Insight ATS+ End User Terms of Use
Your use of the Insight ATS+ cloud-based platform made available to you on this website (the “Software”) is subject to the terms and conditions of use set forth in this Insight ATS+ End User Terms of Use (the "Terms"). By using the Software or electronically indicating your acceptance of these Terms, you agree to these Terms. If you do not agree with these Terms, you must immediately cease your use of the Software.
1. LICENSE AND RESTRICTIONS.
1.1 License. Subject to these Terms, AHS Staffing (“AHS”) grants you a limited, nonexclusive and nontransferable license to use the Software during the License Term (as defined below). You may access and use the Software solely for your Company’s internal business use, and for no other purpose.
1.2 Limited Access Rights. You acknowledge that (i) you are responsible for ensuring the confidentiality and security of your user account and credentials; (ii) you are prohibited from sharing those credentials to any unauthorized users within your Company, or with any third parties outside of your Company whatsoever; and (iii) all information submitted by you is accurate and complete, including with respect to information submitted about you.
1.3 Restrictions. You acknowledge that the Software is confidential and proprietary to AHS and that other than with respect to the limited license granted to you herein, all rights, title and interest in and to the Software, including all rights under U.S. and international intellectual property laws, including copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws, reside solely in AHS. You shall not permit the Software to be used by any third parties including, without limitation, any independent contractors or vendors of your Company. You may not, unless expressly stated otherwise by AHS in writing, sell, license, sublicense, rent, distribute, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, reverse engineer, create derivative works from or otherwise commercially exploit any Software, in whole or in part. Except for the limited rights and licenses expressly granted hereunder, no other license or right is granted and no other use is permitted.
1.4 Results. The reports generated by your use of the Software (the “Results”) shall be the sole property of your Company. Neither the Results, nor your Company’s ownership rights therein, include the data and information underlying the Results, the Rights to which shall remain in AHS, third party licensors, or the public domain, as applicable.
2. TERM AND TERMINATION.
2.2 License Term. These Terms commence on the date you create your account credentials and will continue until we terminate your access to the Software.
2.3 Termination. Notwithstanding the foregoing, AHS may terminate your access to the Software at any time in the event that you breach any of the provisions of the Terms.
2.4 Survival. The provisions of Sections 1.3 (Restrictions), 1.4 (Results), 3 (Warranty Disclaimers), 4 (Liability Limitations), 5 (General Provisions) and this Section 2.4 shall survive termination of the Terms.
3. WARRANTY DISCLAIMERS.
THE SOFTWARE AND RESULTS ARE PROVIDED “AS IS” AND AHS HEREBY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.
4. LIABILITY LIMITATIONS.
IN NO EVENT SHALL AHS BE LIABLE UNDER ANY LEGAL OR EQUITABLE THEORY FOR ANY LOST PROFITS, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER. AHS’S AGGREGATE LIABILITY WITH RESPECT TO THESE TERMS SHALL NOT EXCEED $100.
5. GENERAL PROVISIONS.
5.1 Entire Agreement. These Terms constitute the entire agreement between the parties with regard to, and supersede all prior negotiations, understandings or agreements (oral or written) between the parties relating to the subject matter of these Terms. No change or waiver may be made to the Terms unless in writing and signed by both parties. The failure of either party to enforce its rights under the Terms will not be construed as a waiver of such rights. In the event that any provision of the Terms is determined to be illegal or unenforceable, that provision will be limited or eliminated to the minimum extent necessary so that the Terms will otherwise remain in full force and effect and enforceable.
5.2 Governing Law. These Terms shall be governed by and construed in accordance with the laws of the State of Oklahoma, without regard to its conflicts of law provisions. The sole jurisdiction and venue for actions related to the Terms will be the state or federal courts located in Oklahoma, and both parties consent to the jurisdiction of such courts with respect to any such action. In any action or proceeding to enforce or interpret the Terms, the prevailing party will be entitled to recover from the other party reasonable attorneys’ fees and costs of suit that it incurred in connection with such action or proceeding and enforcing any judgment or order obtained.
5.3 Relief. You acknowledge and agree that, in the event of your breach or threatened breach of any use restriction hereunder, AHS will suffer irreparable damage for which it will have no adequate remedy at law; and the parties further acknowledge that any breach or threatened breach of Section 1 by a party will cause the other party irreparable damage for which it will have no adequate remedy at law. Accordingly, AHS will be entitled to seek injunctive and other equitable remedies to prevent or restrain, temporarily or permanently, such breach or threatened breach, without the necessity of posting any bond or surety, in addition to any other remedy that AHS may have at law or in equity.