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Terms and Conditions of Use and End-User’s License Agreement

Terms and Conditions of Use and End-User’s License Agreement

 

Last updated on: September 28, 2023

 

The following Terms of Use and End-User License Agreement (“Agreement”) is a legal agreement and shall serve as a binding contract between you and Technopath (TSI), a company duly-registered and existing under Philippine law, located at 1607B East Tower, Tektite Twin Towers, Ortigas Center, Pasig City, Philippines, 1605.

 

This agreement governs your acquisition and use of the PowerApp and serves as a binding contract between you and TSI. By using the application, you accept these terms and conditions without reservation. This Agreement governs your use of PowerApp, upgrades, patches, and related services. It sets out the terms and conditions for use of PowerApp services, including the Privacy Policy which shall the govern the collection, processing, and use of personal data.

 

 

 

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE clicking the "I Agree" button.

 

 

By clicking the "I Agree" button, you give your consent to be bound by the entirety of the terms and conditions of this Agreement. The terms of this Agreement include, in particular, the Privacy Policy, as stated here: [https://www.technoforge.dev/privacypolicy].

 

If you do not agree to the terms of this Agreement, do not click on the "I Agree" button or make use of PowerApp. You will only be allowed to use PowerApp if you agree to ALL the provisions of this Agreement.

 

You will be notified of any changes made to this Agreement, which shall also include its Privacy Policy, and the date on which the new provisions take effect. When so notified, you agree to immediately read and review the Agreement or the Privacy Policy. If you do not agree with any provision, or any changes made in the future, you shall cease use of the PowerApp and are required remove it from your from your device, without prejudice to any payments that are rightfully due. You agree that any continued use of the application after the effectivity date of the new provisions will mean that you have read and consented to said provisions.

 

Minors are not allowed to use PowerApp. You warrant that you and the users you allow to access and use PowerApp are eighteen (18) years of age or older.

 

The PowerApp is a CrowdStrike Falcon Firewall Management complementary solution used for web-filtering. For PowerApp to run properly, you must have at least Falcon Pro with Falcon Firewall and have agreed to the CrowdStrike Website Terms of Use.

 

 

 

  1. License

 

  1. The CrowdStrike Falcon platform and product bundles are owned by CrowdStrike Holdings, Inc., a public company based in Austin, Texas, U.S.A. CrowdStrike, CrowdStrike Falcon, CrowdStrike Threat Graph, CrowdScore, Preempt, and other CrowdStrike marks are trademarks of CrowdStrike, Inc. The use of the CrowdStrike Falcon platform and related products are governed by the CrowdStrike terms of use, as indicated here  <https://www.crowdstrike.com/terms-conditions/>.

 

  1. TSI is the owner of PowerApp. Said owner grants you a revocable, non-exclusive, non-transferable, limited license to download, install and use PowerApp on your device or device you control solely for your personal use, strictly in accordance with the terms of this Agreement and upon payment of fees covered in a separate agreement.

 

  1. You acknowledge that PowerApp is merely licensed to you as an End-user, and that you do not own it, or any part of its software. You agree not to directly or indirectly (i) sell, lease, license, or distribute PowerApp or any of its parts commercially; (ii) reverse engineer, decompile, adapt, reproduce, or create derivate works of PowerApp; or (iii) edit, alter, modify, remove, disable, or circumvent portions of PowerApp, including any copyright and trademark indications therein. If the owner receives information that your use of PowerApp may violate this Agreement or any applicable law, it may terminate or disable your use of this application, without prejudice to resort to other legal remedies.

 

  1. You agree not to combine or incorporate PowerApp or any part of it with other software. Neither will you decompile and disassemble its software or attempt to do any such things.

 

  1. You agree not to reproduce, copy, assign, transmit, sell, lease, or otherwise commercially exploit PowerApp for commercial purposes.

 

  1. You agree not to allow any third party to use PowerApp.

 

  1. You acknowledge that any data or information that was collected or collated by the use of PowerApp shall be owned by TSI, and the collection, processing, and use thereof shall be governed by the PowerApp Privacy Policy.

 

  1. You shall not harvest or collect any information or data from any services available in this application for any commercial purpose.

 

  1. You acknowledge that TSI shall retain ownership of PowerApp, and all its code, parts, and updates. Any download of PowerApp shall only provide a limited license on its use in accordance with this agreement, and shall not in any way be construed as ownership over the same.

 

  1. Any intellectual property rights of whatever nature shall remain the property of TSI. As such, TSI may grant licenses for the use of PowerApp or the use of its technologies to third parties. In case an exclusive licensing right is given to a third party, the said third party may have a right to restrict or prevent your use of this application.

 

 

  1. Application Usage

 

  1. While using PowerApp, you agree to comply with all applicable Philippine laws, rules and regulations. In all cases, you may only use PowerApp according to its anticipated use.

 

  1. PowerApp is merely an interface application. For PowerApp to run properly, you are required to have at least CrowdStrike Falcon Pro with Falcon Firewall. If for any reason, the CrowdStrike application or website is unavailable, TSI will not be made liable.

 

  1. You will not modify, distort, block, abnormally burden, disrupt, slow down, or hinder the normal functioning of any part of PowerApp, or attempt to do any of the above. You will not make inappropriate, tortious, defamatory, or injurious use of services provided by PowerApp.  

 

  1. You will not provide false data to PowerApp. You acknowledge that the data and the answers to all questions that you enter into PowerApp are true and correct to your personal knowledge or in accordance with official records in your possession.

 

  1. You understand that the information contained in PowerApp is based on data provided by its users and business partners, and content providers, and that the TSI makes no representations, warranties or guarantees, whether express or implied, that the content featured in PowerApp is accurate, complete or up-to-date. You understand that the PowerApp is merely linked to the CrowdStrike application, which is covered by its own terms and conditions of use, end-users’ license agreement, and privacy policy.

 

  1. You agree that TSI will not be made liable for any damages whatsoever arising out of the use of the Crowdstrike application.

 

  1. You acknowledge that PowerApp has not been developed to meet your personal and individual requirements, and that it is your responsibility to ensure that your device shall meet the technical requirements to enable its use.

 

  1. You are permitted to post or display images and/or video of the usage of PowerApp. By posting these, you grant to TSI a perpetual, irrevocable, royalty-free license to copy, make use of, and modify such work.

 

  1. You agree not to post any information, personal data, executable scripts, files, code, API, URLs, or webhooks from PowerApp.

 

  1. There are no implied licenses under this EULA.

 

 

  1. Modifications to Application

 

  1. TSI is allowed to modify, suspend or discontinue, temporarily or permanently, PowerApp or any service to which it connects[AD1] , with or without notice and without liability to you.

 

  1. TSI reserves the right, at its sole discretion, to modify or replace this Agreement at any time. You will be notified of any changes or amendments to this Agreement.

 

  1. Any information or content in PowerApp may be updated, altered or removed at any time without notice to you.

 

 

  1. Liability and Termination

 

  1. TSI shall not be made liable or responsible for any failure to perform, or delays in performance of any of its obligations under this Agreement that is beyond its reasonable control.

 

  1. Any delay by TSI to insist that you perform any of your obligations under this Agreement will not mean that it has waived its rights against you. Waiver by the owner of any default on your part shall be in writing.

 

  1. You acknowledge that TSI disclaims any warranty for PowerApp, and that there is no express or implied warranty on its functionality with your device. The entire risk arising out of the use or performance of PowerApp remains with you. In no event shall TSI be liable for any damages, whether direct or indirect, arising out of the use of, or inability to use, PowerApp.

 

  1. You acknowledge that TSI disclaims any warranty for the Crowdstrike application.

 

  1. This agreement is effective from the date you first use PowerApp and shall continue until termination. TSI may terminate this Agreement immediately if you fail to comply with any of the provisions in this Agreement. Upon termination, all licenses granted by the Agreement shall be immediately terminated. You shall stop all access and use of PowerApp and delete the same from your device. Your agreement and consent to be bound to the provisions of Privacy Policy of PowerApp, which, by their nature continue and survive, will continue to be effective.

 

  1. TSI, its employees, directors, and officers shall not be liable for damages of any kind in case of the failure of CrowdStrike to provide the services it is licensed to provide.

 

  1. TSI, its employees, directors, and officers shall not be made liable for any damages resulting from the use of PowerApp.

 

  1. This agreement, its subject matter, and its form, are governed by Philippine law. In case of any dispute arising out of, or in connection with it, any actions may be filed in Pasig City [AD2] in Metro Manila, which shall have jurisdiction over any such actions, to the complete exclusion of other venues.

 

 

  1. Severability

 

  1. 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.

 

You consent to the entirety of this agreement upon clicking the ‘I AGREE” button.

 

 [AD1]I'm unsure if you should include this. This increases the protection of TSI, but it can be considered unfair.

If you also sell the license to CrowdStrike here, then it might be wise to keep this. But if the persons you transact with have to obtain their license independently, then it would be better if you remove this because you don't it to look like  you have a direct connection with CS if ever it becomes bankrupt.

 [AD2]Or should it be in Pasig considering that TSI is located here?

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