTHING TO THE CONTRARY, EXCEPT FOR BODILY INJURY OF A PERSON, EZ WEB AND ITS SUPPLIERS (INCLUDING BUT NOT LIMITED TO ALL EQUIPMENT AND TECHNOLOGY SUPPLIERS), OFFICERS, AFFILIATES, REPRESENTATIVES, CONTRACTORS AND EMPLOYEES SHALL NOT BE RESPONSIBLE OR LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT OR TERMS AND CONDITIONS RELATED THERETO UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY: (A) FOR ERROR OR INTERRUPTION OF USE OR FOR LOSS OR INACCURACY OR CORRUPTION OF DATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY OR LOSS OF BUSINESS; (B) FOR ANY INDIRECT, EXEMPLARY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES; (C) FOR ANY MATTER BEYOND COMPANY’S REASONABLE CONTROL; OR (D) FOR ANY AMOUNTS THAT, TOGETHER WITH AMOUNTS ASSOCIATED WITH ALL OTHER CLAIMS EXCEED ONE HUNDRED US DOLLARS.

Other

EZ Web is an independent contractor and we each agree that no partnership, joint venture, or agency relationship exists between us. EZ Web reserves the right to provide the Services from locations, and/or through use of affiliates and subcontractors, worldwide.

The construction, validity, performance, enforcement, and effect of this Agreement will be governed solely by the laws of the State of Nevada, without regard to the conflict of law principles. All suits and claims will be made only in courts located in the State of Nevada.

You may not assign this Agreement or give or transfer the Services or an interest in them to another individual or entity. However, EZ Web may do so without Your Consent.

EZ Web may use software tools to audit and otherwise request information from you regarding your use of the Services. You agree to cooperate with EZ Web’s audit and provide reasonable assistance and access to information.

Neither of us shall be responsible for events outside the reasonable control of the obligated party.

Feedback

“Feedback” shall mean any input regarding EZ Web’s products and/or Services, including changes or suggested changes to EZ Web’s current or future products and/or Services. Notwithstanding anything contained herein, all Feedback provided by You shall not be considered confidential information. You agree that EZ Web or its licensors retain all ownership and intellectual property rights (including all derivatives or improvements thereof) in and to any Feedback provided by You or any other party, and acknowledge that EZ Web may use the Feedback for any purpose, including but not limited to incorporation or implementation of such Feedback into a EZ Web product or service, and to display, market, sublicense and distribute such Feedback as incorporated or embedded in any product or service distributed or offered by EZ Web.

Have Questions?

info@ezofficeinventory.com
Get in touch with our Data Protection Office (DPO) at support@cmmsit.com