THIS IS AN AGREEMENT BETWEEN YOU AND AG LEADER TECHNOLOGY, INC., A IOWA CORPORATION, ("AG LEADER TECHNOLOGY"). BY CREATING AN ACCOUNT, ACCEPTING THESE TERMS AND USING ANY PROVIDED SERVICES YOU ARE AGREEING TO THE TERMS AND CONDITIONS OF THIS AGREEMENT. THIS AGREEMENT APPLIES TO ANY OF THE SERVICES OR APPLICATONS PROVIDED BY THE AGFINITI PORTAL SITE AND RELATED CLOUD SERVICES ("SERVICES").
IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT LOGIN TO THE PORTAL OR CONTINUE TO USE ANY OF THE SERVICES.
TERMS AND CONDITIONS
1. Grant of License
(a). Beta/Pilot License
Ag Leader Technology grants to you the non-exclusive right and license, subject to the terms hereof, to access and use, for your own internal business purposes, any licensed services provided via our cloud services. The License granted under section 1(a) shall terminate as set forth in sections 4 and 5 and the access to the services is only provided for the term of the beta/pilot program or until Ag Leader terminates the program at their discretion.
(b). Full License
Upon your payment of the applicable license fee for the services known as AgFiniti cloud services, Ag Leader Technology will grant to you the non-exclusive right and license, subject to the terms hereof, to access and use solely for your own internal business purposes for any services that a license fee is paid for. The license granted under section 1(b) will terminate as set forth in sections 4 and 5. Upon such termination, access to the SERVICES will be terminated.
Purchased licenses for services are tied to a single account. Every business/operation must have their own account for private or business usage. Customers of a business shall not be added to that business' account as AgFiniti users. AgFiniti users created within an Account should only consist of people who are employees of the business/operation. Failure to follow these guidelines can result in the termination of the Account, licenses and/or AgFiniti users.
All rights not expressly granted to you by this Agreement are reserved by Ag Leader Technology. Licenses are effective until they expire or are terminated. You may terminate your license(s) at any time by requesting they be terminated and that your AgFiniti account be removed.
Provided SERVICES are governed by some limit tied to the specific service, such as licenses that have a timespan limit (for example 1 year) and only allow a certain number or usages. Other licensed services may be tied to an entire account but may still be limited for use for a set time period. Each purchased license will dictate its terms of usage and limitations.
The SERVICES provided will update periodically at Ag Leader's discretion, with or without prior notice to users.
Ag Leader Technology retains all title, interest and proprietary rights in and to the SERVICES. You may not copy all or any part of the SERVICES. You shall not remove any copyright or other proprietary notice from the SERVICES and you must reproduce all copyright and other proprietary rights notices on any copy you make.
You shall not: (i) modify, translate, reverse engineer, decompile, or disassemble the SERVICES; (ii) directly or indirectly export or re-export the SERVICES; (iii) disclose the SERVICES to any third party; or (iv) except as otherwise provided herein, assign, sell, lease, rent, sublicense, distribute or otherwise transfer or attempt to transfer the SERVICES. If you have a license to the SERVICES under section 1 above, they are non-transferable.
You shall not misuse the AgFiniti portal site and its SERVICES. You must not use the SERVICES to do any of the following things:
•probe, scan, or test the vulnerability of any system or network;
•breach or otherwise circumvent any security or authentication measures;
•access, tamper with, or use non-public areas of the SERVICES, shared areas of the SERVICES you have not been invited to, or Ag Leader systems;
•interfere with or disrupt any user, host, or network, for example by sending a virus, overloading, flooding, or spamming any part of the SERVICES;
•plant malware or otherwise use the SERVICES to distribute malware;
•access or search the SERVICES by any means other than our publicly supported interfaces (for example, “scraping”);
•send unsolicited communications, promotions or advertisements, or spam;
•send altered, deceptive or false source-identifying information, including “spoofing” or “phishing”;
•publish anything that is fraudulent, misleading, or infringes another's rights;
•promote or advertise products or services other than your own without appropriate authorization;
•impersonate or misrepresent your affiliation with any person or entity;
•publish or share materials that are unlawfully pornographic or indecent, or that advocate bigotry, religious, racial or ethnic hatred;
•violate the law in any way, or to violate the privacy of others, or to defame others.
IF YOU FAIL TO COMPLY WITH ANY OF THE TERMS OF THIS AGREEMENT, YOUR LICENSE SHALL AUTOMATICALLY TERMINATE, SUCH TERMINATION SHALL BE IN ADDITION TO, AND NOT IN LIEU OF, ANY CRIMINAL, CIVIL OR OTHER REMEDIES AVAILABLE TO Ag Leader Technology.
We reserve the right to suspend or end the SERVICES at any time, with or without cause, and with or without notice. For example, we may suspend or terminate your use if you are not complying with these Terms, or use the SERVICES in any way that would cause us legal liability or disrupt others’ use of the SERVICES. If we suspend or terminate your use, we will try to let you know in advance and help you retrieve data, though there may be some cases (for example, repeatedly or flagrantly violating these Terms, a court order, or danger to other users) where we may suspend immediately.
6. Data Ownership
Any data created or uploaded to the SERVCIES shall remain the property of the account owner/licensee of the SERVICES. Ag Leader makes no claim to any data or content stored relative to your account(s) and will only access data with your permission or as part of a beta/pilot program. Ag Leader will use access to your data and usage of SERVICES ONLY for support or system improvement purposes such as improving performance of provided services but NOT for data mining purposes or improvements to other Ag Leader products. At no point shall Ag Leader share or sell your data or personal information to any other party, unless the Account owner has provided prior consent.
7. Third-Party Licensing Terms and Usage Restrictions
Services provided by Ag Leader Technology may contain third-party data and/or imagery. Use of third-party data and/or imagery may be subject to third party’s License Agreement or additional use restrictions. Access to third-party data and/or imagery can not be guaranteed by Ag Leader Technology.
If any of the SERVICES is found to, or if Ag Leader Technology believes it may be found to infringe a patent, trademark or copyright or misappropriate a trade secret, Ag Leader Technology, at its sole option, may: (a) obtain a license to continue operation of SERVICES; (b) provide a substitute having comparable or better functionality or performance characteristics; or (c) terminate this Agreement and your license to such SERVICES.
9. Assignment by Ag Leader Technology
This Agreement and the rights and obligations of Ag Leader Technology hereunder may be assigned by Ag Leader Technology at any time without notice to you.
10. Limited Warranty
Ag Leader Technology provides no specific warranty for provided services and they are offered "As IS". Ag Leader Technology does not warrant that the functions contained in the SERVICES will meet your requirements or that the operation of the SERVICES will be uninterrupted or error-free.
11. No Other Warranties
EXCEPT AS PROVIDED HEREIN, THE SERVICES ARE PROVIDED "AS IS" AND Ag Leader Technology EXPRESSLY DISCLAIMS ANY AND ALL OTHER WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY CONCERNING THE SERVICES OR THE APPLICATION, OPERATION OR USE THEREOF, OR THE DATA GENERATED BY THE OPERATION OR USE THEREOF, INCLUDING, ANY IMPLIED WARRANTY ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR OF MERCHANTABLE QUALITY. NON-INFRINGEMENT OR OF FITNESS FOR ANY PURPOSE, PARTICULAR, SPECIFIC OR OTHERWISE, CONCERNING THE SERVICES AND THE ACCOMPANYING WRITTEN MATERIALS AND THE APPLICATION, OPERATION OR USE THEREOF.
We may revise these Terms from time to time and the most current version will always be posted on the AgFiniti portal site. If a revision, in our sole discretion, is material we will notify you (for example via email to the email address associated with your account). By continuing to access or use the SERVICES after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, please stop using the SERVICES.
13. Customer Remedies
Ag Leader Technology's entire liability and your exclusive remedy for any breach of this Agreement by Ag Leader Technology shall be that Ag Leader will make reasonable efforts to recover any lost or corrupted content that Ag Leader was maintaining. If the content can not be returned in a suitable form then return of the license fee paid in respect of the SERVICES shall be refunded.
14. NO LIABILITY FOR DAMAGES
You assume the entire risk as to the quality and performance of the SERVICES. IN NO EVENT SHALL Ag Leader Technology HAVE LIABILITY TO YOU OR ANY OTHER PERSON OR ENTITY FOR DAMAGES IN THE FORM OF CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, LOST PROFITS, LOST SAVINGS, LOST DATA, LOSS OF GOODWILL OR OTHERWISE, OR FOR EXEMPLARY DAMAGES, RESULTING FROM YOUR USE OR INABILITY TO USE THE SERVICES, EVEN IF Ag Leader Technology HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Ag Leader Technology's AGGREGATE LIABILITY FOR ALL CLAIMS UNDER THIS AGREEMENT SHALL NOT EXCEED THE AMOUNTS RECEIVED BY Ag Leader Technology FROM YOU FOR SERVICES LICENSED HEREUNDER. YOU ACKNOWLEDGE THAT THE LICENSE FEE HAS BEEN CALCULATED BY Ag Leader Technology BASED, IN PART, UPON YOUR AGREEMENT TO THE WARRANTY AND LIABILITY LIMITATIONS SET FORTH HEREIN.
15. Governing Law
This Agreement shall be governed by, and construed in accordance with, the internal laws of the State of Iowa.
16. Entire Agreement
This Agreement is the entire agreement between you and Ag Leader Technology regarding the SERVICES, and it supersedes any information you received relating to the SERVICES or the subject matter of this Agreement.
Should you have any questions regarding this Agreement or wish to contact Ag Leader Technology, please write to:
Ag Leader Technology
2202 S. Riverside Drive
Ames, Iowa 50010 or call +1 (515) 735-7000.
YOU ACKNOWLEDGE THAT YOU HAVE READ THE LICENSE AGREEMENT AND, BY CREATING AN ACCOUNT AND LOGGING IN TO THE SERVICE YOU INDICATE YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS HEREIN.