Terms

Last updated on: February 27, 2017

Terms of Use

The website located at http://codepilot.ai is a copyrighted work belonging to CodePilot.ai. Certain features of the Site may be subject to additional guidelines, terms, or rules, which will be posted on the Site in connection with such features. All such additional terms, guidelines, and rules are incorporated by reference into these Terms.

Cookies and Web Beacons

Like any other website, uses ‘cookies’. These cookies are used to store information including visitors’ preferences, and the pages on the website that the visitor accessed or visited. The information is used to optimize the users’ experience by customizing our web page content based on visitors’ browser type and/or other information.
These Terms of Use described the legally binding terms and conditions that oversee your use of the Site. BY LOGGING INTO THE SITE, YOU ARE BEING COMPLIANT THAT THESE TERMS and you represent that you have the authority and capacity to enter into these Terms. YOU SHOULD BE AT LEAST 18 YEARS OF AGE TO ACCESS THE SITE. IF YOU DISAGREE WITH ALL OF THE PROVISION OF THESE TERMS, DO NOT LOG INTO AND/OR USE THE SITE.
These terms require the use of arbitration Section 10.2 on an individual basis to resolve disputes and also limit the remedies available to you in the event of a dispute.

1. Accounts

Account Responsibilities. You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You approve to immediately notify the Company of any unauthorized use, or suspected unauthorized use of your Account. Company cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.

2. Access to the Site

Subject to these Terms, Company grants you a non-transferable, non-exclusive, revocable, limited license to access the Site solely for your own personal, noncommercial use.

Certain Restrictions.  The rights approved to you in these Terms are subject to the following restrictions: (a) you shall not sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site; (b) you shall not change, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site; (c) you shall not access the Site in order to build a similar or competitive website; and (d) except as expressly stated herein, no part of the Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means unless otherwise indicated, any future release, update, or other addition to functionality of the Site shall be subject to these Terms. All copyright and other proprietary notices on the Site must be retained on all copies thereof.
Company reserves the right to change, suspend, or cease the Site with or without notice to you. You approved that Company will not be held liable to you or any third-party for any change, interruption, or termination of the Site or any part.

No Support or Maintenance.  You agree that Company will have no obligation to provide you with any support in connection with the Site.
Excluding any User Content that you may provide, you are aware that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Site and its content are owned by Company or Company’s suppliers. Note that these Terms and access to the Site do not give you any rights, title or interest in or to any intellectual property rights, except for the limited access rights expressed in Section 2.1. Company and its suppliers reserve all rights not granted in these Terms.

3. User Content

Acceptable Use Policy.  The following terms constitute our “Acceptable Use Policy”:
You agree not to use the Site to collect, upload, transmit, display, or distribute any User Content (i) that violates any third-party right or any intellectual property or proprietary right; (ii) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual; (iii) that is harmful to minors in any way; or (iv) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party.
In addition, you agree not to: (i) upload, transmit, or distribute to or through the Site any software intended to damage or alter a computer system or data; (ii) send through the Site unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages; (iii) use the Site to harvest, collect, gather or assemble information or data regarding other users without their consent; (iv) interfere with, disrupt, or create an undue burden on servers or networks connected to the Site, or violate the regulations, policies or procedures of such networks; (v) attempt to gain unauthorized access to the Site, whether through password mining or any other means; (vi) harass or interfere with any other user’s use and enjoyment of the Site; or (vi) use software or automated agents or scripts to produce multiple accounts on the Site, or to generate automated searches, requests, or queries to the Site.
We reserve the right to review any User Content, and to investigate and/or take appropriate action against you in our sole discretion if you violate the Acceptable Use Policy or any other provision of these Terms or otherwise create liability for us or any other person. Such action may include removing or modifying your User Content, terminating your Account in accordance with Section 8, and/or reporting you to law enforcement authorities.
If you provide Company with any feedback or suggestions regarding the Site, you hereby assign to Company all rights in such Feedback and agree that Company shall have the right to use and fully exploit such Feedback and related information in any manner it believes appropriate. Company will treat any Feedback you provide to Company as non-confidential and non-proprietary.

4.  You agree to indemnify and hold Company and its officers, employees, and agents harmless, including costs and attorneys’ fees, from any claim or demand made by any third-party due to or arising out of (a) your use of the Site, (b) your violation of these Terms, (c) your violation of applicable laws or regulations or (d) your User Content. Company reserves the right to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Company. Company will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

5. Third-Party Links & Ads; Other Users
Third-Party Links & Ads. The Site may contain links to third-party websites and services, and/or display advertisements for third-parties. Such Third-Party Links & Ads are not under the control of Company, and Company is not responsible for any Third-Party Links & Ads. Company provides access to these Third-Party Links & Ads only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Links & Ads. You use all Third-Party Links & Ads at your own risk, and should apply a suitable level of caution and discretion in doing so. When you click on any of the Third-Party Links & Ads, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices.

Other Users. Each Site user is solely responsible for any and all of its own User Content. Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content, whether provided by you or by others. You agree that Company will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any Site user, we are under no obligation to become involved.
You hereby release and forever discharge the Company and our officers, employees, agents, successors, and assigns from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature, that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Site. If you are a California resident, you hereby waive California civil code section 1542 in connection with the foregoing, which states: “a general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”

6. Disclaimers

The site is provided on an “as-is” and “as available” basis, and company and our suppliers expressly disclaim any and all warranties and conditions of any kind, whether express, implied, or statutory, including all warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement. We and our suppliers make not guarantee that the site will meet your requirements, will be available on an uninterrupted, timely, secure, or error-free basis, or will be accurate, reliable, free of viruses or other harmful code, complete, legal, or safe. If applicable law requires any warranties with respect to the site, all such warranties are limited in duration to ninety (90) days from the date of first use.
Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. Some jurisdictions do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you.

7. Limitation on Liability

To the maximum extent permitted by law, in no event shall company or our suppliers be liable to you or any third-party for any lost profits, lost data, costs of procurement of substitute products, or any indirect, consequential, exemplary, incidental, special or punitive damages arising from or relating to these terms or your use of, or incapability to use the site even if company has been advised of the possibility of such damages. Access to and use of the site is at your own discretion and risk, and you will be solely responsible for any damage to your device or computer system, or loss of data resulting therefrom.
To the maximum extent permitted by law, notwithstanding anything to the contrary contained herein, our liability to you for any damages arising from or related to this agreement, will at all times be limited to a maximum of fifty U.S. dollars (u.s. $50). The existence of more than one claim will not enlarge this limit. You agree that our suppliers will have no liability of any kind arising from or relating to this agreement.
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.

8. Term and Termination. Subject to this Section, these Terms will remain in full force and effect while you use the Site. We may suspend or terminate your rights to use the Site at any time for any reason at our sole discretion, including for any use of the Site in violation of these Terms. Upon termination of your rights under these Terms, your Account and right to access and use the Site will terminate immediately. You understand that any termination of your Account may involve deletion of your User Content associated with your Account from our live databases. Company will not have any liability whatsoever to you for any termination of your rights under these Terms. Even after your rights under these Terms are terminated, the following provisions of these Terms will remain in effect: Sections 2 through 2.5, Section 3 and Sections 4 through 10.

9. Copyright Policy. Company respects the intellectual property of others and asks that users of our Site do the same. In connection with our Site, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination of users of our online Site who are repeated infringers of intellectual property rights, including copyrights. If you believe that one of our users is, through the use of our Site, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to our designated

Copyright Agent:

  1. your physical or electronic signature;
  2. identification of the copyrighted work(s) that you claim to have been infringed;
  3. identification of the material on our services that you claim is infringing and that you request us to remove;
  4. sufficient information to permit us to locate such material;
  5. your address, telephone number, and e-mail address;
  6. a statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and
  7. a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.

Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement.

10. General 

These Terms are subject to occasional revision, and if we make any substantial changes, we may notify you by sending you an e-mail to the last e-mail address you provided to us and/or by prominently posting notice of the changes on our Site. You are responsible for providing us with your most current e-mail address. In the event that the last e-mail address that you have provided us is not valid our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. Any changes to these Terms will be effective upon the earliest of thirty (30) calendar days following our dispatch of an e-mail notice to you or thirty (30) calendar days following our posting of notice of the changes on our Site. These changes will be effective immediately for new users of our Site. Continued use of our Site following notice of such changes shall indicate your acknowledgment of such changes and agreement to be bound by the terms and conditions of such changes.

Dispute Resolution. Please read this Arbitration Agreement carefully. It is part of your contract with Company and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.

  • Applicability of Arbitration Agreement. All claims and disputes in connection with the Terms or the use of any product or service provided by the Company that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement. Unless otherwise agreed to, all arbitration proceedings shall be held in English. This Arbitration Agreement applies to you and the Company, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Terms.
  • Notice Requirement and Informal Dispute Resolution. Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute describing the nature and basis of the claim or dispute, and the requested relief. A Notice to the Company should be sent to: 5465 Legacy Dr, 75024, Plano. After the Notice is received, you and the Company may attempt to resolve the claim or dispute informally. If you and the Company do not resolve the claim or dispute within thirty (30) days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award to which either party is entitled.
  • Arbitration Rules. Arbitration shall be initiated through the American Arbitration Association, an established alternative dispute resolution provider that offers arbitration as set forth in this section. If AAA is not available to arbitrate, the parties shall agree to select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of the arbitration except to the extent such rules are in conflict with the Terms. The AAA Consumer Arbitration Rules governing the arbitration are available online at adr.org or by calling the AAA at 1-800-778-7879. The arbitration shall be conducted by a single, neutral arbitrator. Any claims or disputes where the total amount of the award sought is less than Ten Thousand U.S. Dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is Ten Thousand U.S. Dollars (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules. Any hearing will be held in a location within 100 miles of your residence, unless you reside outside of the United States, and unless the parties agree otherwise. If you reside outside of the U.S., the arbitrator shall give the parties reasonable notice of the date, time and place of any oral hearings. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. If the arbitrator grants you an award that is greater than the last settlement offer that the Company made to you prior to the initiation of arbitration, the Company will pay you the greater of the award or $2,500.00. Each party shall bear its own costs and disbursements arising out of the arbitration and shall pay an equal share of the fees and costs of the ADR Provider.
  • Additional Rules for Non-Appearance Based Arbitration. If non-appearance based arbitration is elected, the arbitration shall be conducted by telephone, online and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise agreed by the parties.
  • Time Limits. If you or the Company pursues arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations and within any deadline imposed under the AAA Rules for the pertinent claim.
  • Authority of Arbitrator. If arbitration is initiated, the arbitrator will decide the rights and liabilities of you and the Company, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages, and to grant any non-monetary remedy or relief available to an individual under applicable law, the AAA Rules, and the Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and the Company.
  • Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient and less expensive than rules applicable in a court and are subject to very limited review by a court. In the event any litigation should arise between you and the Company in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND THE COMPANY WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.
  • Waiver of Class or Consolidated Actions. All claims and disputes within the scope of this arbitration agreement must be arbitrated or litigated on an individual basis and not on a class basis, and claims of more than one customer or user cannot be arbitrated or litigated jointly or consolidated with those of any other customer or user.
  • Confidentiality. All aspects of the arbitration proceeding shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.
  • Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Agreement shall continue in full force and effect.
  • Right to Waive. Any or all of the rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or affect any other portion of this Arbitration Agreement.
  • Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with Company.
    Small Claims Court. Nonetheless the foregoing, either you or the Company may bring an individual action in small claims court.
  • Emergency Equitable Relief. Anyhow the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Arbitration Agreement.
  • Claims Not Subject to Arbitration. Notwithstanding the foregoing, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, copyright, trademark or trade secrets shall not be subject to this Arbitration Agreement.
  • In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located within Netherlands County, California, for such purposes.

The Site may be subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree not to export, re-export, or transfer, directly or indirectly, any U.S. technical data acquired from Company, or any products utilizing such data, in violation of the United States export laws or regulations.

Company is located at the address in Section 10.8. If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Product of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.

Electronic Communications. The communications between you and Company use electronic means, whether you use the Site or send us emails, or whether Company posts notices on the Site or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Company in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Company provides to you electronically satisfy any legal obligation that such communications would satisfy if it were be in a hard copy writing.

Entire Terms. These Terms constitute the entire agreement between you and us regarding the use of the Site. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation”. If any provision of these Terms is held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Your relationship to Company is that of an independent contractor, and neither party is an agent or partner of the other. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Company’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. Company may freely assign these Terms. The terms and conditions set forth in these Terms shall be binding upon assignees.
Copyright/Trademark Information. Copyright © 2017 CA. All rights reserved. All trademarks, logos and service marks displayed on the Site are our property or the property of other third-parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.

Contact Information:
Address: 5465 Legacy Dr Plano, TX 75024
Telephone: 6122088081
Email: team@codepilot.ai

Privacy

Last updated on: January 18, 2017

Privacy Policy

This privacy policy has been compiled to better serve those who are concerned with how their ‘Personally Identifiable Information’ (PII) is being used online. PII, as described in US privacy law and information security, is information that can be used on its own or with other information to identify, contact, or locate a single person, or to identify an individual in context. Please read our privacy policy carefully to get a clear understanding of how we collect, use, protect or otherwise handle your Personally Identifiable Information in accordance with our website.

What personal information do we collect from the people that visit our blog, website or app?

When ordering or registering on our site, as appropriate, you may be asked to enter your email address or other details to help you with your experience.

When do we collect information?

We collect information from you when you register on our site, place an order, subscribe to a newsletter, respond to a survey, fill out a form, Use Live Chat, Open a Support Ticket or enter information on our site.

Provide us with feedback on our products or services

How do we use your information?

We may use the information we collect from you when you register, make a purchase, sign up for our communications, use our application, respond to a survey or marketing communication, surf the website, or use certain other site features in the following ways:

• To personalize your experience and to allow us to deliver the type of content and product offerings in which you are most interested.

• To improve our website and application in order to better serve you.

• To allow us to better service you in responding to your customer service requests.

• To administer a contest, promotion, survey or other site feature.

• To quickly process your transactions.

• To ask for ratings and reviews of services or products

• To follow up with them after correspondence (live chat, email or phone inquiries)

How do we protect your information?

Our website is scanned on a regular basis for security holes and known vulnerabilities in order to make your visit to our site as safe as possible.

We use regular Malware Scanning.

Your personal information is contained behind secured networks and is only accessible by a limited number of persons who have special access rights to such systems, and are required to keep the information confidential. In addition, all sensitive/credit information you supply is encrypted via Secure Socket Layer (SSL) technology.

We implement a variety of security measures when a user places an order to maintain the safety of your personal information.

All transactions are processed through a gateway provider and are not stored or processed on our servers.

Do we use ‘cookies’?

Yes. Cookies are small files that a site or its service provider transfers to your computer’s hard drive through your Web browser (if you allow) that enables the site’s or service provider’s systems to recognize your browser and capture and remember certain information. For instance, we use cookies to help us remember and process the items in your shopping cart. They are also used to help us understand your preferences based on previous or current site activity, which enables us to provide you with improved services. We also use cookies to help us compile aggregate data about site traffic and site interaction so that we can offer better site experiences and tools in the future.

We use cookies to:

• Understand and save user’s preferences for future visits.

• Compile aggregate data about site traffic and site interactions in order to offer better site experiences and tools in the future. We may also use trusted third-party services that track this information on our behalf.

You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. You do this through your browser settings. Since browser is a little different, look at your browser’s Help Menu to learn the correct way to modify your cookies.

If you turn cookies off, some features will be disabled. It won’t affect the user’s experience that make your site experience more efficient and may not function properly.

However, you will still be able to place orders .

Third-party disclosure

We do not sell, trade, or otherwise transfer to outside parties your Personally Identifiable Information unless we provide users with advance notice. This does not include website hosting partners and other parties who assist us in operating our website, application, conducting our business, or serving our users, so long as those parties agree to keep this information confidential. We may also release information when it’s release is appropriate to comply with the law, enforce our site policies, or protect ours or others’ rights, property or safety.

However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.

Third-party links

Occasionally, at our discretion, we may include or offer third-party products or services on our website. These third-party sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites.

Google

Google’s advertising requirements can be summed up by Google’s Advertising Principles. They are put in place to provide a positive experience for users. https://support.google.com/adwordspolicy/answer/1316548?hl=en

We have not enabled Google AdSense on our site but we may do so in the future.

California Online Privacy Protection Act

CalOPPA is the first state law in the nation to require commercial websites and online services to post a privacy policy. The law’s reach stretches well beyond California to require any person or company in the United States (and conceivably the world) that operates websites collecting Personally Identifiable Information from California consumers to post a conspicuous privacy policy on its website stating exactly the information being collected and those individuals or companies with whom it is being shared. – See more at: http://consumercal.org/california-online-privacy-protection-act-caloppa/#sthash.0FdRbT51.dpuf

According to CalOPPA, we agree to the following:

Users can visit our site anonymously.

Once this privacy policy is created, we will add a link to it on our home page or as a minimum, on the first significant page after entering our website.

Our Privacy Policy link includes the word ‘Privacy’ and can easily be found on the page specified above.

You will be notified of any Privacy Policy changes:

• On our Privacy Policy Page

Can change your personal information:

• By emailing us

• By logging in to your account

How does our site handle Do Not Track signals?

We honor Do Not Track signals and Do Not Track, plant cookies, or use advertising when a Do Not Track (DNT) browser mechanism is in place.

Does our site allow third-party behavioral tracking?

It’s also important to note that we allow third-party behavioral tracking

COPPA (Children Online Privacy Protection Act)

When it comes to the collection of personal information from children under the age of 13 years old, the Children’s Online Privacy Protection Act (COPPA) puts parents in control. The Federal Trade Commission, United States’ consumer protection agency, enforces the COPPA Rule, which spells out what operators of websites and online services must do to protect children’s privacy and safety online.

We do not specifically market to children under the age of 13 years old.

Fair Information Practices

The Fair Information Practices Principles form the backbone of privacy law in the United States and the concepts they include have played a significant role in the development of data protection laws around the globe. Understanding the Fair Information Practice Principles and how they should be implemented is critical to comply with the various privacy laws that protect personal information.

In order to be in line with Fair Information Practices we will take the following responsive action, should a data breach occur:

We will notify you via email

• Within 1 business day

We also agree to the Individual Redress Principle which requires that individuals have the right to legally pursue enforceable rights against data collectors and processors who fail to adhere to the law. This principle requires not only that individuals have enforceable rights against data users, but also that individuals have recourse to courts or government agencies to investigate and/or prosecute non-compliance by data processors.

CAN SPAM Act

The CAN-SPAM Act is a law that sets the rules for commercial email, establishes requirements for commercial messages, gives recipients the right to have emails stopped from being sent to them, and spells out tough penalties for violations.

We collect your email address in order to:

• Send information, respond to inquiries, and/or other requests or questions

• Process orders and to send information and updates pertaining to orders.

• Send you additional information related to your product and/or service

To be in accordance with CANSPAM, we agree to the following:

• Not use false or misleading subjects or email addresses.

• Identify the message as an advertisement in some reasonable way.

• Include the physical address of our business or site headquarters.

• Monitor third-party email marketing services for compliance, if one is used.

• Honor opt-out/unsubscribe requests quickly.

• Allow users to unsubscribe by using the link at the bottom of each email.

If at any time you would like to unsubscribe from receiving future emails, you can email us at

• Follow the instructions at the bottom of each email.

and we will promptly remove you from ALL correspondence.

Contacting Us

If there are any questions regarding this privacy policy, you may contact us using the information below.

http://codepilot.ai

5465 Legacy Dr

Plano, TX 75024

USA

team@codepilot.ai

End User License Agreement

Last updated on: January 18, 2017

End User License Agreement

CA End User License Agreement (the “Agreement”) for the CA software product that is being installed as well as the associated documentation and any SDK, as defined below, included within the product (“the Product”).

Carefully read the following terms and conditions regarding your use of the Product before installing and using the Product. Throughout this Agreement, you will be referred to as “You” or “Licensee.”

By installing or using the Product, you are

(I) Representing that you are not a minor, and have full legal capacity and have the authority to bind yourself and your employer, as applicable, to the terms of this Agreement;
(II) Consenting on behalf of yourself and/or as an authorized representative of your employer, as applicable, to be bound by this Agreement.

By selecting the “I do NOT accept the terms of the License Agreement” radio button below, and then clicking on the “Cancel” button, the installation process will cease.

1. CA, Inc. (or the CA entity respectively identified after Section 15 below for the country / countries in which the Product is being supplied), (“CA”) provides Licensee with one (1) copy of the Product, for use in accordance with such (a) quantity and (b) CA published criteria for measuring the usage of the Product (such as, but not limited to, MIPS, CPUs, tiers, servers, or users), designated as the authorized use limitation (“Authorized Use Limitation”) on any Order Form (defined below) or CD sleeve included within the Product box. CA licenses the Product to Licensee on a limited, non-exclusive, non-transferable basis only for internal business use during the Term and other terms and conditions of (a) any CA Order Form or Registration Form which has been signed or otherwise contracted between Licensee and a CA affiliate; or (b) a License Program Certificate which is provided by CA to Licensee, as applicable, referencing and incorporating the terms of this Agreement (each hereafter referred to as the “Order Form”).

2. If the Product is an alpha or beta version of the program, hereinafter referred to as the “beta program” or “beta version” and not generally available to date, CA does not guarantee that the generally available release will be identical to the beta program or that the generally available release will not require reinstallation. Licensee agrees that if it registers for support or if otherwise required by CA, Licensee shall provide CA with specific information concerning Licensee’s experiences with the operation of the Product. Licensee agrees and acknowledges that the beta version of the Product (a) is to be used only for testing purposes and not to perform any production activities unless CA shall have otherwise approved in writing and (b) has not been tested or debugged and is experimental and that the documentation may be in draft form and will, in many cases, be incomplete. Licensee agrees that CA makes no representations regarding the completeness, accuracy or Licensee’s use or operation of the beta version of the Product. BETA PRODUCTS ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR REPRESENTATIONS OF TITLE OR NON-INFRINGEMENT. If Licensee is also a tester of the beta version of the Product (as defined by the beta testing or pre-release testing agreement (“Beta Testing Agreement”) that was agreed to by Licensee during the registration process before obtaining the beta version of the Product), Licensee agrees that the terms of this Agreement are in addition to, and do not supersede, the terms of the Beta Testing Agreement.

3. If the Product is being licensed on a trial or evaluation basis, Licensee agrees to use the Product solely for evaluation purposes, in accordance with the usage restrictions set forth in Section 1, for a thirty-day evaluation period unless a different period is otherwise noted (the “Trial Period”). At the end of the Trial Period, Licensee’s right to use the Product automatically expires and Licensee agrees to de-install the Product and return to CA all copies or partial copies of the Product or certify to CA in writing that all copies or partial copies of the Product have been deleted from Licensee’s computer libraries and/or storage devices and destroyed. If Licensee desires to continue its use of the Product beyond the Trial Period, Licensee may contact CA or a CA affiliate to acquire a license to the Product for the applicable fee. LICENSEE’S USE OF THE PRODUCT DURING THE TRIAL PERIOD IS ON AN “AS IS” BASIS WITHOUT ANY WARRANTY, AND CA DISCLAIMS ALL WARRANTIES INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS ANY EXPRESS WARRANTIES PROVIDED ELSEWHERE IN THIS AGREEMENT.

4. If the Product includes a Software Development Kit (“SDK”), the terms and conditions of this paragraph apply solely for the use of the SDK. The SDK may include software, APIs and associated documentation. The SDK is provided solely for Licensee’s internal use to develop software that enables the integration of third party software or hardware with the Product, or to develop software that functions with the Product, such as an agent. Licensee’s use of the SDK is restricted solely to enhance Licensee’s internal use of the Product. No distribution rights of any kind are granted to Licensee regarding the Product. In addition to the limitations on use set forth in Section 8, below, Licensee may not reproduce, disclose, market, or distribute the SDK or the documentation or any applications containing any executable versions of the SDK to third parties, on the internet, or use such executables in excess of the applicable Authorized Use Limitation. If there is a conflict between the terms of this section and the terms of any other section in this Agreement, the terms of this section will prevail solely with respect to the use of the SDK.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND NOTWITHSTANDING ANYTHING CONTAINED HEREIN TO THE CONTRARY, THE SDK IS PROVIDED AND LICENSED “AS IS” WITHOUT WARRANTY OF ANY KIND.

5. Payment of the fees specified on the Order Form or as agreed between Licensee and an authorized reseller of CA or any of the CA affiliates, shall entitle Licensee to use the Product for the term specified on the Order Form (the “Term”), which use may include the right to receive maintenance services therefore for the period set forth on the Order Form. All fees payable hereunder shall be payable as stated in the Order Form, or if not stated, shall be payable net thirty (30) days from the CA invoice date. Licensee will install each new release of the Product delivered to Licensee. After the initial Term, continued usage and/or maintenance of the Product as provided herein shall be subject to the payment by Licensee of the fees described on the Order Form. If You are acquiring licenses of the Product from an authorized CA reseller, the terms of this Agreement governing payments, pricing and discounts shall not apply as such terms are between You and your chosen CA reseller. Any terms that may appear on a Licensee purchase order (including without limitation pre-printed terms), or as part of Licensee’s order with an authorized CA reseller, that conflict or vary from the terms and conditions of this Agreement shall not apply to the Product and shall be deemed null and void. Notwithstanding the foregoing, with respect to any Product that relies on continuous content updates, such as signature files and security updates, Licensee shall be entitled to such content updates for a period of one (1) year from the effective date of the license.

6. If maintenance is provided by CA or a CA affiliate, it shall be renewed annually as specified in the Order form. All fees are net of applicable taxes. Licensee agrees to pay any tariffs, duties or taxes imposed or levied by any government or governmental agency including, without limitation, federal, state and local, sales, use, value added and personal property taxes, (other than franchise and income taxes for which CA is responsible) upon a presentation of invoices by CA or a CA affiliate, as applicable. Any claimed exemption from such tariffs, duties or taxes must be supported by proper documentary evidence delivered to CA. Any invoice which is unpaid by Licensee when due shall be subject to an interest charge equal to the lower of 1.5% per month or the highest applicable legal rate.

7. Licensee may install and deploy the Product in the territory specified in the Order Form up to the Authorized Use Limitation. Licensee may permit its Authorized End Users access to the Product for Licensee’s and its Affiliates’ internal business wherever located, provided that Licensee hereby expressly agrees that a breach by an Authorized End User shall be considered to be a breach by and the responsibility of Licensee. Licensee may relocate the Product to a new Licensee location within the territory specified in the Order Form upon prior written notice. For purposes hereof, “Authorized End Users” means Licensee, its Affiliates and their employees and independent contractors (but excluding any outsourcer, facilities management providers, managed service provider, or application service provider) that are bound by terms and conditions no less restrictive than those contained herein and are acting on behalf of Licensee and not a third party; “Affiliate” with respect to Licensee means any legal entity in which the Licensee directly or indirectly Controls; and “Control” means ownership or control of greater than 50% of an entity’s shares or control of the board of such entity by force of law or contract, or the equivalent. If Licensee desires to use the Product beyond such restrictions, it shall notify CA or the CA affiliate the Licensee has procured the Product from, and Licensee will be invoiced for and shall pay the applicable fees for such expanded use.

8. The Product, including any source or object code that may be provided to Licensee hereunder, as well as documentation, appearance, structure and organization, is the proprietary property of CA and/or its licensors, if any, and may be protected by copyright, patent, trademark, trade secret and/or other laws. Title to the Product, or any copy, modification, translation, partial copy, compilation, derivative work or merged portion of any applicable SDK, shall at all times remain with CA and/or its licensors. Licensee agrees that CA may use any feedback provided by Licensee related to the Product for any CA business purpose, without requiring consent including reproduction and preparation of derivative works based upon such feedback, as well as distribution of such derivative works. Usage rights respecting the Product may not be exchanged for any other CA product. The Product is licensed as a single product. Its component parts may not be separated for use. Licensee and its Authorized End Users will keep the Product and the terms of this license strictly confidential and use its best efforts to prevent and protect the Product from unauthorized disclosure or use. Licensee may not (i) disclose, de-compile, disassemble nor otherwise reverse engineer the Product except to the extent the foregoing restriction is expressly prohibited under applicable law; (ii) create any derivative works based on the Product; (iii) use the Product to provide facilities management, outsourcing, service bureau, hosted services, cloud services, on demand services or like activity whereby Licensee, without a CA license authorizing such purpose, operates or uses the Product for the benefit of a third party; or (iv) permit the use of the Product by any third party, except as authorized by CA in writing. Licensee shall not release the results of any benchmark testing of the Product to any third party without the prior written consent of CA. Licensee will not transfer, assign, rent, lease, use, copy or modify the Product, in whole or in part, or permit others to do any of the foregoing with regard to the Product without CA’s prior written consent, except to the extent the foregoing restriction is expressly prohibited under applicable law. Licensee will not remove any proprietary markings of CA or its licensors. Licensee may make a reasonable number of copies of the Product for disaster recovery “cold standby”, backup and archival purposes; provided that use of such copies is limited to testing Licensee’s disaster recovery procedures and effectiveness and as is necessary during any reasonable period subsequent to the occurrence of an actual disaster during which Licensee cannot operate the Product. If this license terminates for any reason, Licensee shall certify to CA in writing that all copies and partial copies of the Product have been deleted from all computers and storage devices and are returned to CA or destroyed and are no longer in use. Licensee acknowledges that the Product is subject to control under European and U.S. law, including the Export Administration Regulations (15 CFR 730-774) and agrees to comply with all applicable import and export laws and regulations. Licensee agrees that the Product will not be exported, reexported or transferred in violation of U.S. law or used for any purpose connected with chemical, biological or nuclear weapons or missile applications, nor be transferred or resold, if Licensee has knowledge or reason to know that the Product is intended or likely to be used for such purpose. The Product and any accompanying documentation have been developed entirely at private expense and are “commercial item(s)” and “commercial computer software” as those terms are defined in Federal Acquisition Regulation Subpart 2.101 “Definitions.” The Product is exempt from disclosure under the Freedom of Information Act (FOIA), 5 U.S.C. §552(b) under one or more exemptions to that Act (or a similar U.S. state statute, as applicable). Any Product previously delivered to You may not be delivered again. Any Product not previously delivered to Licensee will be delivered to Licensee or its chosen reseller following receipt by CA of an acceptable order. The Product shall be delivered either by electronic delivery (“ESD”) or, if CA or a CA affiliate respectively requires delivery in tangible media, CPT, as defined in INCOTERMS 2010, from CA’s or such CA affiliate’s shipping point. CA or the CA affiliate from which Licensee is procuring the Product agrees to be responsible for all customs duties and clearances and title to any CA hardware if included will pass upon point of delivery to carrier at CA’s or such CA affiliate’s shipping location. In the event of electronic delivery, no tangible personal property will be delivered. Such electronic delivery may not automatically provide for an exemption from applicable sales or use tax. Any operating system identified as “Generic” or “GA” denotes such operating systems for which the Product is made generally available by CA in accordance with CA current published specifications.. Acceptance is waived and deemed to have occurred at the earliest of point of physical shipment or delivery of keys/access codes for electronic delivery. CA Inc. is the manufacturer of the Product.CA reserves the right, on notice to You, to conduct an audit remotely or onsite of Licensee and/or Your Affiliates facilities to verify compliance by Licensee and its Authorized End Users with the terms of this Agreement. CA agrees that such audit shall be conducted during regular business hours at Your offices and CA shall endeavor to conduct such audit so as not to interfere unreasonably with Your activities and/or use an independent third party to conduct the audit subject to terms of non-disclosure if required. This Agreement shall be governed by and interpreted in accordance with the laws of the State of New York, without regard to its choice of law provisions, and any action arising under or relating to the Agreement shall lie within the exclusive jurisdiction of the State and Federal Courts located in Suffolk County, New York.

9. CA warrants that it can enter into this Agreement and that it will indemnify Licensee, or, at its option, settle any third party claim that CA is not so authorized or that Licensee’s use of the Product as authorized hereby infringes any United States patent or copyright within the jurisdictions where Licensee is authorized to use the Product at the time of delivery. CA also warrants that its distributed Product will operate materially in accordance with its published specifications set forth within the documentation for a period of ninety (90) days after delivery of the Product to Licensee, provided that CA’s only responsibility will be to use reasonable efforts, consistent with industry standards, to cure any defect. If, within a reasonable time after receiving Licensee’s written notice of breach of either of the above warranties, CA is unable to cause the Product to operate (a) without infringing a third party’s intellectual property rights, or (b) materially in accordance with CA’s written specifications, then CA may terminate the license and provide or arrange for a pro-rata refund to Licensee or its authorized CA reseller of the license fees and or the support and maintenance fees paid. In the event of such termination, the pro-rata refund shall be calculated on (i) the number of months left remaining on the Term of the applicable Order Form or (ii) if the Product is licensed under a perpetual license, using (only for purposes of a refund calculation) an amortization schedule of three (3) years. The warranties set forth in this Section do not apply to beta, trial, evaluation or demonstration versions of the Product, or to Software Development Kits. CA shall have no liability to indemnify or to remedy a warranty claim: (i) in the event the allegation of infringement or warranty claim is a result of a modification of the Product except a modification by CA, (ii) if the Product is not being used in accordance with CA’s specifications, related documentation and guidelines, (iii) if the alleged infringement or warranty claim would be avoided or otherwise eliminated by the use of a CA published update or patch, (iv) if the alleged infringement or warranty claim is a result of use of the Product in combination with any third party product, or (v) if the applicable fees due for the Product have not been paid or Licensee is otherwise in breach of this Agreement. The indemnifications contained herein shall not apply and CA shall have no liability in relation to any Product produced by CA at the specific direction of Licensee. THE FOREGOING PROVISIONS STATE THE ENTIRE LIABILITY AND OBLIGATIONS OF CA REGARDING CLAIMS OF INFRINGEMENT, AND THE EXCLUSIVE REMEDY AVAILABLE TO LICENSEE WITH RESPECT TO ANY ACTUAL OR ALLEGED INFRINGEMENT OR MISAPPROPRIATION OF ANY INTELLECTUAL PROPERTY OR OTHER PROPRIETARY RIGHTS.

10. EXCEPT AS SET FORTH ABOVE, TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW:

(I) NO OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE MADE BY CA;
(II) IN NO EVENT WILL CA BE LIABLE TO LICENSEE OR ANY OTHER PARTY FOR ANY CLAIM FOR LOSS, INCLUDING TIME, MONEY, GOODWILL, AND CONSEQUENTIAL OR INDIRECT DAMAGES, WHICH MAY ARISE FROM THE USE, OPERATION OR MODIFICATION OF THE PRODUCT, EVEN IF CA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT THAT THE ABOVE LIABILITY LIMITATION IS FOUND TO BE INVALID UNDER APPLICABLE LAW, THEN CA’S LIABILITY FOR SUCH CLAIM SHALL BE LIMITED TO THE AMOUNT OF THE LICENSE FEE ACTUALLY PAID FOR THE PRODUCT BY LICENSEE. NO THIRD PARTY, INCLUDING AGENTS, DISTRIBUTORS, OR AUTHORIZED CA RESELLERS IS AUTHORIZED TO MODIFY ANY OF THE ABOVE WARRANTIES OR MAKE ANY ADDITIONAL WARRANTIES ON BEHALF OF CA. CA DOES NOT WARRANT THAT THE PRODUCT WILL MEET LICENSEE’S REQUIREMENTS OR THAT USE OF THE PRODUCT WILL BE UNINTERRUPTED OR ERROR FREE.

11. Licensee may assign this Agreement only if Licensee complies with CA’s then prevailing policies respecting assignment of licenses, which includes a requirement that the scope of use of the Product not be expanded beyond the business of Licensee and the business of Licensee’s majority-owned subsidiaries.

12. If Licensee breaches any term of this Agreement or if Licensee becomes insolvent or if bankruptcy or receivership proceedings are initiated by or against Licensee, CA shall have the right to withhold its own performance hereunder and/or to terminate this Agreement immediately and, in addition to all other rights of CA, all amounts due or to become due hereunder, if any, will immediately be due and payable to CA or the CA affiliate the Licensee was procuring the Product from.

13. If Licensee fails to pay the applicable maintenance fee, then Licensee may reinstate maintenance thereafter by paying to CA or the respective CA affiliate a fee equal to 150% of CA’s then prevailing maintenance fee for each year for which the maintenance fee has not been paid.

14. If a court holds that any provision of this Agreement to be illegal, invalid or unenforceable, the remaining provisions shall remain in full force and effect. No waiver of any breach of this Agreement shall be a waiver of any other breach, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party. Any questions concerning this Agreement should be referred to CA, Inc., One CA Plaza, Islandia, NY 11749, Attention: Worldwide Law Department.

15. In the event Licensee acquires a license for the Product outside of the United States, the following Sections will apply to the use of the Product:

Notwithstanding the terms of the last sentence of Section 8, the laws of the country in which Licensee acquires a license for the Product shall govern this Agreement, except as otherwise provided below:

Europe, Middle East and Africa

1. In EMEA the CA entity that is the licensor is CA Europe Sàrl (“CA Europe”). CA Europe Sàrl is the licensor for Products which have been made available to Licensee by way of license from CA Europe Sàrl through a local CA subsidiary in EMEA or through an authorized CA reseller. The CA support and maintenance, if any, is being provided by a local CA subsidiary or by an authorized CA reseller.

2. EMEA means Europe, Middle East and Africa.

3. Section 9, third sentence and fifth sentence shall only apply to third party rights infringement. Section 9, second sentence is deleted and replaced with:
“CA Europe also warrants that the Product will operate materially in accordance with the applicable specifications set forth within the documentation of the Product subject always to Licensee’s compliance with the terms of this Agreement. If CA Europe has breached this warranty Licensee’s remedy is for CA Europe, in consultation with Licensee, to either (i) use reasonable efforts consistent with industry standards to cure the defect, or (ii) replace the Product with one that materially complies with the documentation. If the defect cannot be cured within a reasonable period of time or if the rectification of the defect or replacement has finally failed, Licensee shall have (i) in case of a subscription license the right to reasonably reduce the fees agreed and/or terminate immediately for cause, if the legal or statutory requirements are met; (ii) in case of a perpetual license, at its option, the right (1) to rescind or reduce the fees agreed in the applicable transaction document and (2) claim damages or to claim reimbursement of futile expenditures. The right to claim damages or futile expenditures shall be subject to the limitations of liability set forth below in section 10. In case of a perpetual license the warranty claims stated herein shall become time-barred within ninety (90) days after delivery of the Product. Warranty remedies are conditioned upon (i) any error or defect complained of is reasonably reproducible by CA Europe, (ii) the Product is not modified and is being used in accordance with the documentation, and (iii) the breach is not attributable in whole or in part to any non-CA product(s) or service(s). The above warranties are the sole warranties provided by CA Europe. No other warranties, including that the Product is error free, whether express or implied, including, without limitation, the implied warranties of satisfactory quality, non-infringement, or suitability and/or the warranty of fitness for a particular purpose are made by CA Europe or its suppliers. If Licensee claims under this warranty section, Licensee is not entitled or eligible to seek the same warranty remedies from any other CA affiliate.”

4. Section 10 is deleted and replaced with:

“10.1 CA Europe’s liability shall, regardless of the reason for the liability, be unlimited in cases of death or bodily injury or injury of health and damages caused by gross negligence or willful default of CA Europe or the grossly negligent or willful default of CA Europe’s legal representatives or persons whom CA Europe occupies with the performance of its contractual obligations and in cases of liability under the Product Liability Act (“Produktehaftpflichtgesetz”).
10.2 In case of slight negligence CA Europe shall, regardless of the reason for the liability, only be liable, if CA Europe violates an obligation, which is essential for the execution of the Agreement and in the fulfillment of which the other party regularly trusts. In this case, CA Europe’s liability to Licensee will be limited to damages which have been foreseeable and which can typically arise in connection with this Agreement.
10.3 Further to the above CA Europe’s liability to the Licensee for indirect, special and consequential damages (including, without limitation, loss of profits, loss of business, loss of opportunity or loss of goodwill) shall be limited to damages which have been foreseeable and which can typically arise in connection with this Agreement.
10.4 It is the parties’ understanding that the foreseeable damages that can typically arise in connection with the licenses granted in this Agreement in the meaning of sections 10.2 and 10.3 above shall be limited to a maximum of the fees paid or owed for the then current initial or renewal Term for which the Licensee has procured the Product.
10.5 The liability for loss of data shall be limited to the typical recovery efforts in the case of regular and adequate data back-up.
10.6 The remedies provided in this Agreement are the exclusive remedies of the parties.”

5. The following sections are added to this Agreement:

“Force Majeure. Except for payment obligations and obligations pertaining to non-disclosure, notwithstanding any contrary provision in this Agreement, neither Party will be liable for any action taken, or any failure to take any action required to be taken, in the event and to the extent that the taking of such action or such failure arises out of causes beyond a party’s control, including, without limitation, war, civil commotion, act of God, strike or other stoppage (whether partial or total) of labor, any law, decree, regulation or order of any government or governmental body (including any court or tribunal).”

“Licensee Data. If Licensee transfers any personal data to CA Europe as a requirement pursuant to any Product, then Licensee represents that (i) it is duly authorized to provide personal data to CA Europe and it does so lawfully in compliance with relevant legislation, (ii) CA Europe and any entity within the CA group of companies (each a “CA entity”) or its subcontractors can process such data for the purposes of performing its obligations and (iii) CA Europe may disclose such data to any CA entity and its subcontractors for this purpose and may transfer such data to countries outside of the country of origin. CA, Inc. is Safe Harbour certified and the CA entities have committed to comply with relevant data protection/privacy legislation.”

6. The laws of Switzerland (excluding its conflict of laws provisions) shall govern the construction and enforceability of this Agreement. The parties agree that any action arising under or relating to this Agreement shall lie within the exclusive jurisdiction of the Swiss courts located in Zürich. The United Nations Convention on Contracts for the International Sale of Goods will not apply to this Agreement.

7. Any questions concerning this Agreement for EMEA should be referred to CA Europe Sàrl located at Building A, Lake Geneva Centre, Route de la Longeraie 9, 1110 Morges, Switzerland, Attention: Worldwide Law Department.

Argentina
The CA subsidiary that is the licensor is CA Argentina S.A.

The last sentence of Section 8 is deleted and replaced with:
This Agreement shall be governed by and interpreted in accordance with the laws of Argentina. Any dispute hereunder shall be determined by the Tribunales de la Cuidad de Buenos Aires.

The last sentence of Section 14 is deleted and replaced with:
Any questions concerning this Agreement should be referred to CA de Argentina S.A, Avenida Alicia Moreau de Justo, 400, 2 piso, 1107, Buenos Aires – At.: Finance Department.

Australia
The CA subsidiary that is the licensor is CA (Pacific) Pty. Ltd (ABN 20 001 146 345).

The following is added to each of the end of Sections 2, 3 and 10:
Although CA specifies that there are no warranties, Licensee may have certain rights under the Competition and Consumer Act 2010 and other state and territory legislation which may not be excluded but may be limited. To the full extent permitted by law CA excludes all terms not expressly set out in the express terms of this Agreement, and limits any terms imposed by the Competition and Consumer Act 2010 and other state and territory legislation to the full extent permitted by the applicable legislation.

The last sentence of Section 8 is deleted and replaced with:
The laws of the State or Territory in which the transaction is performed govern this Agreement.

The following is added to Section 10:
Where CA is in breach of a condition or warranty implied by the Competition and Consumer Act 2010 or other state and territory legislation, CA’s liability is limited, in the case of goods, to the repair or replacement of the goods, or payment for the repair or replacement of the goods, and in the case of services, the supplying of the services again or payment for the re-supply of the services, as CA may elect. Where that condition or warranty relates to a right to sell, quiet possession or clear title, in respect of goods or if the goods supplied by CA are of a kind ordinarily acquired for personal, domestic or household use or consumption, then none of the limitations in this Section apply.

Brazil
The CA subsidiary that is the licensor is CA Programas de Computador, Participaçðes e Serviços Ltda.

The last sentence of Section 8 is deleted and replaced with:
This Agreement shall be governed by and interpreted in accordance with the laws of Brazil. Any dispute hereunder shall be determined by a court of the São Paulo City Hall.

The last sentence of Section 14 is deleted and replaced with:
Any questions concerning this Agreement should be referred to CA Programas de Computador, Participaçðes e Serviços Ltda., Avenida das Nações Unidas, 12901 – 6 andar – Torre Norte – São Paulo – SP, 04578-000, At.: Worldwide Law Department.

Canada
The CA subsidiary that is the licensor is CA Canada Company.

The last sentence of Section 8 is deleted and replaced with:
The laws in the Province of Ontario shall govern this Agreement.

Chile
The CA subsidiary that is the licensor is CA de Chile, S.A.

The last sentence of Section 8 is deleted and replaced with:
This Agreement shall be governed by and interpreted in accordance with the laws of Chile. Any dispute hereunder shall be determined by the Tribunales Ordinarios de la Cuidad de Santiago.

The last sentence of Section 14 is deleted and replaced with:
Any questions concerning this Agreement should be referred to CA de Chile, S.A, Avenida Providencia 1760, piso 15 – Edificio Palladio, oficina 1501 – 6640709 Providencia – Santiago – At.: Finance Department.

China
The CA subsidiary that is the licensor is CA (China) Co., Ltd.

The second sentence of Section 6 is deleted and replaced with:
All fees are inclusive of VAT.

The last sentence of Section 8 is deleted and replaced with:
This Agreement shall be governed by and interpreted in accordance with the laws of the People’s Republic of China, without regard to its choice of law provisions. Any dispute hereunder shall be determined by a competent court located in Beijing.

Colombia
The CA subsidiary that is the licensor is CA Software de Colombia S.A.

The last sentence of Section 8 is deleted and replaced with:
This Agreement shall be governed by and interpreted in accordance with the laws of Colombia. Any dispute hereunder shall be determined by the Tribunales Ordinarios de la Cuidad de Bogotá.

The last sentence of Section 14 is deleted and replaced with:
Any questions concerning this Agreement should be referred to CA Software de Colombia S.A, Edificio Grupo Santander Central Hispano Torre 2 – Oficina 401 Carrera 7 – Nº 99-53 – Bogotá D.C. – Colombia – At.: Finance Department.

Hong Kong
The CA subsidiary that is the licensor is CA (Hong Kong) Limited which is also its principal place of business at Suites 2301 2306, 23rd Floor, Dah Sing Financial Centre, 108 Gloucester Road, Wanchai, Hong Kong.

The last sentence of Section 8 is deleted and replaced with:
This Agreement shall be governed by and interpreted in accordance with the laws of Hong Kong. The courts of Hong Kong will have sole and exclusive jurisdiction with respect to any disputes arising out of this Agreement.

The following is added at the end of Section 10: The aforementioned liability limitation and the aforementioned maximum liability amount will not affect or prejudice the statutory rights of the licensee under the sale of goods ordinance, the supply of services (implied terms) ordinance or the control of exemption sections ordinance, nor will they limit or exclude any liability for death or personal injury solely caused by CA’s negligence.

India
The CA subsidiary that is the licensor is CA (India) Technologies Private Limited.

The last sentence of Section 8 is deleted and replaced with:
This Agreement and the terms hereof shall be governed and construed in accordance with the laws of India and the courts of Mumbai shall have sole and exclusive jurisdiction with respect to any disputes arising out of this Agreement. In the event the Product is delivered electronically, the said Product shall be made available by CA for downloading from a server situated in a country other than India.

Indonesia (refer to Singapore)

Japan
The CA subsidiary that is the licensor is CA Japan, Ltd.

The third sentence of Section 6 is deleted and replaced with:
Licensee agrees to pay any tariffs, duties or taxes imposed or levied by any government or governmental agency other than the taxes for which CA is responsible upon a presentation of invoices by CA.

The last sentence of Section 8 is deleted and replaced with:
This Agreement shall be governed by and interpreted in accordance with the laws of the country of Japan, without regard to its choice of law provisions. Any dispute hereunder shall finally be determined by Tokyo District Court located in Tokyo Japan.

The last sentence of Section 14 is deleted and replaced with:
Any questions concerning this Agreement should be referred to CA Japan, Ltd., 2-7-9, Hirakawa-cho, Chiyoda-ku, Tokyo, 102-0093, Japan, Attention: Worldwide Law Department.

Korea
The CA subsidiary that is the licensor is CA Korea Inc., Ltd.

The last sentence of Section 8 is deleted and replaced with:
This Agreement shall be governed by and interpreted in accordance with the laws of Republic of Korea, without regard to its choice of law provisions.

The last sentence of Section 14 is deleted and replaced with:
Any questions concerning this Agreement should be referred to CA Korea Inc., Ltd, City Air Tower (18th Fl.), 159-9, Samsung-Dong, Kangnam-Ku, Seoul 135-973 Korea, Attention: Worldwide Law Department.

Malaysia
The CA subsidiary that is the licensor is CA (Malaysia) Sdn. Bhd.

The last sentence of Section 8 is deleted and replaced with:
This Agreement shall be governed by and interpreted in accordance with the laws of Malaysia. The courts of Malaysia will have sole and exclusive jurisdiction with respect to any disputes arising out of this Agreement.

The following is added to Section 10:
Although CA specifies that there are no other warranties, Licensee may have certain rights under the Consumer Protection Act 1999 and the warranties are only limited to the extent permitted by the applicable legislation.

Mexico
The CA subsidiary that is the licensor is CA Software de México S.A. de C.V.

The last sentence of Section 8 is deleted and replaced with:
This Agreement shall be governed by and interpreted in accordance with the laws of México. Any dispute hereunder shall be determined by the Tribunales de la Cuidad de México.

The last sentence of Section 14 is deleted and replaced with:
Any questions concerning this Agreement should be referred to CA Software de México S.A. de C.V, Av. Miguel de Cervantes Saavedra 193, Suite 502, Col. Granada, Mexico City, MX 11500 – At.: Finance Department.

New Zealand
The CA subsidiary that is the licensor is CA Pacific (NZ) Ltd.

Notwithstanding the final sentence of Section 6, the applicable interest charge on invoices unpaid by Licensee is 1.5% per month.

The last sentence of Section 8 is deleted and replaced with:
This Agreement shall be governed by and interpreted in accordance with the laws of New Zealand. The courts of New Zealand will have sole and exclusive jurisdiction with respect to any disputes arising out of this Agreement.

The following is added to Section 10:
Although CA specifies that there are no warranties, Licensee may have certain rights under the Consumer Guarantees Act 1993 or other legislation which cannot be excluded or limited. The Consumer Guarantees Act 1993 will not apply in respect of any goods or services which CA supplies, if Licensee acquires the goods and services for the purposes of a business as defined in that Act. Where the Product is not acquired for the purposes of a business as defined in the Consumer Guarantees Act 1993, the limitations in this Section are subject to the limitations in that Act.

The following is added to Section 12:
CA’s rights under this Section shall also apply if any resolution is passed or proceedings are commenced for the liquidation or winding up of Licensee.

Peru
The CA subsidiary that is the licensor is CA de Peru S.A.

The last sentence of Section 8 is deleted and replaced with:
This Agreement shall be governed by and interpreted in accordance with the laws of Peru. Any dispute hereunder shall be determined by the Tribunales Ordinarios de La Cuidad de Lima.

The last sentence of Section 14 is deleted and replaced with:
Any questions concerning this Agreement should be referred to CA de Peru S.A, Avenida Paseo de La Republica, 3211, Piso 11, San Isidro, Lima 27, Peru – At.: Finance Department.

Philippines
The CA subsidiary that is the licensor is Philippine Computer Associates International, Inc.

The first eight sentences of Section 8 are deleted and replaced with:
Title to the Product and all modifications thereto shall remain with CA. The Product is a trade secret and the proprietary property of CA or its licensors. Licensee agrees that CA may use any feedback provided by Licensee related to the Product for any CA business purpose, without requiring consent including reproduction and preparation of derivative works based upon such feedback, as well as distribution of such derivative works. Usage rights respecting the Product may not be exchanged for any other CA product. Licensee and its employees will keep the Product and the terms of this Agreement strictly confidential. To the maximum extent permitted by applicable law, Licensee will not disclose, de-compile, disassemble nor otherwise reverse engineer the Product.

The last sentence of Section 8 is deleted and replaced with:
This Agreement shall be governed by and interpreted in accordance with the laws of the Philippines. The courts of Makati City will have sole and exclusive jurisdiction with respect to any disputes arising out of this Agreement.

Section 12 is deleted and replaced with:
If Licensee breaches any term of this Agreement or if Licensee becomes insolvent or if bankruptcy or receivership proceedings are initiated by or against Licensee, CA shall have the right to withhold its own performance hereunder and/or to terminate this Agreement immediately upon notice and, in addition to all other rights of CA, all amounts due or to become due hereunder will immediately be due and payable to CA.

Singapore
The CA subsidiary that is the licensor is CA (Singapore) Pte. Ltd.

The last sentence of Section 8 is deleted and replaced with:
This Agreement shall be governed by and interpreted in accordance with the laws of Singapore. The courts of Singapore will have sole and exclusive jurisdiction with respect to any disputes arising out of this Agreement.

The following is added to the end if Section 9:
To the full extent permitted by applicable law, CA disclaims all implied conditions or warranties of satisfactory quality or fitness for purpose.

Taiwan
The CA subsidiary that is the licensor is CA (Taiwan) Limited whose registered office is situated at 17F/B, No. 167, Tun Hwa North Road, Taipei City 105, Taiwan.

The second sentence of Section 6 is deleted and replaced with:
All fees are exclusive of VAT.

The last sentence of Section 8 is deleted and replaced with:
This Agreement shall be governed by and interpreted in accordance with the laws of Taiwan, without regard to its choice of law provisions. Any dispute hereunder shall be determined by Taipei District Court.

Thailand
The CA subsidiary that is the licensor is CA Sales (Thailand) Co., Ltd.

The last sentence of Section 8 is deleted and replaced with:
This Agreement shall be governed by and interpreted in accordance with the laws of Thailand. The courts of Thailand will have sole and exclusive jurisdiction with respect to any disputes arising out of this Agreement.

Venezuela
The CA subsidiary that is the licensor is Computer Associates (CAI) de Venezuela, CA.

The last sentence of Section 8 is deleted and replaced with:
This Agreement shall be governed by and interpreted in accordance with the laws of Venezuela. Any dispute hereunder shall be determined by the Tribunales Ordinarios de la Cuidad de Caracas.

The last sentence of Section 14 is deleted and replaced with:
Any questions concerning this Agreement should be referred to Computer Associates (CAI) de Venezuela, CA, Avenue Francisco de Miranda, Centro Lido, Torre B, pisso 5, officina B-51, El Rosal, Caracas 1060, Venezuela – At.: Finance Department.

16. If the Product contains third party software, and the licensor requires the incorporation of specific license terms and conditions for such software into this Agreement, those specific terms and conditions, which are hereby incorporated by this reference, are located below this Agreement.

Licensee acknowledges that this license has been read and understood and by selecting the “I accept the terms of the License Agreement ” radio button, licensee accepts its terms and conditions. Licensee also agrees that this license (including any order form referencing this Agreement and any terms relating to third party software which are set forth below this Agreement) constitutes the complete Agreement between the parties regarding this subject matter and that it supersedes any information licensee has received relating to the subject matter of this Agreement, except that this Agreement (excluding the third party terms below) will be superseded by any written Agreement, executed by both licensee and CA, granting licensee a license to use the product. This Agreement may only be amended by a written Agreement signed by authorized representatives of both parties.

Last updated on: January 18, 2017