“App Marketplace" means the online directory of applications made available by the applicable CRM Platform provider.
The “Application(s)” or “App(s)” means the applicable CRM integration application made available to You from LivePerson.
“CRM Platform” means the applicable CRM platform application.
“LivePerson Platform” means the LivePerson customer engagement platform.
“LivePerson” means LivePerson, Inc. or any affiliated entities.
“You” means a user of the Application who also maintains active applicable CRM Platform and LivePerson Platform accounts.
GENERAL. LivePerson is making the Application available to You for use with the LivePerson Platform and each applicable CRM Platform. Your obligations under the applicable LivePerson Platform agreement shall remain in full force and effect with respect to all uses of the Application. By downloading this Application you agree to be bound by the terms and conditions herein and any additional terms and conditions as set forth by the CRM Platform or the App Marketplace.
LICENSE. By downloading the Application, LivePerson grants You a royalty-free, non-exclusive, non assignable, non-transferable, terminable right to use the Application solely in connection with Your internal business purposes.
TERMINATION. LivePerson reserves the right to discontinue any distribution of this Application and terminate all existing licenses immediately without notice if You breach this Agreement or immediately on notice if You fail to comply with your payment obligations herein. If LivePerson elects to terminate any licenses, You shall immediately cease all uses of the Application.
FEES. Any applicable fees shall be invoiced by LivePerson and will be payable within 30 days of Your receipt of invoice.
USER RESPONSIBILITIES. When using the Applications, You are responsible for (i) all activities occurring within the Application; (ii) all data that You use in connection with the Application; and (iii) providing LivePerson with accurate and complete information in order to access the Application. You represent and warrant, that you will keep Your account and user information current and notify us if it needs to be updated. You also agree that You will not mask or misrepresent Your identity or sell, transfer, sublicense or provide Your account credentials to another party. LivePerson takes no responsibility for any data or uses of the Application. In addition, You shall comply with all applicable local, state, federal and foreign laws and regulations in using the Application and shall not license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, time share or otherwise commercially exploit the Application.
DATA DISCLOSURE. You acknowledge and agree that when You use this Application all of Your data is stored by LivePerson in its servers and is also passed to the CRM Platform. The data passed to the CRM Platform will reside in the CRM Platform and will be subject to their data storage and privacy policies, which can be found on the CRM Platform provider’s website. You acknowledge and agree that Your usage data shall be subject to any terms and conditions set forth by the provider of the CRM Platform which may be different than those provisions found in Your LivePerson Platform agreement. You also acknowledge and agree that your usage data related to the Application may be stored on Amazon Web Services servers in the United States.
SUPPORT SERVICES. LivePerson will support this Application on a limited basis at its discretion; any standard support policies and service levels contained in Your LivePerson Platform agreement are not applicable to Your use of the Application and such standard support service levels and support policies shall have no bearing on the stability, uptime or use of this Application.
THE APP IS PROVIDED “AS IS,” WITHOUT ANY WARRANTY OR CONDITION OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE. LIVEPERSON EXPRESSLY DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY AND NON-INFRINGEMENT. THE ENTIRE RISK ARISING OUT OF ACCESS, USE OR PERFORMANCE OF THE APPLICATION REMAINS WITH YOU AND YOU ARE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE YOU MAY INCUR. LIVEPERSON MAKES NO WARRANTY THAT ACCESS TO OR USE OF THE APPLICATION WILL MEET YOUR REQUIREMENTS, OR THAT SUCH ACCESS AND USE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE.
IN NO EVENT SHALL LIVEPERSON HAVE ANY LIABILITY FOR YOUR OR THIRD PARTY CODE, APPLICATIONS, SOFTWARE, OR TECHNOLOGY OR ANY DAMAGES WHATSOEVER AS CONTEMPLATED BY LAW, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR DAMAGES BASED ON LOST PROFITS, HOWEVER CAUSED AND, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY.