BOMGAR WAIVER AGREEMENT
PLEASE REVIEW THESE TERMS OF USE AND TERMS OF SERVICE CAREFULLY. BY CLICKING "ACCEPT" OR BY CONTINUING TO USE THISAPPLICATION, YOU, INDIVIDUALLY AND AS AN AUTHORIZED OFFICER OF YOUR COMPANY AGREE TO THE TERMS OF USE SET FORTHBELOW.
Terms of Use
1. Bomgar Corporation proprietary software (the "Bomgar Software") has been or is about to be downloaded to your computer to allow a remote control session
between Apple Inc. (“Apple”) and a computer or computers on your network. By clicking "ACCEPT", you are authorizing Apple to download the Bomgar Software
to your computer and you understand that Apple will have partial or fully unrestricted access to gain access to this computer or computers on your network as well as
their contents on your network. Apple will then be able to transfer files with or without additional authorization from you. If you are in any way unsure about theidentity, technical ability or trustworthiness of Apple about to download the Bomgar Software and do not wish Apple to have access to your computer, click "DO
NOT ACCEPT".
2. This Agreement does not grant any rights to you in the Bomgar Software and you agree not to use, copy, modify, enhance, merge, reverse engineer, reverse
assemble, decompile, or in any way alter the Bomgar Software or any copy, adaptation, transcription, or merged portion thereof or otherwise attempt to derive sourcecode therefrom. You also hereby acknowledge and agree that Bomgar Corporation may verify the use of the Bomgar Software through online verification
procedures, which may include support session time logging. In addition, you acknowledge that the Bomgar Software provides for trouble support notification toBomgar Corporation in the event of a Bomgar Software failure.
3. EXCEPT AS DESCRIBED UNDER SECTION 1 OF THE TERMS OF SERVICE BELOW, IN NO CIRCUMSTANCES SHALL BOMGAR CORPORATION,ITS AFFILIATES, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, AGENTS EMPLOYEES, CONTRACTORS ORLICENSORS (THE "BOMGAR PARTIES") BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL,CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING WITHOUT LIMITATION SYSTEM DAMAGE, OR LOSS OF DATA,PRIVACY, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, (i) THE
DOWNLOADING OF THE BOMGAR SOFTWARE ONTO YOUR COMPUTER, (ii) THE REMOTE CONTROL SERVICES PROVIDED BY THEOPERATOR(S), (iii) ANY INTERRUPTION TO USE OF THE REMOTE CONTROL SERVICE, OR (iv) ANY CONTENT OBTAINED FROM OR THROUGHTHE REMOTE CONTROL SERVICE, EVEN IF THE BOMGAR PARTY(IES) FROM WHICH DAMAGES ARE SOUGHT HAVE BEEN PREVIOUSLYADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
4. Any dispute, claim, or controversy in connection with or arising under the use of the Bomgar Software or this Agreement, its construction, existence,interpretation, validity, or any breach hereof which cannot be amicably settled between the parties, shall be finally and exclusively resolved by arbitration under theRules of Arbitration of the American Arbitration Association then prevailing. The parties agree that the dispute shall be resolved using one arbitrator unless theparties agree to a greater number of arbitrators. The arbitrator shall apportion the costs of the arbitration equally but may award or order reimbursement of legal feesand expenses in the manner deemed fair and equitable by the arbitrator. The arbitration proceedings shall be held in Jackson, Mississippi, U.S.A. and shall be subject
to the terms of this Agreement, the intentions of the parties as stated herein, international commercial practice, and the governing law of this Agreement. The award
in arbitration shall be final and binding, and judgment upon award may be entered in any court having jurisdiction or application may be made for judicial acceptanceof the award and an order of enforcement. If it becomes necessary for either party to enforce an arbitral award by legal action or additional arbitration or judicial
methods, the party against whom the award is ultimately enforced shall pay all reasonable costs and attorney's fees incurred by the party in enforcing the award. Theforegoing terms shall not apply to claims made against Apple in connection with an existing technical support agreement, including the AppleCare Protection Plan.
5. THE PARTIES HEREBY EXPRESSLY WAIVE ANY RIGHT TO TRIAL BY JURY OR CLASS TREATMENT OF ANY CLAIM, DEMAND, ACTION ORCAUSE OF ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE BREACH THEREOF, PROVIDED THAT NOTHING IN THISAGREEMENT SHALL PRECLUDE A PARTY FROM SEEKING TO COMPEL ARBITRATION IN A STATE OR FEDERAL COURT OF COMPETENTJURISDICTION. THE LAWS OF THE STATE OF MISSISSIPPI SHALL GOVERN THIS AGREEMENT.
IMPORTANT NOTE: The BOMGAR Software product includes certain software originating from third parties that is subject to their own terms and conditions.
Please refer to http://www.bomgar.com/enterprise-clients/support/mac/CustomerCopyrightMacWin.htm to view the terms of the relevant licenses regarding yourrights under said licenses.
Terms of Service REMOTE ACCESS TECHNICAL ASSISTANCE FROM APPLE INC. (“APPLE”) IS PROVIDED ON THE FOLLOWING BASIS:
1. APPLE’S LIABILITY AND THE LIABILITY OF ITS SUPPLIERS SHALL BE LIMITED TO THE TOTAL VALUE OF THE APPLE REMOTE ACCESSTECHNICAL SUPPORT, NOT TO EXCEED THE LIMITATION OF LIABILITY IN YOUR CURRENT APPLECARE PROTECTION PLAN AGREEMENT.
YOUR CURRENT APPLE TECHNICAL SUPPORT AGREEMENT OR IF YOU HAVE NO APPLE TECHNICAL SUPPORT AGREEMENT, $50 PERINCIDENT.
2. ALTHOUGH APPLE CANNOT GUARANTEE THAT THE PROVISION OF APPLE REMOTE ACCESS TECHNICAL SUPPORT WILL RESOLVE YOURISSUE, APPLE WILL MAKE REASONABLE EFFORTS TO PERFORM SUPPORT SERVICES IN A PROFESSIONAL MANNER. TO THE EXTENTPERMITTED BY LAW, THE EXPRESS WARRANTY AND REMEDIES SET FORTH HEREIN ARE EXCLUSIVE AND IN LIEU OF ALL OTHERWARRANTIES, REMEDIES AND CONDITIONS, WHETHER ORAL OR WRITTEN, STATUTORY, EXPRESS OR IMPLIED. AS PERMITTED BYAPPLICABLE LAW, APPLE SPECIFICALLY DISCLAIMS ANY AND ALL STATUTORY OR IMPLIED WARRANTIES, RELATED TO OR ARISING INANY WAY OUT OF THESE TERMS, INCLUDING ANY IMPLIED WARRANTY OR MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE.
EXCEPT AS PROVIDED ABOVE, IN NO EVENT SHALL APPLE HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL ORCONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, LOSS OF DATA, LOSS OF USE OR EQUIPMENTOR FACILITIES, OR INTERRUPTION OF BUSINESS, ARISING IN ANY WAY OUT OF THESE TERMS AND CONDITIONS UNDER ANY THEORY OFLIABILITY, WHETHER OR NOT APPLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.