Last Updated: March 20, 2024
Motivosity Software License Agreement
THIS MASTER SERVICES AGREEMENT is made as of the date of the first dually executed sales order (“Sales Order”) between Motivosity, Inc., ("Motivosity") a Delaware corporation with a principal place of business at 1633 West Innovation Way, Suite 150, Lehi, UT 84043, and “Subscriber” as outlined in the Ship To company name and address on the Sales Order.
BACKGROUND
1. TERM AND TERMINATION
2. RENEWAL AND PAYMENTS
3. TERMS OF SERVICE
4. PUBLICITY RIGHTS
5. SERVICE LEVELS
6. CONFIDENTIALITY
7. LIMITATIONS ON LIABILITY
8. INDEMNIFICATION
9. REPRESENTATIONS & WARRANTIES
10. DISCLAIMER OF WARRANTIES – EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH IN THIS AGREEMENT, MOTIVOSITY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE SUITABILITY, AVAILABILITY, OR COMPLETENESS OF THE SERVICE OR ANY CONTENT THEREIN OR GENERATED THEREWITH. MOTIVOSITY DOES NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE SERVICE WILL MEET SUBSCRIBER'S REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE, (D) ERRORS OR DEFECTS WILL BE CORRECTED EXCEPT AS PROVIDED IN THIS AGREEMENT. EXCEPT FOR THE EXPRESS WARRANTIES IN THIS AGREEMENT, THE SERVICE AND ALL CONTENT IS PROVIDED TO SUBSCRIBER STRICTLY ON AN "AS IS" BASIS; ALL OTHER CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED BY MOTIVOSITY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
11. GENERAL PROVISIONS
