Soflytics Corp. Individual Users License Agreement
Important: Please carefully read and agree to the terms and conditions of this License Agreement ("Agreement") before using the Rguroo Software. By using the Software, the individual licensing the Software ("You”) agrees to these terms, and Soflytics, Corp., ("Soflytics") will authorize You to use Rguroo, which You obtained by an online registration or obtained a license from a distribution channel authorized by Soflytics, ("Software") in accordance with the terms and conditions of this Agreement. If You do not agree to all of the terms of this Agreement then you are not authorized to use the Software.
License Grant; Term.. The Software is provided on the express condition that You consent to all of the terms contained in this Agreement. For clarity, the term “Software” includes only technology created by SOFLYTICS, and does not include software and other functionality created and offered by third parties that may be provided or used in conjunction with or by the Software including and not limited to the Mozilla Foundation’s browsers (“Mozilla”), Google Inc.’s Chrome (“Chrome”), Apple Inc.’s Safari (“Safari”), (collectively the “Browsers”), and R-Foundation’s R and R Packages, (“R”). SOFLYTICS hereby grants You a non-assignable, nontransferable, non-sublicensable, limited, revocable, and nonexclusive license to use the Software solely for your own personal use. Such license is granted only for Software that You obtain by registering with Soflytics Corp or obtain from a distribution channel authorized by SOFLYTICS. The Software may be used only through the Browsers, on device(s) that you own or control and as permitted by usage rules as may be established and defined by the Browsers under a separate agreement with you (but only to the extent such rules do not conflict with the terms of this Agreement). All Software is licensed to You for your personal use only, as an end user customer SOFLYTICS reserves all rights in and to the Software not expressly granted herein. The license is effective until terminated by you or SOFLYTICS. The license for the Software will terminate if You fail to comply with any term or condition of this Agreement. Upon such termination, Soflytics has no obligation to retain your data in any and all forms including datasets, graphs, reports, and any and all results You obtained by the Software. You shall cease all use of the Software. The terms of this Agreement will govern any upgrades provided by SOFLYTICS that replace and/or supplement the original Software, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern. [Browser] has no obligation under this Agreement to provide technical support for the Software. For technical support for the Software, contact your SOFLYTICS support representative.
Intellectual Property Rights
The Software is copyrighted. Title to the Software and all documentation and all other rights remain with SOFLYTICS or its licensors at all times. Source code from which the Software object code is derived ("Source Code") is a SOFLYTICS trade secret. You may not reproduce or modify the Software in any form or by any means except as expressly permitted hereunder. You may not reverse assemble, reverse engineer, or decompile the Software or otherwise attempt to recreate the Source Code, except to the extent applicable laws specifically prohibit such restriction. You agree to abide by the copyright law and all other applicable laws of the United States and all other applicable jurisdictions including, but not limited to, export control laws. You may not distribute the Software to any third party in modified or unmodified form. You agree not to modify, rent, lease, loan, lend, sell, distribute, or create derivative works based on the Software in any manner, and you shall not exploit the Software in any unauthorized way whatsoever. In no event may You copy or otherwise replicate the Software for any purposes whatsoever.
Notwithstanding any other provision of this Agreement, SOFLYTICS reserves the right to change, suspend, remove, or disable access to any Software, functionality, content, or other materials at any time without notice. In no event will SOFLYTICS be liable for the removal of or disabling of access to any such Software, content or materials under this Agreement. SOFLYTICS may also impose limits on the use of or access to certain features or portions of the Software, in any case and without notice or liability.
SOFLYTICS, the SOFLYTICS logo, and other SOFLYTICS trademarks, service marks, graphics, and logos used in connection with the Software are trademarks or registered trademarks of SOFLYTICS Corp. in the U.S. and/or other countries. Other trademarks, service marks, graphics, and logos used in connection with the Software may be the trademarks of their respective owners. You are granted no right or license with respect to any of the aforesaid trademarks and any use of such trademarks.
Age Requirements for Use of the Software. If you under the age of 18, you should review these terms and conditions with your parent or guardian to make sure that you and your parent or guardian understand and agree to these terms and conditions.
Content, Privacy, and Performance
You acknowledge that use of the Software may require one or more compatible devices, other hardware, Internet access (fees may apply) and certain other software (fees may apply), and require obtaining updates or upgrades from time to time. Such items are your responsibility. Your ability to use the Software may be affected by the performance of these factors. High speed Internet access is strongly recommended. You acknowledge and agree that such system requirements, which may be changed from time to time, are your responsibility. This Software is not part of any other product or offering, and no purchase or obtaining of any other product shall be construed to represent or guarantee you access to the Software. SOFLYTICS shall have no liability to you in the event previously downloaded files, including reports, graphs, becomes unavailable for re-download.
The Software may offer interactive features that allow you to, among other things, submit your own information, device location, materials, content or links to third party content on areas accessible and viewable by other users and the public. You represent and agree that any use by you of such features, including any information, materials or links submitted or posted by you, shall be your sole responsibility, shall not infringe or violate the rights of any other party or violate any laws, contribute to or encourage infringing or otherwise unlawful conduct, or otherwise be obscene, objectionable or in poor taste, and that you have obtained all necessary rights, licenses or clearances. You hereby grant SOFLYTICS and all users of the Software worldwide, royalty-free, non-exclusive license to use the information and materials you submit on areas accessible and viewable by other users and the public, and in relation to the Software, without any compensation or obligation to you. You represent and warrant that neither your own nor any other person’s personally identifiable or sensitive information will appear in the content or other materials you submit via the Software for public viewing. You are not authorized to submit such information in conjunction with your use of the Software and SOFLYTICS disclaims any responsibility to you or any third party for any loss or liability relating to such information in any way. You agree that SOFLYTICS may collect and use technical data and related information, including but not limited to technical information about your device, device location, Software usage information, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to you (if any) related to the Software. SOFLYTICS may use this information to improve its products or to provide services or technologies to you. SOFLYTICS will handle such information in accordance with the SOFLYTICS Privacy Statement, except for information that you consent or submit to be made accessible and viewable by other users and the public. You agree that you will not use the Software to engage in spamming or other activities that violate this Agreement or applicable law.
SOFLYTICS has the right, but not the obligation, to monitor any information and materials submitted or posted by you or otherwise available through the Software, to investigate any reported or apparent violation of this Agreement, and to take any action that SOFLYTICS in its sole discretion deems appropriate. SOFLYTICS reserves the right not to publicly post or publish any materials, and to delete, remove or edit any material, at any time in its sole discretion without notice or liability. You agree to provide accurate, current, and complete information required for logging in to the Software and at other points as may be required in the course of using the Software. You further agree to maintain and update such data as required to keep it accurate, current, and complete. SOFLYTICS may terminate this license to use the Software if any information you provide is false, inaccurate or incomplete, or violates the rights of another. Prices and availability of any Software are subject to change at any time. In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility.
Government Use. The Software and its documentation is commercial computer software provided with RESTRICTED RIGHTS to the United States Government. Use, duplication or disclosure of the Software by the United States Government is subject to the license terms of this agreement pursuant to FAR 12.212, DFAR 227.7202-1(a), DFAR 227.7202-3(a) and DFAR 227.7202-4 and, to the extent required under U.S. federal law, the minimum restricted rights as set out in FAR 52.227-19 (DEC 2007) or, if FAR 52.227-19 is not applicable, FAR 52.227-14 (DEC 2007).
Export Restrictions. United States export laws and regulations apply to the Software. In addition to the prohibitions set forth elsewhere in this Agreement, You may not download, use, or otherwise export or re-export the Software or any underlying information or technology ("Controlled Material") except in full compliance with all laws and regulations of the United States of America and any other applicable laws and regulations, including those of other countries. By accepting this Agreement, You affirm the following: (1) You are not a party to whom the United States of America prohibits access to the Controlled Material (e.g. a listed or debarred individual or an individual involved in the proliferation of biological, chemical, nuclear or other weapons of mass destruction) and (2) You are not engaged in any activities prohibited by the United States (e.g. terrorism), (3) You are not located in, under control of, or a national or resident of any country to which export or transfer of the Controlled Material is restricted or prohibited by the laws of the United States of America or other applicable laws and regulations (e.g. a country that is subject to a United States embargo), (4) You will not use the Controlled Material for any of the foregoing or any other prohibited purpose, and (5) You will not share the Controlled Material with a party meeting any of the foregoing. You understand that countries other than the United States may restrict exports and imports and you agree to be solely responsible for compliance with any such import or use restriction which applies to the Controlled Material, including the laws of Your local jurisdiction.
DISCLAIMER OF WARRANTIES; LIABILITY LIMITATIONS.
SOFLYTICS DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT IT WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. YOU AGREE THAT FROM TIME TO TIME SOFLYTICS MAY REMOVE THE SOFTWARE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SOFTWARE AT ANY TIME, WITHOUT NOTICE TO YOU.
YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SOFTWARE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE DELIVERED TO YOU IS PROVIDED "AS IS" AND "AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, TITLE, AND NONINFRINGEMENT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU.
IN NO CASE SHALL SOFLYTICS, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, PRINCIPALS, OR LICENSORS BE LIABLE FOR ANY PERSONAL INJURY, OR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE SOFTWARE OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SOFTWARE, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, LOSS OF DATA, LOSS OF PROFITS, BUSINESS INTERRUPTION, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SOFTWARE, REGARDLESS OF THE THEORY OF LIAIBLITY (CONTRACT, TORT, OR OTHERWISE), HOWEVER CAUSED, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, SOFLYTICS’ LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. In no event shall SOFLYTICS’ total liability to you for all damages (other than as may be required by applicable law) exceed the amount of five dollars ($5.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
SOFLYTICS DOES NOT REPRESENT OR GUARANTEE THAT THE SOFTWARE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND SOFLYTICS DISCLAIMS ANY LIABILITY RELATING THERETO. YOU SHALL BE RESPONSIBLE FOR BACKING UP YOUR OWN SYSTEM, INCLUDING ANY SOFTWARE THAT IS STORED IN YOUR SYSTEM.
INDEMNITY. YOU AGREE TO INDEMNIFY AND HOLD SOFLYTICS, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, PRINCIPALS, AND LICENSORS HARMLESS WITH RESPECT TO ANY CLAIMS ARISING OUT OF YOUR BREACH OF THIS AGREEMENT, YOUR USE OF THE SOFTWARE, OR ANY ACTION TAKEN BY SOFLYTICS AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF ITS FINDING OR DECISION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS MEANS THAT YOU CANNOT SUE OR RECOVER ANY DAMAGES FROM SOFLYTICS, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, PRINCIPALS, AND LICENSORS AS A RESULT OF ITS DECISION TO REMOVE OR REFUSE TO PROCESS ANY INFORMATION OR CONTENT, TO WARN YOU, TO SUSPEND OR TERMINATE YOUR ACCESS TO THE SOFTWARE, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF SOFLYTICS’ CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS WAIVER AND INDEMNITY PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THIS AGREEMENT.
Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California, excluding its conflicts of law rules, and of the United States of America. You expressly agree that exclusive jurisdiction for any claim or dispute with SOFLYTICS or relating in any way to your use of the Software resides in the courts of the State or federal districts of North Carolina. The parties expressly exclude the application of the United Nations Convention on Contracts for the International Sale of Goods to this Agreement.
Changes. SOFLYTICS reserves the right, at any time, to update, revise, supplement, and otherwise modify this Agreement and to impose new or additional rules, policies, terms or conditions (“Additional Terms”) on your use of the Software. Such Additional Terms will be effective immediately and incorporated into this Agreement. Your continued use of the Software following will be deemed to constitute your acceptance of any and all such Additional Terms. All Additional Terms are hereby incorporated into the Agreement by reference.
Miscellaneous. Questions, comments, or complaints regarding the Software that are not related to technical support should be directed to: SOFLYTICS Corp., firstname.lastname@example.org.
Complete Agreement. This Agreement sets forth the entire agreement between You and SOFLYTICS related to the Software and supersedes any communications, materials, or representations regarding the Software. This Agreement, and not any other default terms, applies to your use of the Software. No SOFLYTICS employee or agent has authority to vary any of these terms except by a written amendment to this Agreement, which references this Agreement and is signed by both parties. If any provision of this Agreement shall be unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the enforceability of the remaining provisions.
- Information we collect
- How we use your information
- Reasons why we may share your information
- How to remove or update your information
- How the information you share may be used
- Specific privacy practices
Information we Collect
When you access and use Soflytics products and services, Soflytics may collect certain types of information from you. this information includes:
Name and contact information, such as your first and last name, phone number, mailing address, e-mail address, and country.
Organizational information, such as the name of your company or institution and your role and title.
Account information, such as your Soflytics account username and password.
Payment information, such as your credit card number.
License information, such as the Soflytics products and services you have purchased and the licensed users and devices for those products.
Usage information, such as the web pages on our site that you have visited, which Soflytics products and services you are using, when you access or use our products and services, and error reports and performance data for our products and services.
Device and network information, such as your IP address, operating system, preferred language, and browser type.
Other information that you submit to Soflytics voluntarily, such as customer support requests, requests for information about upcoming events, files and data that you store using Soflytics’ online services, and submissions to email@example.com. (See the “How the information you share may be used” section below for more details.)
In some cases, collection of information is required to provide you with a product or service. For example, to enable you to use our products, we may request or collect information such as your name, e-mail address, physical location, phone number, title, company name, and/or system login name. Such information may be used to activate, register, or update your product or license. This allows us to understand your requirements; to ensure effective licensing of our products; and to provide you with information that you may need for support in the future.
The Soflytics Web site also has several forms and additional collection methods that request contact, payment, and other information. Providing such information is optional, but you may be unable to complete certain transactions, obtain certain services, or access certain features of the Soflytics Web site or software without providing the requested information.
How We Use Your Information
Soflytics uses the personal information it collects for the following purposes:
To provide products and services that you request.
To process and ship orders that you place with us, and to provide you with documentation or other material in support of your order.
To manage licenses and ascertain use of our products and services.
To administer and improve our products and services, including our Web site and our web application.
To enable delivery of consulting or training services and participation in seminars, trade shows, or other events.
To provide any communication or material necessary to respond to an order for a product or service, a request for support or information, or an application for a seminar, trade show, or other event.
To solicit optional feedback in the form of surveys measuring customer satisfaction with Soflytics products, services, and events.
To notify you of new products, updates, or other information related to your purchases or information requests.
To provide important information regarding the renewal of agreements, version upgrades, and other alterations related to Company products and services used by customers.
To send promotional material about our company, products, services, and events and, in some cases, on behalf of related third-party products, services, and events. You may choose not to receive this additional information by e-mail. (See "How to remove or update your information," below.)
To process an employment application from you.
To enforce our agreements or comply with obligations imposed by applicable laws, regulations, or a court or administrative order. We may be required to disclose an individual’s personal information in response to a lawful request by public authorities, including to meet national security or law enforcement requirements.
We may store your information outside your country of residence, wherever we or our third-party service providers operate.
Reasons Why We May Share Your Information
Soflytics will not sell or rent your personal information to other companies. We will not disclose your personal information to other companies, except in the limited manner and for the limited purposes described below.
Soflytics may employ subsidiaries, partners, service providers, authorized distributors, and other third parties in order to fulfill the purposes described above, and will share information with them as needed for these limited purposes. These entities may be located throughout the world. For example, we work with third-party service providers to help us run conferences for our users and to store files that users upload to a file exchange system. More details about our sharing of Website-related information with third parties are available below, in the “Specific privacy practices” section.
Soflytics may also release current or past user information to third parties for limited purposes, such as investigative and enforcement purposes, in the event Soflytics believes that usage is (i) in violation of applicable Soflytics terms, and/or (ii) associated with the commission of unlawful acts. Soflytics may also disclose aggregate information that does not personally identify individuals to third parties.
How to Remove or Update Your Information
E-mail: Soflytics sends many types of e-mail including newsletters and event announcements. You may choose not to receive these types of correspondence by emailing firstname.lastname@example.org. Note that if you are a licensed customer, you will continue to receive operational correspondence, such as e-mail notification of new releases and maintenance renewal notifications
Correct/update your contact information: Soflytics acknowledges that you have the right to access your personal information. You also have the choice to opt-out of use of your personal information for any purpose other than the purpose for which the data was collected or which you have subsequently authorized. If you wish to access or limit use or disclosure of your personal information, please contact us via e-mail at support@Soflytics.com .
Soflytics is committed to keeping your information as accurate as possible, in order to provide the best service to you. If you have a Rguroo Account, you may make the necessary changes to your information online. If you do not have an account, please contact us via e-mail at support@Soflytics.com.
How the Information You Share May Be Used
Certain areas of Soflytics Web sites allow users to submit information to the community of users. Be advised that any content you submit to these community areas, including personal information, is not subject to the protections that may be afforded information collected under other sections of the Soflytics Web site. The content you submit will be accessible from any part of the world via Web technology, and any information your submissions contain may be used by Soflytics and the public, both within and outside the country from which you posted.
Specific Privacy Practices
Web site and online services
When you visit the Soflytics Web site one or more cookies may be placed on (or read from) your machine if your browser is set to accept cookies. A cookie is a small data file that we transfer to your computer’s hard drive through your Web browser. These cookies do not store any personal information on your hard drive. They consist of a simple code that is used to access your account information, maintain current session data, gather broad demographic information, and help analyze Web site traffic. Soflytics may use such non-personal information for a variety of purposes including, but not limited to, market research and improving the content of our Web site.
Although Web browsers typically allow cookies by default, you may choose not to receive cookies by modifying the settings of your Web browser to disable cookies. If you choose to decline cookies, you may not be able to take advantage of all of the features of this Web site or other Web sites you visit.
Web analytics and bookmarking
Soflytics engages a third-party Web traffic analysis company to log aggregate information coming through our Web site on our behalf. Soflytics controls how that data may and may not be used. When you visit our Web site, the third-party Web traffic analysis company may use technical tracking methods such as cookies that will be listed under the domain 2o7.net, and Web beacons, on our behalf, and may receive anonymous information about your browsing on our Web site. We may also use these technical tracking methods in e-mails to determine whether the recipients have opened such e-mails, clicked on links contained in those e-mails, and continued to browse our Web site. We direct the third-party Web traffic analysis company to collect information that is unique to individual visitors but is not personally identifiable to the third-party Web traffic analysis company. We do not share any personally identifiable information, such as your name, street address, or e-mail address, with the third-party Web traffic analysis company.
We allow third-party companies, including a third-party social bookmarking service, to collect certain anonymous information when you visit our Web site and share or bookmark content. We do not share any personally identifiable information with these third-party companies.
Soflytics has security measures in place to protect the order information under our control against loss, misuse, destruction, and alteration. We use industry-standard security measures called SSL encryption. Encryption helps protect your credit card number and personal information by scrambling the data in transit to the Soflytics Store. We encrypt every order. Soflytics uses a PCI-compliant third-party vendor to securely process your order. Soflytics does not store your credit card information.
Commitment to data protection laws
We continuously review our compliance with privacy regulations. We specifically comply with Lei Geral de Proteção de Dados (“LGPD”) of Brazil, the California Consumer Privacy Act (CCPA), and the General Data Protection Regulation (GDPR) of the European Union.
License Management and Product Usage
Most Soflytics products and services contain technology for license management and for the prevention of unlicensed use. Most Soflytics products and services also contain technology that sends usage and error reports to Soflytics both in the course of normal usage and in the event of a software crash. This technology causes the products and services to send messages to Soflytics over the Internet that contain network, device, license, and usage information. This information may include the products and services you accessed, the length of your session, errors that occurred, your IP address, a license identifier, and your Soflytics Account identifier.
Updated August 25, 2020.