License Agreement
Last updated: 10 Ocober, 2024
Please read this End-User License Agreement (“Agreement”) carefully before installing, downloading or using any of the applications listed in Appendix 1 (“Application”). By installing, downloading or using the Application, ______________________________, here after named “you”, are agreeing to be bound by the terms and conditions of this Agreement. This Agreement is a legal agreement between you (either an individual or a single entity) and Private Entrepreneur Volodymyr Myronenko (PE Volodymyr Myronenko), and it governs your use of the Application made available to you by PE Volodymyr Myronenko. If you do not agree to the terms of this Agreement, do not install, download or use the Application. The Application is licensed, not sold, to you by PE Volodymyr Myronenko for use strictly in accordance with the terms of this Agreement.
License
PE Volodymyr Myronenko grants you a revocable, non-exclusive, non-transferable, license to download, install, use, extend or modify the Application solely for your own internal business purposes strictly in accordance with the terms of this Agreement.
The license is for 1 x production environment (LCS project). Regardless of how many users and legal entities in that production environment.
You can add as many Tier-2 environments to the LCS projects as you want. Pre-production, sandbox, UAT and development environments don’t need separate license.
Restrictions
You agree not to, and you will not permit others to:
- license, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the Application or make the Application available to any third party.
- copy or use the Application for any purpose other than as permitted under the above section ‘License’. – modify, make derivative works of, disassemble, decrypt, reverse compile or reverse engineer any part of the Application.
- remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of PE Volodymyr Myronenko or its affiliates, partners, suppliers or the licensors of the Application.
Intellectual Property
The Application, including without limitation all copyrights, patents, trademarks (except as related to Microsoft trademarks), trade secrets and other intellectual property rights are, and shall remain, the sole and exclusive property of PE Volodymyr Myronenko. The trademarks Microsoft, Dynamics, and Dynamics 365 have been registered as or are under registration as trademarks of Microsoft Corporation.
Updates to Application
PE Volodymyr Myronenko may from time to time provide enhancements or improvements to the features/functionality of the Application, which may include new features, bug fixes, updates, upgrades and other modifications (“Updates”). Updates may modify certain features and/or functionalities of the Application. PE Volodymyr Myronenko must check the compatibility of the Application with each new release of Microsoft Dynamics 365 FO and provide Updates if needed. You agree that PE Volodymyr Myronenko has no obligation to (i) provide any Updates (except Updates for new releases of Microsoft Dynamics 365 FO), or (ii) continue to provide or enable any particular features and/or functionalities of the Application to you. You further agree that all Updates will be (i) deemed to constitute an integral part of the Application, and (ii) subject to the terms and conditions of this Agreement.
Term and Termination
This Agreement shall remain in effect until terminated by you or PE Volodymyr Myronenko. This Agreement will terminate immediately, without prior notice from PE Volodymyr Myronenko, in the event that you (a) fail to comply with any provision of this Agreement. You may also terminate this Agreement by deleting the Application and all copies thereof from your Dynamics 365 application. Upon termination of this Agreement, you shall cease all use of the Application and delete all copies of the Application from your mobile device or from your computer. Termination of this Agreement will not limit any of PE Volodymyr Myronenko’s rights or remedies at law or in equity in case of breach by you (during the term of this Agreement) of any of your obligations under the present Agreement.
Indemnification
You agree to indemnify and hold PE Volodymyr Myronenko and its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (if any) harmless from any claim or demand, including reasonable attorneys’ fees, due to or arising out of your: (a) use of the Application; (b) violation of this Agreement or any law or regulation; or (c) violation of any right of a third party.
No Warranties
The Application is provided to you “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, PE Volodymyr Myronenko, on its own behalf and on behalf of its affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Application, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, PE Volodymyr Myronenko provides no warranty or undertaking, and makes no representation of any kind that the Application will meet your requirements, achieve any intended results, be compatible or work with any other software (except for Microsoft Dynamics 365), applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected. Without limiting the foregoing, neither PE Volodymyr Myronenko nor any PE Volodymyr Myronenko software provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Application, or the information, content, and materials or products included thereon; (ii) that the Application will be uninterrupted or error-free; or (iii) as to the accuracy, reliability, or currency of any information or content provided through the Application.
Limitation of Liability
Notwithstanding any damages that you might incur, the entire liability of PE Volodymyr Myronenko and any of its suppliers under any provision of this Agreement and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by you for the Application over the previous 12-month period. To the maximum extent permitted by applicable law, in no event shall PE Volodymyr Myronenko or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, for loss of data or other information, for business interruption, for personal injury, for loss of privacy arising out of or in any way related to the use of or inability to use the Application, third-party software and/or third-party hardware used with the Application, or otherwise in connection with any provision of this Agreement), even if PE Volodymyr Myronenko or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Severability
If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Waiver
Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Agreement shall not affect a party’s ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute waiver of any subsequent breach.
For U.S. Government End Users
The Application and related documentation are “Commercial Items”, as that term is defined under 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as such terms are used under 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. In accordance with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein.
Export Compliance
You may not export or re-export the Application except as authorized by United States law and the laws of the jurisdiction in which the Application was obtained. In particular, but without limitation, the Application may not be exported or re-exported (a) into or to a nation or a resident of any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By installing or using any component of the Application, you represent and warrant that you are not located in, under control of, or a national or resident of any such country or on any such list.
Force Majeure
In the case of failure to perform this Agreement due to any force majeure, neither party shall be liable for such failure, and this Agreement shall be terminated automatically. In the case of failure to perform any part of this Agreement due to any force majeure, the party suffering from such force majeure may be exempted from corresponding liability to the extent of the impact of such force majeure. However, such party shall continue to perform other obligations under this Agreement which have not been affected by such force majeure. If such force majeure occurs after such party delays to perform this Agreement, it shall not be exempted from its corresponding liabilities.
In the case of failure to provide product updates due to any force majeure, the source code will be provided to you. The source code is provided only to support your existing installation with new Microsoft D365 FO updates. In such case the source code remains the exclusive property of PE Volodymyr Myronenko and limitations listed in the “Restrictions” section remain unaffected.
Amendments to this Agreement
PE Volodymyr Myronenko reserves the right, at its sole discretion, to modify or replace this Agreement at any time. By continuing to access or use our Application after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Application.
Contact Information
If you have any questions about this Agreement, please contact us at axaptatraining@dynamicsaxtraining.com
Entire Agreement
The Agreement constitutes the entire agreement between you and PE Volodymyr Myronenko regarding your use of the Application and supersedes all prior and contemporaneous written or oral agreements between you and PE Volodymyr Myronenko. You may be subject to additional terms and conditions that apply when you use or purchase other PE Volodymyr Myronenko products or services, which PE Volodymyr Myronenko will provide to you at the time of such use or purchase.
Appendix 1
Applications covered by this End User License Agreement include: Product attribute search