Concerning Third-Party Applications, the App Terms of Service will be deemed to include the terms and conditions set forth below (the “Mandatory Service Terms”) in addition to any additional terms and conditions contained in any App Terms of Service which may be imposed or required by Third Party Developer of such Third Party Application. If there is a conflict between the Mandatory Service Terms and App Terms of Service, the Mandatory Service Terms will control. Third-Party Developer has the right to enforce the App Terms of Service, including the Mandatory Service Terms, against You. IJJCorp is not a party to the App Terms of Service for any Third Party Application. For clarity, IJJCorp is a party to the Master Subscription Agreement if IJJCorp is the Application publisher.
Mandatory Service Terms:
(a) Third Party Developer is the licensor of the Application, and IJJCorp is not a party to the App Terms of Service.
(b) Except as otherwise limited by any App Terms of Service imposed or required by Third Party Developer, Third Party Developer grants You a perpetual, worldwide, non-exclusive, non-transferable, and non-sublicensable license to access, deploy, use and integrate the Application in connection with Your active Account for a Service.
(d) You may not modify, reverse engineer, decompile or disassemble the Application in whole or in part, or create any derivative works from or sublicense any rights in the Application unless otherwise expressly authorized in writing by Third-Party Developer.
(e) Each of You and Third Party Developer shall maintain all rights, title, and interest in and to all its respective patents, inventions, copyrights, trademarks, domain names, trade secrets, know-how, and any other intellectual property or proprietary rights (collectively, “IP Rights”). The rights granted to You to use the Application under these App Terms of Service do not convey any additional rights in the Application or Third Party Service or any IP Rights associated in addition to that. Subject only to limited rights to access and use the Application as expressly stated herein, all rights, title and interest in and to the Application and all hardware, software, and other components of or used to provide the Application, including all related IP Rights, will remain with and belong exclusively to Third-Party Developer.
Third-Party Developer could have a royalty-free, worldwide, transferable, sub-licensable, irrevocable, and perpetual license to incorporate into the Application or otherwise use any suggestions, enhancement requests, recommendations, or other feedback it receives from You.
-End of Mandatory Service Terms-
3.2 You at this moment acknowledge and authorize IJJCorp to, in connection with Your access to or deployment of one or more Third-Party Application(s), provide Third-Party Developer with any information provided by You as requested by Third Party Developer in connection with such deployment or access (including, without limitation, Your name, company name (if any), addresses (including e-mail address) and phone number), as required.
3.3 You agree that Third Party Developer and IJJCorp may collect and use technical data and related information, including without limitation, technical information relating to Your Account, systems, and use of the Application, that is gathered periodically to facilitate the provision of software updates, product support, marketing efforts, and other services to You related to the Application or a Service. Third-Party Developer and IJJCorp may use this information to improve its products or provide services or technology to You (including concerning IJJCorp, the Marketplace, and the Service).
3.4 If You evaluate or deploy or access Third Party Applications, those Third Party Applications and Third-Party Developers of such Third Party Applications may be able to obtain access to Service Data and store, process, and transmit Service Data outside of the service. Such access may result in the disclosure, modification, or deletion of Service Data by those Third Party Developers or the Third Party Applications. Further, Third Party Developer, IJJCorp, and their agents and partners may collect and use data about Your configuration or use of the Application(s) or the Service. IJJCorp is not responsible for any transmission, collection, disclosure, modification, use, or deletion of Service Data, as described in this paragraph, by or through Third Party Applications or Third Party Developers.
3.5 THE MARKETPLACE AND ALL APPLICATIONS, INCLUDING ALL SERVER AND NETWORK COMPONENTS, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND TO THE FULLEST EXTENT PERMITTED BY LAW, AND IJJCorp EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
YOU ACKNOWLEDGE THAT IJJCorp DOES NOT WARRANT THAT THE MARKETPLACE OR APPLICATIONS WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR FREE FROM VIRUSES OR OTHER MALICIOUS SOFTWARE, AND NO INFORMATION OR ADVICE OBTAINED BY YOU FROM IJJCorp OR THROUGH THE MARKETPLACE OR APPLICATIONS SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
3.6 You agree to indemnify and hold IJJCorp and its affiliates, officers, agents, and employees harmless from any claims by third parties, and any related damages, losses, or costs (including reasonable attorney charges), arising out of Your use of the Marketplace or any Applications, Your violation of these Terms of the Master Subscription Agreement, Your violation of any rights of a third party or otherwise connected to the Terms.
3.7 You represent and warrant that You will use the Marketplace and Applications in compliance with all applicable laws.
3.8 Each party shall maintain all rights, title, and interest in and to all our respective patents, inventions, copyrights, trademarks, domain names, trade secrets, know-how, and any other intellectual property or proprietary rights (collectively, “Intellectual Property Rights”). The rights granted to You to use the Marketplace under these Terms do not convey any additional rights in the Marketplace or Service or any Intellectual Property Rights associated in addition to that. Subject only to limited rights to access and use the Marketplace as expressly stated herein, all rights, title and interest in and to the Marketplace and all hardware, software, and other components of or used to provide the Marketplace, including all related Intellectual Property Rights, will remain with and belong exclusively to IJJCorp. IJJCorp shall have a royalty-free, fully paid-up, worldwide, transferable, sub-licensable, irrevocable, and perpetual license to implement, use, modify, commercially exploit, or incorporate into the service or Marketplace. Any suggestions, enhancement requests, recommendations, or other feedback it receives from You.
3.9 Any support and maintenance of the Third Party Applications shall be provided by Third Party Developer, and only to the extent described in the App Terms of Service or as otherwise communicated to You. You agree and acknowledge that IJJCorp has no responsibility for providing such support and maintenance. Failure of Third Party Developer to provide support and maintenance will not entitle You to any refund of fees paid, if any, for the Application or the Service.