Fluig Identity 1.11

Acuerdo de licencia final de usuario

Fluig Identity requiere que aceptes la siguiente licencia de usuario antes de poder realizar la instalación:

<div style="padding-bottom:50px;">
<h1>Fluig Identity User Agreement</h1>
<p class="first">
TOTVS Inc., a California corporation doing business as TOTVS Labs. ("TOTVS” or “We") provides a website ("Site") featuring a web-based identity and access management and single-sign-on service (“Fluig Identity” or the “Service”) to enable users to securely connect to all of their applications and to control access to applications. As used in this Agreement, "User" or "You" shall refer to the person completing the registration process.
</p>
<h2>This Agreement</h2>
<p>
For purposes of this Agreement, the term "Agreement" means this Agreement, as well as all other terms, conditions, and rules that may be published or displayed from time to time by TOTVS on the Site or at any other link designated in this Agreement. We may, in our sole discretion, change or modify any term or portion of this Agreement at any time without notice to you by posting such changes on the Site. Your continued use of the Site and the Service after we post such changes will constitute your agreement to the amended terms of this Agreement. This Agreement may not be otherwise amended except in writing signed by both parties.
</p>
<h3>
User Representation
</h3>
<p>
You represent (i) that you are 18 years old or older; and (ii) that you agree to be bound to the terms and conditions of the Agreement.
</p>
<h3>
The Service
</h3>
<p>
Any unauthorized commercial use or resale of the Service is expressly prohibited. You agree to abide by all applicable local, state, national and international laws and regulations and are solely responsible for all acts or omissions that occur under your account or password, including the content of your account as used through the Service. By way of example, and not as a limitation, You agree not to:
</p>

  • <p>interfere with or disrupt networks connected to the Service or violate the regulations, policies or procedures of such networks; </p>
  • <p>attempt to gain unauthorized access to the Service, other accounts, computer systems or networks connected to the Service, through password mining or any other means; </p>
  • <p>place any software code (knowingly or unknowingly), on the Site or within the Service which may include, but not be limited to: cookies, bots, viruses, agents, sniffers or any and all other forms of user tracking processes, destructive processes or code, rerouting or jump functions, pop-up browser windows, or other forms of interference with the internal or external use of the Site or Service; </p>
  • <p>use the Site or Service on behalf of or for any entity, business or activity that is considered illegitimate or illegal or is willfully breaking any civil or criminal laws with its activities; or interfere with another member's use and enjoyment of the Service or another entity's use and enjoyment of similar services.</p>

<p>
We reserve the right, for any reason, at our sole discretion, to terminate, change, suspend or discontinue any aspect of the Site or the Service, including, but not limited to, content, features or hours of availability. We may also impose limits on certain features of the Service or restrict your access to part or all of the Site or the Service without notice or penalty. Furthermore, You are entirely responsible for any and all activities that occur under your account.
</p>

<p>
You agree to notify TOTVS immediately of any unauthorized use of your account or any other breach of security. You agree that TOTVS may implement certain automated procedures and software wizards for purposes of providing lost or forgotten passwords to You. Such procedures and wizards will require You to have the appropriate identifying information.
</p>

<h3>Your Information</h3>
<p>
In the course of your use of the Service, You will provide certain information to TOTVS during the registration, postings or through e-mail features (collectively the "User Information"). You agree that (i) you are responsible for all User Information, and TOTVS has no obligation to You for the accuracy or completeness of the User information; and (ii) you shall maintain and update User Information as necessary to keep it current, complete and accurate. Additionally, you acknowledge and agree that you are solely responsible for the ongoing accuracy and content of the User Information that you have placed on the Site and within the Service.
</p>

<p>
TOTVS will not disclose any personal information about You or your account, including its contents, to any third party without your prior written consent. Such express written consent may be obtained by TOTVS from time to time in electronic form by using, without limitation, online agreements, software wizards or other acknowledgements on the Site. Notwithstanding the foregoing, TOTVS may disclose information if TOTVS has a good faith belief that such action is necessary to: (1) conform to legal requirements or comply with legal process; (2) protect and defend the rights or property of TOTVS; (3) enforce this Agreement; or (4) act to protect the interests of its members or others.
</p>

<h3>
Pricing
</h3>

<p>
Pricing is structured to provide all customers with the most affordable and functionally rich environment available. You may elect to use the free version of the Service or the paid premium version of the Service. If you elect the paid premium version of the service, fees for accessing the Site are payable monthly in advance. This policy may be amended from time to time in order to comply with changes to regulations or the general business environment. TOTVS reserves the right to increase its fees for the Site and the Service upon thirty (30) days’ notice to you.
</p>

<h3>
DISCLAIMER OF WARRANTIES
</h3>
<p class="upper">
THE SITE AND SERVICE, INCLUDING ALL CONTENT, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE OR THE SERVICE, ARE PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY, ACCURACY OR FITNESS FOR A PARTICULAR PURPOSE. TOTVS DOES NOT WARRANT THAT THE SERVICE OR THE FUNCTIONS, FEATURES OR CONTENT CONTAINED THEREIN OR IN THE SITE WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE AND THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO CERTAIN MEMBERS IF DICTATED BY APPLICABLE LAW.
</p>

<h3>
LIMITATION OF LIABILITY
</h3>
<p class="upper">
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL TOTVS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR THE INABILITY TO USE THE SERVICE OR ANY CHANGES TO THE SERVICE. YOU SPECIFICALLY AGREE THAT TOTVS IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS IF DICTATED BY APPLICABLE LAW. IF PERMITTED BY LAW, TOTVS’ LIABILITY IS LIMITED TO RESUPPLYING THE SERVICE; PROVIDED, HOWEVER THAT TOTVS SHALL NOT BE REQUIRED TO RESUPPLY ANY PRODUCTS OR SERVICES PROVIDED BY THIRD PARTIES.
</p>

<h3>
Exclusion of Damages
</h3>
<p>
We shall not be liable for loss or damage resulting from any cause beyond our reasonable control, including, but not limited to: (i) Internet network failures or Internet capacity limitations, or acts or omissions of any Internet Service Provider (ISP), telecommunications provider, or electrical utility (ii) compliance with regulations, orders or instructions of any federal, state or municipal government or any department or agent thereof that delay or restrict performance hereunder, or (iii) acts of God, acts or omissions of third parties.
</p>

<h3>
Indemnification
</h3>
<p>
You agree to indemnify, defend and hold TOTVS and its parent corporation and affiliates and their officers, directors, employees and agents (collectively, the "Indemnified Parties"), harmless from and against any and all claims, losses, damages, liabilities, judgments and fees and expenses related thereto (including, without limitation, reasonable attorneys' fees), incurred by an Indemnified Party in connection with any claims arising out of, based upon or resulting from any breach or violation by You of this Agreement or any use by You of the Service or the Site. TOTVS reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, and You shall not in any event settle or otherwise dispose of any matter without the prior written consent of TOTVS.
</p>

<h3>
Termination by TOTVS
</h3>

<p>
If You are using the free version of the Service, TOTVS may terminate this Agreement and your use of the Service: a) upon notice based on your breach of this Agreement; b) for inactivity, which TOTVS currently views as a period of thirty (30) days with no log-in; or c) on ten (10) days’ notice to You without cause. If you are using the paid premium version of the Service, TOTVS may terminate this Agreement and your use of the Service: x), upon notice based on your breach of this Agreement; and y) upon thirty (30) days’ notice to You without cause.
</p>

<h3>
Termination by You
</h3>
<p>
User of the free version of the Service may terminate their use of the Service at any time with or without notice to TOTVS. Users of the paid premium version of the Service may terminate their use of the Service by notice to TOTVS; provided, however, that any fees paid in advance by User are not refundable, and further provided that notice must be received at least three (3) business days in advance of the billing date to avoid charges for the following month.
</p>

<h3>
No Obligation to Maintain Content
</h3>
<p>
In the event of termination of this Agreement and your use of the Service, whether such termination is by TOTVS or You and whether or not such termination is for cause, TOTVS shall have no obligation to maintain any content or other information in your account after the effective date of termination.
</p>

<h3>
Intellectual Property Rights
</h3>
<p>
TOTVS expressly retains title and ownership to all worldwide intellectual property rights, including without limitation, design, trade secrets, know-how, patent rights, trademarks, service marks and copyrights in and to the Site and the Services, and any modifications, adaptations, derivative works, and enhancements made thereto. You hereby waive any claim that You may have had or have to title and ownership of intellectual property rights in and to the Site and the Services and any modifications, adaptations, enhancements, or derivative works thereof.
</p>

<h3>
Choice of Law; Dispute Resolution
</h3>
<p>
This Agreement shall be governed by and in accordance with the laws of the State of California, in the United States of America without regard to conflicts of laws provisions. Except as provided below, all disputes or claims relating in any manner to this Agreement shall be settled by binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association in San Jose, California. The parties agree that the arbitrators in any such arbitration shall not be authorized to award any exemplary or punitive damages in connection with any claim settled by arbitration hereunder. The decision of the arbitrators shall be final and binding upon the parties and judgment upon the award may be entered in any court having competent jurisdiction. Notwithstanding the foregoing, We shall have the right to apply to a court of competent jurisdiction for any appropriate temporary or permanent injunction or other equitable relief, in addition to other available remedies at law (e.g., damages). You acknowledge that any use of the Site in violation of this Agreement shall constitute irreparable harm to us for which there is no remedy at law. The prevailing party in any dispute between the parties shall recover its reasonable attorneys’ fees and costs from the non-prevailing party.
</p>

<h3>
Notices And Disclosures
</h3>
<p>
Except as explicitly stated otherwise, any notices shall be given by e-mail to, in the case of TOTVS, support@fluigidentity.com, or in the case of a User to either: (i) the e-mail address you provide to TOTVS during the registration process, (ii) the mailing address provided to TOTVS during the registration process by certified mail, postage prepaid and return receipt requested, or (iii) such other address as you may specify. Notice shall be deemed given 24 hours after e-mail is sent, unless the sending party is notified that the e-mail address is invalid or, in the case of mailing, three (3) days after the date of mailing.
</p>

<h3>
General Provisions
</h3>
<p>
If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be enforced to the maximum extent permissible so as to effect the intent of this Agreement, and the remainder of this Agreement shall continue in full force and effect. The failure by either you or TOTVS to exercise or enforce any rights or provisions of this Agreement shall not constitute a waiver of such right or provision. You agree that any cause of action arising out of or related to the Service or this Agreement must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. This Agreement comprises the entire agreement between you and TOTVS and supersedes all prior agreements between the parties, regarding the subject matter contained herein. All provisions in this Agreement regarding representations and warranties, indemnification, disclaimers, payment obligations and limitations on liability shall survive any termination of this Agreement. Headings of particular Sections are inserted only for convenience and are not to be considered a part of this Agreement or be used to define, limit or construe the scope of any term or provision of this Agreement. Should any provision of this Agreement require judicial interpretation, the parties agree that the court or arbitrators construing the same shall not apply a presumption that the terms of this Agreement shall be more strictly construed against one party than against another.
</p>
</div>

Volver a Fluig Identity…