End User Agreement - Android

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End User Agreement - Android

Thanks for using Desk. 
 This is a legally binding agreement with salesforce.com, inc., a Delaware corporation acting by and through Desk.com, a salesforce company ("SFDC"). Please read it carefully. By clicking 'Accept' above, or installing or using the Desk.com App software and/or any updates to such software provided by SFDC (the 'Software'), you: agree to the following terms on behalf of the SFDC customer by which entity you are employed or with which entity you are affiliated or associated (the 'Customer') represent that you have the authority to bind the Customer to these terms, and represent that you are an authorized User under a click-through terms of use or separately executed subscription agreement between SFDC (or its predecessor in interest, Assistly, Inc.) and the Customer (in whichever form, the applicable "Subscription Agreement") for Desk.com on-line web-based subscription services (the "Service").

If you do not have such authority, are not an authorized User, or do not agree to these terms, you may not install or use the Software.

This Order Form Supplement was last updated on August 4, 2014. It is effective between the Customer and SFDC as of the date you first download, install or use the Software, whichever is earliest.

  
1. THIS ORDER FORM SUPPLEMENT

Where your use of the Software is as a User under the Customer's Subscription Agreement, then this Order Form Supplement is a part of the order form by which the Customer purchased the Service (the 'Order Form'). The Order Form and this Order Form Supplement are governed by the Subscription Agreement. This Order Form Supplement adjusts certain terms of the Subscription Agreement, solely with respect to the Software. Capitalized terms used but not defined in this Order Form Supplement have the meanings given to them in the Subscription Agreement.


2. THE SOFTWARE

Th Software allows SFDC customers to use the Service from Supported Devices. The Software is provided by SFDC as a component of the Desk.com App product.


3. WHO YOU ARE CONTRACTING WITH
This Order Form Supplement is being entered into between the SFDC entity named on the Order Form and the Customer.

4. SOFTWARE LICENSE

 The Software, including any software embedded in the Software, is licensed, not sold, to the Customer by SFDC only under the terms of the Subscription Agreement, the Order Form and this Order Form Supplement, and SFDC reserves all rights not expressly granted to the Customer. This Software may include some 3rd party software; please see the applicable user guide for additional notices required by our licensors. You or the Customer own the media or device on which the Software is recorded or stored but SFDC retains ownership of the Software itself.


5. PERMITTED LICENSE USES AND RESTRICTIONS

(a) This Order Form Supplement allows you, as an authorized User under the Subscription Agreement to use the Software on any Supported Device that the Customer owns or controls, and on no other devices.

(b) The Software is available for download only from the Google Play Store. You may not distribute or make the Software available over any other service.

(c) With respect to updates to the Software that SFDC may make available for download, this Order Form Supplement allows you to download such Software updates to update or restore the Software on any Supported Device that the Customer owns or controls. This Order Form Supplement does not allow you to update or restore devices that the Customer does not control or own.

(d) Except as and only to the extent permitted by applicable law, or by licensing terms governing use of open-source components included with the Software, neither you nor any other Customer personnel may copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, decrypt, modify, or create derivative works of the Software or Software updates, or any part thereof. Any attempt to do so is a violation of the rights of SFDC and its licensors. If you or any other Customer personnel breach this restriction, you or they, and the Customer, may be subject to prosecution and damages.

(e) Neither you nor the Customer may rent, lease, lend, redistribute or sublicense the Software. The Customer may, however, allow other authorized Users under the Subscription Agreement to use the Software in connection with a re-assignment of the Supported Device to another authorized User under the Subscription Agreement.


6. TERM AND TERMINATION
SFDC may terminate this Order Form Supplement if any third party restricts, prevents or ceases to authorize the installation or use of the Software devices or over your network. In addition, this Order Form Supplement shall terminate immediately and automatically upon any termination of the Customer's subscription to the Desk.com App product. Upon any such termination, the Customer (including you) shall no longer be permitted to use the Software, and shall delete or destroy all copies of the Software in its (including your) possession.
Termination of this Order Form Supplement shall not entitle the Customer to any refund, credit, or other compensation from SFDC under the Order Form, the Subscription Agreement or any other agreement or from any third party.


7. SERVICE LEVEL AGREEMENT
Any service level agreement in effect between the Customer and SFDC shall not apply to the Software.

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