THE MANAGEENGINE MARKETPLACE IS PROVIDED TO YOU BY ZOHO CORPORATION (“ZOHO”), ACCORDING TO THE FOLLOWING TERMS AND CONDITIONS IN ADDITION TO THE TERMS SPECIFIC TO THE USAGE OF INDIVIDUAL MANAGEENGINE PRODUCTS (“TERMS”). YOUR USE OF THE MANAGEENGINE MARKETPLACE SIGNIFIES YOUR ACCEPTANCE OF THE TERMS. IF YOU DO NOT AGREE TO THE TERMS, DO NOT PROCEED.
The ManageEngine Marketplace is a Service that lets you to browse, locate, or purchase products, which includes applications, extensions, and connectors (“Applications”) created for use in connection with ManageEngine Products. Most of these Applications are developed and listed by independent third-party developers or vendors ("Third-Party Vendors"), while some of these Applications are developed by Zoho ("ManageEngine Applications"). The Applications developed and listed by Third-Party Vendors shall herein be referred to as "Third-Party Applications." The Applications may be offered to you for a fee or without any charges.
You will be required to create a Marketplace account with Zoho ("Marketplace Account") for the purpose of purchasing Applications from the ManageEngine Marketplace. You are responsible for safeguarding your Marketplace Account and log-in credentials. You will be held accountable for all the activities that occur in or through your Marketplace Account.
The Applications listed in the ManageEngine Marketplace can be purchased (i) through Zoho's ordering and license management system or (ii) directly from the Third-Party Vendors.
(i) Zoho's Ordering and License Management System - Zoho's ordering and license management system can be used to place your orders for the purchase of ManageEngine Applications and certain Third-Party Applications that are integrated with Zoho's ordering and license management system;
(ii) Purchase from Third-Party Vendors - Your orders for the purchase of other Third-Party Applications that have not integrated with Zoho's ordering and license management system should be placed directly with the respective Third-Party Vendors.
You expressly authorize Zoho to share your order information with Third-Party Vendors solely in connection with your purchase of Third-Party Applications.
To receive access to paid Applications, you must pay the prescribed fees to (i) Zoho for orders placed through Zoho's ordering and license management system and (ii) the Third-Party Vendor for orders placed with them directly.
Your purchase and usage of Third-Party Applications will be governed in accordance with the Third-Party Vendor's terms of service, privacy policy, and any other applicable terms ("Third-Party Terms"). Zoho shall not be held responsible for any use or processing of your data by the Third-Party Vendors or the Third-Party Applications. You may use the Third-Party Application only when you agree to the Third-Party Terms. You understand that Zoho does not assume any obligation with respect to the Third-Party Applications, which may include, but is not limited to, providing technical assistance, maintenance, or any other customer support activities. You are solely responsible for entering into suitable agreements with Third-Party Vendors.
Your purchase and use of ManageEngine Applications will be governed in accordance with the applicable ManageEngine terms and Zoho's privacy policy.
All proprietary and intellectual property rights in the ManageEngine Marketplace and ManageEngine Applications shall remain the exclusive property of Zoho, and Zoho does not grant anyone any right or title, or the permission to use rights, except as expressly provided herein.
Except as expressly granted by the Vendors, all the proprietary and intellectual property rights in the Third-Party Applications listed in the ManageEngine Marketplace shall vest with the respective Third-Party Vendors.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE MANAGEENGINE MARKETPLACE AND ANY APPLICATIONS OBTAINED THROUGH THE MANAGEENGINE MARKETPLACE WILL NOT BE UNINTERRUPTED OR ERROR-FREE. SUBJECT TO APPLICABLE LAWS AND EXCEPT AS PROVIDED HEREIN, THE MANAGEENGINE MARKETPLACE IS FURNISHED “AS IS” WITHOUT WARRANTY OF ANY KIND, INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOUR USE OF THE MANAGEENGINE MARKETPLACE AND ANY APPLICATIONS OBTAINED THROUGH THE USE OF THE MANAGEENGINE MARKETPLACE IS AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE DEVICE, OR OTHER DEVICE, OR LOSS OF DATA THAT RESULTS FROM SUCH USE.
Zoho may suspend or terminate your access to the ManageEngine Marketplace or your Marketplace Account in the event of a violation of the Terms. Zoho also reserves the right to initiate appropriate legal action against you in the event of such violation.
We may modify the Terms upon notice to you at any time through a service announcement or by sending an email to your primary email address. If we make significant changes to the Terms that affect your rights, you will be provided with at least 30 days’ advance notice of the changes by email to your primary email address.
You may terminate your use of the Zoho Marketplace by providing Zoho notice by email within 30 days of being notified of the availability of the modified Terms if the Terms are modified in a manner that substantially affects your rights in connection with use of the ManageEngineMarketplace. Your continued use of the Zoho Marketplace after the effective date of any change to the Terms will be deemed to be your acceptance of the modified Terms.
You agree to indemnify, defend, and hold harmless Zoho, its affiliates, and its respective employees, officers, and directors from and against any loss, damages, expense, or claims brought against Zoho that may arise from (i) your breach of Terms, (ii) your violation of any third-party rights, or (iii) any information that you provide to Zoho.
IN NO EVENT SHALL ZOHO OR ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THE MANAGEENGINE MARKETPLACE OR APPLICATIONS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
This agreement shall be construed, interpreted, and governed by the laws of the State of California exclusive of its conflicts of law provisions. The parties irrevocably submit to the jurisdiction of Alameda County, California and waive any claim in respect of inconvenience thereof.
COPYRIGHT HOLDERS AND CONTRIBUTORS HEREBY GRANT YOU A NON-EXCLUSIVE, NON-TRANSFERABLE, WORLDWIDE LICENSE TO FREELY USE THE APPLICATION, SUBJECT TO THE FOLLOWING TERMS: