END USER LICENSE AGREEMENT
Updated January 7, 2020
BY DOWNLOADING, INSTALLING, OR USING THE SOFTWARE, YOU (THE INDIVIDUAL OR LEGAL ENTITY, HEREIN REFERED TO AS “YOU” OR “YOUR” OR “USER”) AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS END USER LICENSE AGREEMENT (“EULA”). IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS EULA, YOU MUST NOT DOWNLOAD, INSTALL, COPY, TRANSMIT, DISPLAY, OR USE THE SOFTWARE, AND YOU MUST IMMEDIATELY DELETE THE UNUSED SOFTWARE FROM YOUR SYSTEMS AND RECORDS. THE “EFFECTIVE DATE” OF THIS EULA IS THE DATE THAT YOU OBTAIN A COPY OR BEGIN USING THE SOFTWARE, WHICHEVER IS EARLIER, AND IS BETWEEN YOU AND SERVICENOW, INC. AND ITS AFFILIATES (“SERVICENOW”). THE TERMINATION DATE OF THIS EULA IS THE DATE THAT YOU REMOVE ALL COPIES OF THE SOFTWARE FROM ALL YOUR SYSTEMS OR RECORDS, INCLUDING THOSE HOSTED FOR YOU.
- No License. The Software is owned by ServiceNow, Inc., and no license to download, install, or use the Software is granted to you under this EULA. You may not download, install, or use the software unless you have an existing right to use the Software pursuant to a valid customer subscription agreement or Master Ordering Agreement (collectively “MOA” for this EULA) with ServiceNow (or an authorized third-party or affiliate) for the purchase of ServiceNow’s subscription service. The Software is “Software” (alternatively, for other MOA versions, “Ancillary Software”) as such term is used in the MOA, and the only licenses you have with respect to the Software are those that have already been granted to you under the MOA.
- Intellectual Property. As between you and ServiceNow, all rights, title, and interest in and to all intellectual property rights in the Software are owned exclusively by ServiceNow. You must not, and must not permit others to: (a) use or access the Software in excess of the rights and permissions granted to you under a current and valid MOA; or (b) disassemble, reverse engineer, or decompile the Software. ServiceNow reserves all rights not expressly granted herein and your MOA.
- Copyright: This Software is copyrighted by ServiceNow, Inc.
Copyright (C) 2019 ServiceNow, Inc.
- Trademarks: SERVICENOW(R) and NOW(R) are trademarks and service marks of ServiceNow, Inc. Other product names and brands are the trademarks or service marks of their respective owners.
- Patents: This Software as well as other products and services of ServiceNow may be protected by patents in the United States and other countries, including but not limited to, those listed on http://www.servicenow.com/content/dam/servicenow-assets/public/en-us/doc-type/legal/servicenow-patents-marking.pdf (which is incorporated by reference). Additional patents are pending.
- Open Source: This Software may include or be accompanied by software provided by third parties, including software provided to you under an open source license, as indicated in the ServiceNow OSS Disclosure file that accompanies this product. Such third-party software may have been modified by ServiceNow and/or may be subject to third-party license restrictions, which you must accept as a condition to using such software. If an accompanying ServiceNow OSS Disclosure file for details is attached, it provides additional copyright notices, attributions, and third-party license terms.
- No Warranty. No warranty is provided under the terms of this EULA. You may refer to your MOA for any applicable warranty terms. Without limiting the warranty provided under your MOA, if any, to the maximum extent allowed by law, ServiceNow disclaims all warranties of any kind, express or implied, oral or written, including warranties arising under statute, warranties of merchantability, accuracy, title, non-infringement or fitness for a particular purpose.
- Limitations of Liability. To the maximum extent permitted by law, ServiceNow will not be liable to you for incidental, consequential, punitive, special or exemplary damages (including damage to business, reputation or goodwill), or indirect damages of any type however caused, whether by breach arising out of or related to the Software, whether based on contract, tort (including negligence) or any other legal or equitable theory, is limited to one hundred dollars (US $100). The existence of more than one claim will not enlarge this limit. You agree that these limitations will apply even if a limited remedy is found to have failed of its essential purpose, and that the foregoing limitations are fair given that the Software is made available without separate charge.
- General. This EULA is governed by the laws of the State of California, without reference to or application of rules governing choice of laws. You irrevocably consent and waive any objection to the exclusive jurisdiction and venue of the federal and state courts located in Santa Clara County, California with respect to any claims, suits, or proceedings arising out of or in connection with this EULA. Notwithstanding the foregoing, ServiceNow may at any time seek and obtain appropriate legal or equitable relief in any court of competent jurisdiction for claims regarding ServiceNow’s intellectual property rights. The prevailing party in any claim or dispute between the parties under this EULA will be entitled to reimbursement of its reasonable attorney fees and costs. The failure of either party to enforce any provision of this EULA will not constitute a waiver of the party’s rights to subsequently enforce the provision or any other provision. If any provision of this EULA is determined by any court to be invalid or unenforceable, any partially valid and enforceable provisions will be enforced to the maximum extent permissible by law. You agree to comply with any statutes and regulations that apply to your use of the Software, including but not limited to United States and foreign export control laws and regulations, and laws and regulations relating to data privacy and security. You may not assign, delegate, subcontract or otherwise transfer, directly or by operation of law, any of your rights or obligations hereunder without the prior written consent of ServiceNow. This EULA, along with the applicable MOA or other customer agreement, constitute the complete and final agreement of the parties pertaining to the subject matter hereof. In the event of any conflict between this EULA and the MOA or any other customer agreement, the terms of this EULA control to the extent of the conflict.
- Additional Terms. The following additional terms and conditions apply to you on your use of the Software. In the event of any conflict between these additional terms and the rest of the EULA, these additional terms control to the extent of the conflict. For the purposes of this EULA, “Splunk,” refers to Splunk Inc., a Delaware corporation, with its principal place of business at 250 Brannan Street, San Francisco, California 94107, U.S.A. To the extent that the usage rules for the Software set forth in the Splunk Websites Terms and Conditions of Use are more restrictive, such usage rules shall apply.
- ServiceNow is solely responsible for the Software, including, without limitation, for any warranties, maintenance and support, notices and consents to be given to Users. You agree that Splunk does not in any way warrant the accuracy, reliability, completeness, usefulness, non-infringement, or quality of this Software and that Splunk shall not be liable or responsible in any way for any losses or damage of any kind, including lost profits or other indirect or consequential damages, relating to your use of or reliance upon this Software.
- Splunk is not responsible for the privacy, security or integrity of any data collected or transmitted by the Software.
- You must comply with any applicable third party terms of agreement when using this Software, if any.
- Any translation of this EULA is done for local requirements and in the event of a dispute between the English and any non-English version, the English version of this EULA shall govern. If you are located in the province of Quebec, Canada, the following clause applies: The parties hereby confirm that you have requested this EULA and all related documents be drafted in English. Les parties ont exige que le present contrat et tous les documents connexes soient rediges en anglais.
- This Software was created using Splunk’s standard application programming interface specification. Splunk and its licensors own all right, title, and interest in and to this Software, including intellectual property rights therein.