the Application (and any and all developments, modifications, and derivative works of the Application),
any improvements, modifications, suggestions, work product, concepts, inventions, information, drawings, designs, programs, or software whether developed by Shopstory, Customer, either alone or with others,
any materials provided by Shopstory to Customer with respect to the Application and concerning its operation, including but not limited to any documentation, software (whether in object code or source code form), proprietary data, or other proprietary information developed or provided by Shopstory or its suppliers, such as text, graphics (including the underlying web-presentation code of the Application), logos, button icons, images, and any non-public know-how, methodologies, equipment, or processes used by Shopstory to provide the Application to Customer, and
all patents, copyrights, moral rights, trademarks, trade secrets, and any other form of intellectual property rights recognized in any jurisdiction, including Application s and registrations for any of the foregoing,(collectively “Shopstory Property”).
Those ToS are not an agreement of sale, and no title, patent, copyright, trademark, trade secret, intellectual property, or other ownership rights to any Shopstory Property is transferred to Customer
Shopstory hereby grants to Customer a limited, non-exclusive, non-transferable license to use Shopstory Property for the Customer’s use of the Application and solely for purposes of the using of the Application in accordance with the terms of this ToS. Any Shopstory Property related to Application will be deemed to constitute part of the Application and will be subject to all terms and provisions set forth in this Agreement or otherwise applicable to the Application, including terms and provisions related to use rights and restrictions, ownership and distribution of the Application.
Customer may print, copy and internally distribute program documentation, user manuals, product technical manuals and other information (either provided by Shopstory or made available by Shopstory online) describing the operation and use of the Application if and as available (the “Documentation”), provided, that Customer replicates all copyright and other proprietary rights notices contained in the original copy of the Documentation. Any Documentation and any copies made are the property and Confidential Information of Shopstory.
The Application constitutes protected copyrighted material and valuable trade secrets of Shopstory . Accordingly, Customer will not:
authorize or permit use of the Application or Documentation by other persons,
sublicense, lease, rent, loan or otherwise transfer to any third party the right to access and use the Application,
use or access the Application for the purpose of building a competitive product,
copy, frame, modify or create any derivative works of the Application (or any component, part, feature, function, user interface, or graphic thereof) or Documentation, except with the prior written consent of Shopstory or to the extent such restriction is prohibited by applicable law,
decompile, disassemble, reverse engineer or otherwise attempt to obtain or perceive the source code from which any component of the Application is compiled or interpreted,
use the Application as part of a time-share, cloud services or service bureau or on a hosted basis for its own ASP or SAAS offerings,
perform or disclose any benchmark or performance tests of the Application without Shopstory's prior written consent,
perform or disclose any security testing of the Application or associated infrastructure without Shopstory prior written consent including, but not limited to, network discovery, port and service identification, vulnerability scanning, password cracking, remote access testing, or penetration testing,
remove or modify any program markings or any notice of Shopstory s’ or its licensors’ proprietary rights,
use the Application in violation of applicable laws,
send or store infringing, obscene, threatening, or otherwise unlawful or tortious material, including material that violates privacy rights
send or store malicious code in connection with the Application,
interfere with or disrupt performance of the Application or the data contained therein,
attempt to gain access to the Application or its related systems or networks in a manner not set forth in the applicable Documentation.
Customer consents to Shopstory’s use (for marketing and promotion purposes) of:
trademarks and trade names which the Customer uses and to which it is entitled, including the Customer’s logo and logotype; this is tantamount to the use of these trademarks and trade names;
basic data on the scope of services provided by Shopstory for the benefit of the client (to build a case study). in particular, in the following scope:
in publications regarding Shopstory's activity, including on Shopstory’s websites;
in internal analyses and materials developed by Shopstory;
in offers and presentations prepared for Shopstory’s clients;
in Shopstory's advertising publications associated with Shopstory’s activity;
in case studies.