Welcome to the Peak Portals trial.
End User License Agreement:
Peak Portals End User License Agreement IMPORTANT: Carefully read all of the terms and conditions of this agreement prior to installing or activating Peak Portals [hereafter referred to as the “Software” which shall refer to both the on premise and software-as-a-service versions]. Do not install or activate this Software until you have read and agreed to this entire agreement. Installation and/or activation of this Software indicates acceptance of these terms and conditions. By purchasing, subscribing to, and/or using any of the service, customer agrees to be bound by this agreement, including any modifications made to it from time to time. Customer acknowledges that this agreement is in addition to, not in replacement of, agreements with Microsoft for the use of Microsoft Dynamics CRM and Microsoft Outlook Client Software (if applicable). This End-User License Agreement ("EULA") is a legal agreement between you (either an individual or the business entity) and Peak Engagement, Inc., a North Dakota corporation d/b/a Peak Engagement (“PEAK ENGAGEMENT”) for the Peak Engagement Software product(s) identified above which may include associated Software components, media, printed materials, and "online" or electronic documentation. If you do not agree to these terms and conditions, then do not proceed with the installation or activation of the Software and, if applicable, return the Software and any other components of the Software package for the Software to the vendor and any purchase price will be refunded. If you downloaded or activate this Software and you do not agree to these terms and conditions, you must cancel any use, and dispose of the Software without installation or further use. No refunds due to non-acceptance of these terms and conditions will be given for the Software once installation has been completed. 1. Overview This EULA governs the Software which includes computer Software (including online and electronic documentation) and any associated media and printed materials. This EULA applies to updates, supplements, add-on components and any other services components or enhancement of the Software which PEAK ENGAGEMENT may provide or make available to you, unless PEAK ENGAGEMENT provides other terms with the update, supplement, add-on component or services component. The Software is licensed, not sold. Licensing shall refer to either a one-time purchase (and subsequent annual enhancement fees) or the monthly subscription amount paid for the online Software version. 2. Grant of License You are granted a single, non-transferable, and non-exclusive license to use the Software under the terms stated in this Agreement subject to your obligation to pay and any rights and limitations described herein. Title, copyright and ownership of the Software and any related documentation remains with PEAK ENGAGEMENT. Grant of license will immediately cease if the terms and conditions herein are violated, including failure to pay for license(s). The ability to use Software may be affected by minimum system requirements or other factors outside of the control of PEAK ENGAGEMENT. It is your responsibility to ensure minimum system requirements are met prior to installation of this Software and inquire with PEAK ENGAGEMENT as to any potential other factors which may affect Software’s performance prior to installation. Refunds will not be provided due to failure of your system(s) to meet minimum requirements. 3. Reservation of Rights The Software is protected by copyright and other intellectual property laws and treaties. PEAK ENGAGEMENT reserves all rights not expressly granted to you in this EULA. You may not reverse engineer, decompile or disassemble the Software without prior written consent from PEAK ENGAGEMENT. 4. Transfer You may not rent, lease, lend, host or otherwise transfer the Software or this license to any other party (whether by merger, reorganization, sale, as a matter of law, or otherwise) without the express written consent of PEAK ENGAGEMENT. 5. On Premise Licensing Customers purchasing on premise Software are required to pay for the software licensing and first year enhancement at the time of purchase. The annual enhancement provides for any available future upgrades or software releases. Customers who purchase and implement on premise Software but fail to maintain the annual enhancement have no right for future releases, service packs, or upgrades. All upgrade services, customization, support, training, and other services for on premise customers are done on a time and materials basis. 6. Subscription Licensing Subscription licensing is done on either a month to month term or a year to year term. Customers may cancel a subscription at any time and will maintain access to the Software through their paid contract term. The subscription will automatically charge the provided credit card at the beginning of the next term unless the subscription has been cancelled per the requirements set forth in this EULA. “Subscription Fees” mean the monthly or yearly amount you are required to pay for the use of Software in the online format. All Subscription Fees must be paid prior to the use of the Software. 7. Additional Agreements PEAK ENGAGEMENT may require you to agree, in order to continue using the Software, to updated terms and conditions which will apply from that date forward. 8. Prices, Taxes and Incidental Charges The price level is fixed for the duration of the Term (monthly or yearly). PEAK ENGAGEMENT may change the pricing at any time with notice provided to you. Any price changes will not be retroactive and will take effect upon the renewal of the Term (next month or year). Prices and rate plans provided by PEAK ENGAGEMENT do not include any taxes, or other fees required by law, and are the sole responsibility of you to pay. PEAK ENGAGEMENT may collect sales, use or like taxes if required by law and you agree to pay these to PEAK ENGAGEMENT when applicable. 9. Product Support Services PEAK ENGAGEMENT may make available to you product support services, training, and other materials (collectively “Support”) related to the Software. Use of any such Support and related incremental costs are governed by the PEAK ENGAGEMENT policies related to such Support which can be found at www.peakengagement.com/wp-content/uploads/2015/09/Peak-Portals-Support-Policy.pdf. Any Software PEAK ENGAGEMENT may provide you as part of the Support is governed by this EULA unless separate terms are provided with the Support. This EULA does not obligate PEAK ENGAGEMENT to provide any Support or to provide further support of any Software provided as part of the Support. You agree that PEAK ENGAGEMENT may collect and use technical information gathered as part of the support services provided to you, if any. PEAK ENGAGEMENT may use this information solely to improve products, or to provide customized service and/or technologies to you and will not disclose this information in a form that personally identifies you. 10. Upgrades A current subscription license or current enhancement is required to be eligible for Software upgrades. After upgrading, you may no longer use the version of the Software that formed the basis for your upgrade eligibility. You may use the resulting upgraded Software only in accordance with the terms of this EULA, unless separate terms are provided with such upgrade. 11. Disclaimer of Warranty The Software is licensed “as-is.” You bear the risk of using it. PEAK ENGAGEMENT gives no express warranties, guarantees or conditions. You may have additional consumer rights under your local laws which this agreement cannot change. To the extent permitted under your local laws, PEAK ENGAGEMENT excludes the implied warranties of merchantability, fitness for a particular purpose and non-infringement. PEAK ENGAGEMENT does not warrant or assume responsibility for the accuracy or completeness of any information, text, graphics, links or other items contained within the Software, nor does it make any warranty respecting any harm that may be caused by the transmission of a computer virus, worm, time bomb, logic bomb, or other such computer program. PEAK ENGAGEMENT further expressly disclaims any warranty or representation to any third party. 12. Remedies PEAK ENGAGEMENT’s entire liability and your exclusive remedy for any claims arising out of the furnishing, performance or use of the Software OR ANY RELATED DOCUMENTATION (whether alleged as a breach of contract or tortuous conduct, including negligence) shall be at the option of PEAK ENGAGEMENT either (a) return of the most recent license fee or Subscription Fees paid, or (b) repair or replacement of the Software. You are not entitled to any consequential or other damages. In no event shall PEAK ENGAGEMENT be liable for any special, incidental, punitive, indirect or consequential damages (including, but not limited to, damages for loss of profits or confidential or other information, for business interruption, for personal injury, for loss of privacy, for failure to meet any duty arising out of or in any way related to the use or inability to use the Software, the provision of or any failure to provide support or other services, information or related content.). 13. Acknowledgement By using this product you acknowledge that you have read this agreement, understand it and agree to be bound by its terms and conditions. 14. Termination and Cancellation Without prejudice to any other rights, PEAK ENGAGEMENT may suspend or revoke your use of the Software at any time if you violate the terms and conditions of this EULA. In such event, you must destroy all of your copies of the Software and all of its component parts, as well as any copies of related media, printed materials, or "online" or electronic documentation. Your right to use the Software will stop immediately upon notification from PEAK ENGAGEMENT of the suspension or revocation of usage rights. Any outstanding Subscription Fees and other charges will become immediately due upon the suspension or revocation of usage rights. You may terminate a subscription at any time. Any termination of subscription shall be effective at the end of the current term (month or year) in which notification is received from you. Subscription and Enhancement fees are nonrefundable. PEAK ENGAGEMENT will not own any of your data placed in the Software or Microsoft Dynamics CRM. Upon termination of usage rights or cancellation, whether by you or PEAK ENGAGEMENT, you are responsible for obtaining your data and/or ensuring you have proper backups available from the Software and related Microsoft Dynamics CRM software. You acknowledge that PEAK ENGAGEMENT shall have no responsibility for the deletion, integrity, reliability, legality or right to use data. 15. Applicable Law The laws of the state of North Dakota shall govern this agreement. You hereby consent to the exclusive jurisdiction of the state and federal courts located in Cass County, North Dakota for resolution of any disputes arising out of this EULA. 16. Assignment This EULA may not be assigned by you, in whole or in part, whether voluntarily or by operation of law, including by way of sale of assets, merger or consolidation without the prior written consent of PEAK ENGAGEMENT. PEAK ENGAGEMENT may assign this EULA without your consent. Subject to the foregoing, this EULA will be binding upon and will inure to the benefit of the parties and their respective successors and assigns. 17. Entire Agreement; Severability This EULA, including any addendum, supplement or amendment, is the entire agreement between you and PEAK ENGAGEMENT relating to the Software and the support services (if any) and they supersede all prior or contemporaneous oral or written communications, proposals and representations with respect to the Software or any other subject matter covered by this EULA. To the extent the terms of any PEAK ENGAGEMENT policies or programs conflict with the terms of this EULA, the terms of this EULA shall control unless otherwise expressly designated by PEAK ENGAGEMENT that such policies shall supersede the provisions of this EULA. If any provision of this EULA is held to be void, invalid, unenforceable or illegal, the other provisions shall continue in full force and effect.
Peak Portals is purchased as a monthly or yearly subscription or as a Software License purchase. We do not issue refunds once the subscription or purchase is ordered and paid. Peak Portals Subscriptions can be cancelled at any time. In the case of a Subscription cancellation the service will remain active through the current paid subscription period (end of month or end of 12 month period depending on the purchased term).