End-User License Agreement ("Agreement")
Last updated: July 15Oct 26, 20192022
Please read this End-User License Agreement ("Agreement") carefully before clicking the "I Agree" button, downloading or using ARGOS Process Automation Module (“PAM”“ PAM”) System Software including Scenario Studio (“STU”), PC PAM, Mobile PAM (Android Phone, /iPhone) and iPhone, and PAM Host Console for Windows and Mac ("Applications").
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The Applications are licensed, not sold, to you by ARGOS LABS for use strictly in accordance with the terms of this Agreement.
License
ARGOS LABS grants you a revocable, non-exclusive, non-transferable, limited license to download, install and use the Applications solely and strictly for the purposes of automation of testing, measuring, and monitoring of your online service functionality, quality and system performance development, test, deployment, and maintenance for any software applications including business process applications and process automation applications in accordance with the terms of this Agreement.
Restrictions
You agree not to, and you will not permit others to:
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Termination of this Agreement will not limit any of ARGOS LABS's rights or remedies at law or in equity in case of breach by you (during the term of this Agreement) of any of your obligations under the present Agreement.
Non-refundable subscription fees
Withstanding the Termination above, once the solution License has been activated, the subscription fees are non-refundable including the tax or any other regulatory fees such as taxes that ARGOS LABS collected on behalf of the regulatory agents.
If a deduction or withholding is required by law, you shall pay such additional amount.
Special conditions when Volume Discount has been applied
When end users elect to purchase more than 20 Process Automation Module (PAM) software of the Application on a single purchase order for one-time upfront payment, ARGOS LABS can offer a volume based discounted license fee (Volume Discount).
In case of purchase under the Volume Discount Agreement, you agree that PAMs under this purchase are only allowed to be deployed at new contract and not allowed for contract renewals of any of the PAMs from the same Volume Discount purchase.
For Volume Discount purchases, once any of the PAM’s License from the specific purchase has been activated, all PAM’s from the entire purchase become subject to the Non-refundable subscription fees above.
Indemnification
You agree to indemnify and hold ARGOS LABS and its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (if any) harmless from any claim or demand, including reasonable attorneys' fees, due to or arising out of your: (a) use of the Applications; (b) violation of this Agreement or any law or regulation; or (c) violation of any right of a third party.
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You may be subject to additional terms and conditions that apply when you use or purchase other ARGOS LABS's services, which ARGOS LABS will provide to you at the time of such use or purchase.
Non-cancellable licenses and non-refundable subscription fees
Non-cancellable licenses and non-refundable subscription fees
Once the solution License has been activated, the subscription commences and continues for the period of agreed upon terms. The subscription is non-cancellable. Likewise, the subscription fees are non-refundable including the tax or any other regulatory fees such as taxes that ARGOS LABS collected on behalf of the regulatory agents.
If a deduction or withholding is required by law, you shall pay such additional amount.
Special conditions of PAM when Volume Discount has been applied
When end users elect to purchase more than 20 PAM on a single purchase order for one-time upfront payment, ARGOS LABS can offer a volume based discounted license fee (Volume Discount).
In case of purchase under the Volume Discount Agreement, end users agree that PAMs under this purchase are not allowed to be used for contract renewals of any of the PAMs from the same purchase.