A. General Use of the Site
- Your Account. To use certain features or services on the Site, including the ability to download applications from or participate in SugarCRM’s online app marketplace (“SugarExchange”) or participate in the related technology program, you must have an account with SugarCRM (“Your Account”). You are solely responsible for maintaining the confidentiality of your password for Your Account, and for any and all activities that may occur under Your Account. You shall keep any and all required profile information accurate and up to date. You will inform SugarCRM immediately in writing of any actual or potential unauthorised access to Your Account or password. Accounts are subject to cancellation or suspension by SugarCRM at any time, including upon the misuse of the account or breach of these Terms. SugarCRM is not liable for any loss or damage arising from your failure to maintain the confidentiality of your password or any resulting activities under Your Account.
- Eligibility Requirements. Neither the Site nor our Community Forums (like those available here), are not intended for users under the age of 13. By creating an account with us, you warrant that you are at least 13 years of age.
- Modification of the Terms. SugarCRM reserves the right, at our discretion, to change, add, or remove portions of these Terms at any time by posting the amended Terms to this page. Please check these Terms and any policies periodically for changes. Your continued use of the Site (including any use of any of Site Content or submission of Your Content, each defined further below) after the changes become effective constitutes your binding acceptance of such changes. Except as stated elsewhere, such amended Terms will automatically be effective upon the earlier of (a) your ongoing use of the Site with actual notice of the new terms, or (b) 30 days after SugarCRM has first posted notice of the new terms on this page or emailed the notice to you (as applicable).
- Other Terms and Conditions May Apply. Additional terms may apply to the purchase of products or services and to your use of specific portions or features of the Site, all of which terms are made a part of these Terms. For example:
- If you want to download apps from SugarExchange or post reviews on products available on SugarExchange, the additional terms here apply.
If there is a conflict between these Terms and the terms posted for or applicable to a specific portion of the Site or for any service offered on or through the Site, the latter terms shall control with respect to your use of that portion of the Site or the specific product or service.
SugarCRM’s obligations, if any, with regard to subscriptions for SugarCRM’s products and services or the licensing of the open source product (i.e., Community Edition) are governed solely by the separate agreements pursuant to which such products and services are provided by SugarCRM to its customers and licensees, and nothing on the Site should be construed to alter such agreements.
B. Your Content, Conduct and Responsibilities
- Sharing Your Content. You understand that any message, feedback, information or data you submit or upload to the Site (“Your Content”) is given by you voluntarily. You retain ownership to Your Content. However, by using the Site, you understand that:
- You’re giving SugarCRM and certain third parties permission to use and view Your Content, as described in these Terms;
- SugarCRM and any past, present or future users of the Site may (a) develop or have developed content that is identical or similar to Your Content; (b) already know Your Content from other sources; or (c) have taken or will take some other action with respect to Your Content;
- Viewing of Your Content by SugarCRM or any other users of the Site shall not be construed as any recognition of novelty or originality of Your Content;
- If Your Content is subject of a pending or issued patent, you have disclosed or will disclose that fact in connection with posting Your Content on or through this Site, including any Community Forums; and
- You are free to enter into separate written contracts with third parties to license your Content to them (such as to give a license under your patents in Your Content).
- Rules for the Content You Share.(a) Right to Share Your Content. You agree that you will only upload, share, post, publish, transmit, or otherwise make Your Content available on or through the Site (“Share”) that you have the right and authority to Share and can grant to SugarCRM all of the licenses and rights required by these Terms.(b) What Not to Share with SugarCRM. You agree that Your Content shall not: (i) be false or misleading, (ii) defame, be derogatory, degrade or harass another or constitute a personal attack, (iii) invade another’s privacy or includes, copies or transmits another’s confidential, sensitive or personal information, (iv) promote bigotry, racism, hatred or harm against any group or individual, (v) be obscene or not in good taste, (vi) violate, infringe or promote the violation or infringement of another’s rights, including intellectual property rights; (vii) violate or promote the violation of any applicable laws or regulations, (viii) contain a solicitation of funds, goods or services, or promotes or advertises goods or services, or (ix) contain any viruses, Trojan horses, or other components designed to limit or harm the functionality of a computer. SugarCRM may report you to the relevant authorities or take any other actions under applicable laws it determines are necessary or appropriate if your Content that you Share is intended or designed to cause harm.
- Use Site in a Responsible Manner. You agree to use the Site and any Site Content available on the Site in a responsible, respectful and ethical manner and in compliance with the most current version of the Community Guidelines. For example, you agree that you will not:
- take any action to circumvent or attempt to circumvent the security and access control provisions of the Site such as logging in to an account not assigned to you, accessing personally identifiable information not owned by you, testing the security measures of the Site and/or attempt to identify system vulnerabilities, impersonating any other user of the Site or forge any of the header information in any posting or tamper with the TCP/IP packet header;
- overwhelm or disable the Site or interfere with access to and use of the Site by any other user;
- use the Site or any of Site Content to violate any applicable law or regulation, including, without limitation, the infringement of any copyright, trademark, trade secret or other intellectual property right of others, or violate the privacy or publicity rights of any other person;
- harass, stalk, or otherwise subject any other user of the Site to unwanted and/or inappropriate contact;
- send unsolicited mail or e-mail, make unsolicited phone calls or send unsolicited faxes and/or advertise any products or services either by directly posting on the Site or by making unsolicited contact with any other user of the Site via email, telephone, postal mail, or any other method of communication;
- make any changes, additions and/or deletions to any of the Site Content posted by any other user of the Site without the express written authorisation of such other user;
- frame or link to the Site or any of Site Content, unless SugarCRM expressly consents in writing to such linking and/or framing;
- intentionally expose the Site to any computer virus or any other program or code intended to disrupt or disable operations of the Site;
- use any “deep-link,” “page-scrape,” robot, spider or other program, algorithm, methodology, device or similar manual process to access, copy, monitor, retrieve or index any portion of the Site or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Site Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site;
- harvest or otherwise collect information about other users of the Site; or
- modify, reverse engineer, disassemble, decompile or otherwise attempt or allow others to attempt to discover the underlying computer code for the Site.
You understand that these are examples only and are not intended to be complete or exclusive.
- Non-Compliant Content. SugarCRM has the right, but not the obligation, to remove or block Your Content or any Third Party Content (defined in Section C(3)) from the Site that it determines in its sole discretion to be in violation of these Terms.
- Report Abuse. If you believe that someone else’s posts do not complying with these Terms (including our Community Guidelines), you can report abuse by submitting an email to email@example.com or if you’re logged into our community forum, by selecting “Report Abuse” under Actions on the right panel of a post or conversation.
- Your Responsibility for Certain Claims. You agree to defend, indemnify and hold harmless SugarCRM and its affiliates and its and their officers, directors, predecessors, successors in interest, representatives, suppliers, partners, agents and employees from and against any and all liabilities, claims, costs and expenses, including attorneys’ fees, arising out of, based on or in connection with (a) your use of the Site, (b) your breach of these Terms, and/or (c) any of Your Content. SugarCRM reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify SugarCRM under this Section, and you agree to cooperate with SugarCRM in the defense of these claims.
C. Content Available On or Accessible From Site
- Site Content. All text, user interfaces, visual interfaces, photographs, sounds, music, artwork, trademarks, logos, graphics, images, computer code or any documents or materials that SugarCRM makes available on the Site (collectively, “Site Content”), including the design, structure, selection, coordination, expression, “look and feel” and arrangement of any Site Content, contained on the Site and all related intellectual property rights is owned, controlled or licensed by or to SugarCRM.
- Your Right to Use the Site Content and Related Restrictions. As long as you comply with these Terms, SugarCRM grants you a personal, non-exclusive, non-transferable and limited right to use the Site and view and download the Site Content for your personal and/or internal business purposes. Except as expressly stated herein, you acknowledge and agree that (a) you have no right, title or interest in or to the Site Content, (b) you cannot remove or alter any proprietary notices on the Site Content (such as copyright or trademark notices), (c) you cannot modify the Site Content, and (d) you cannot use any trademarks, services marks, brands, logos, designs, etc., that appear on this Site without the express prior written permission of SugarCRM or the respective owners. All rights not expressly granted in these Terms are reserved by SugarCRM and its licensors.
- International Use. The Site is hosted in the United States. SugarCRM does not guarantee that the Site or the Site Content are appropriate or will be available for use in locations other than the United States. If you use the Site from outside the United States, you acknowledge that:
- You are voluntarily transferring information (potentially personally identifiable information) and Your Content to the Unites States and agree that SugarCRM’s collection, use, storage and sharing of your information and Your Content is exclusively subject to the laws of the United States, not of the jurisdiction in which you are located; and
- You are entirely responsible for compliance with applicable local laws, including but not limited to the export and import regulations of other countries in relation to the Site Content and Your Content.
D. Copyright Notification and Takedown Process
SugarCRM respects the intellectual property of others, and ask that you do the same. In accordance with the Digital Millennium Copyright Act of 1998, SugarCRM will respond expeditiously to claims of copyright infringement committed using the Site that are reported to SugarCRM’s Designated Copyright Agent. If you are a copyright owner, or are authorised to act on behalf of one, or authorised to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Site, by providing a notice of alleged infringement to SugarCRM’s Designated Copyright Agent (“Notice”) as further detailed below. Upon receipt of the Notice, SugarCRM will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged material from the Site.
You can provide the Notice by providing the following information to our Designated Copyright Agent as follows:
- an electronic or physical signature of the person authorised to act on behalf of the owner of the copyright interest;
- a description of the copyrighted work that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Site;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorised by the copyright owner, its agent, or the law; and
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorised to act on the copyright owner’s behalf. If you are unsure whether there has been an infringement of your copyright or about your rights in the material, SugarCRM suggests that you seek legal advice before reporting the material to SugarCRM or sending us a counter-notice. There may be negative consequences if you falsely allege copyright infringement or report material to SugarCRM in bad faith. Our designated copyright agent for notice of claims of copyright infringement on the Site can be reached as follows:By MailSugarCRM Inc.
Attention: Legal Department
10050 North Wolfe Road, SW2-130
Cupertino, CA 95014, USA
If you believe material was removed in error, you have the option to file a counter-notice by following the steps below. When SugarCRM receives a valid counter-notice, SugarCRM will forward a copy to the person who filed the original complaint. If SugarCRM does not receive notice within 10 business days that the submitter of the original complaint is seeking a court order to prevent further infringement of the content at issue, SugarCRM will remove the complaint from Your Account’s record, and SugarCRM may replace the material that was removed.
How to File a Counter-Notice:
- Email your counter-notice to firstname.lastname@example.org.
- Include ALL of the following:
- Your name, address, and telephone number.
- DMCA ID printed at the bottom of the notification email.
- The source address of the content that was removed (copy and paste the link in the notification email).
- A statement under penalty of perjury that you have a good faith belief that the content was removed in error.
- A statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if your address is outside of the United States, for any judicial district in which SugarCRM may be found, and that you will accept service of process from the person who provided the original complaint or an agent of such person.
- A physical or electronic signature (for example, typing your full name).
E. Additional Terms
- Termination of Your Use of the Site. SugarCRM may, in its sole discretion, terminate or limit your access to, or use of, the Site, any Site Content and Your Content for any reason. Upon any such termination, your right to use the Site and any Site Content or access Your Account and Your Content, including all information stored in the Site, automatically terminates. Further, information in Your Account and Your Content may, but is not required to be, deleted by SugarCRM. If you have an account with SugarCRM, SugarCRM will use commercially reasonable efforts to inform you of any such termination by sending an email to the address you provide upon registration. You agree that SugarCRM will not be liable to you or any third party for any termination or limitation of your access to, or use of, the Site, any Site Content or any of your information in Your Account or Your Content that you Share on or through the Site.
- Disclaimer of Warranty. SUGARCRM DOES NOT PROMISE THAT THE SITE OR ANY SITE CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE UP-TO-DATE, ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND THE SITE CONTENT ARE DELIVERED BY SUGARCRM ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. SUGARCRM CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. TO THE FULLEST EXTENT PERMITTED BY LAW, SUGARCRM, ITS AFFILIATES AND ITS SUPPLIERS, EXPRESSLY DISCLAIM ALL WARRANTIES AND REPRESENTATIONS, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING (WITHOUT LIMITATION) THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. SUGARCRM DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR CONTENT AND YOUR USE OF THE SITE, INCLUDING WITHOUT LIMITATION, THE SITE CONTENT AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST SUGARCRM FOR DISSATISFACTION WITH THE SITE OR ANY SITE CONTENT IS TO STOP USING THE SITE OR ANY SUCH SITE CONTENT.
- Limitation of Liability. NEITHER SUGARCRM NOR ANY OF ITS AGENTS, AFFILIATES OR SUPPLIERS SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OF REVENUE, PROFITS OR DATA ARISING OUT OF OR RELATED TO THE USE OR ATTEMPTED USE OF THE SITE, INCLUDING BUT NOT LIMITED TO, THE RESULTS OF YOUR USE OF THE SITE, ANY LINKED SITES OR THE SITE CONTENT TE, EVEN IF SUGARCRM AND SUCH PARTIES WERE INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION APPLIES TO ALL LIABILITY IN THE AGGREGATE, WHETHER ARISING IN CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE) PRODUCT LIABILITY, MISREPRESENTATIONS OR OTHERWISE. IN NO EVENT WILL THE AGGREGATE LIABILITY OF SUGARCRM ARISING UNDER THESE TERMS OR FOR ANY CAUSE OF ACTION IN CONNECTION WITH THESE TERMS EXCEED THE LESSER OF AMOUNTS PAID BY YOU, IF ANY, TO SUGARCRM OR $100 USD.
- General. You may not assign, voluntarily, by operation of law, or otherwise, any rights or delegate any duties under these Terms without SugarCRM’s prior written consent, and any attempt to do so without that consent will be void. These Terms will bind and inure to the benefit of the parties and their respective successors and permitted assigns. These Terms and any dispute arising out of or in connection with these Terms will be governed as to all matters by the laws of California, without giving effect to conflicts of law principles thereof and excluding the U.N. Convention on the International Sale of Goods. If any provision of these Terms is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties, with all other provisions remaining in full force and effect. The failure of SugarCRM to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by SugarCRM in writing. No joint venture, partnership, employment or agency relationship exists between you and SugarCRM. These Terms comprise the entire agreement between you and SugarCRM and supersede all prior or contemporaneous negotiations, discussions or agreements, if any, between the parties regarding the subject matter contained herein. Except for SugarCRM’s rights to modify these Terms as described above, these terms may be amended or supplemented only by a writing that is signed by duly authorised representatives of both parties.
Last Updated: April 2016