AURIGO MASTERWORKS ENTERPRISE SOFTWARE SUBSCRIPTION SERVICE: TERMS OF USE FOR THIRD PARTY SOFTWARE, THIRD PARTY SERVICES & RELATED WEBSITES

Pursuant to the applicable Aurigo Masterworks Online Services agreement between Customer and Aurigo, the following Terms of Use govern your access to and use of any Third Party Website related to Third Party Software and Third Party Services, as well as any Third Party Software and Third Party Services, which may or may not be used through the Aurigo Masterworks Online Services.  These Terms of Use supplement those terms and conditions required by the provider of Third Party Software and Third Party Services for your use of, and access to, such Third Party Software and Third Party Services and their related websites.  By downloading or otherwise accessing Aurigo Masterworks Online Services, you agree to the following:

Definitions

  • “Customer” or “you” means the individual or entity that has entered into an Aurigo Masterworks Enterprise Software Subscription Service Agreement (the “Agreement”).
  • “Aurigo” means Aurigo Software Technologies Inc. or its Affiliates.
  • “Service” means the Aurigo Masterworks Online services (including pre-release services and Add-on Services) and software, including any updates, upgrades, support, and content (e.g., audio and visual information, documents) contained or made available to Customer by Aurigo in the course of using the Service.
  • “Third Party Software” and “Third Party Services” mean software and services provided by a third party to Customer (which may or may not be used through the Aurigo Masterworks Online Service), that are subject to additional terms and conditions between the third party and Customer associated with Customer’s use of such software and services.  Customer must maintain an active Aurigo Masterworks cloud subscription in order to use the Aurigo Service with any Third-Party Software or Services.

“Third Party Software” and “Third Party Services” do not include software or services embedded in the Aurigo Masterworks Online Service, or provided to Customer by Aurigo as part of the Aurigo Masterworks Online Service, that are necessary for Customer’s use of the Aurigo Masterworks Online Service.

  • “Third Party Website” means any website belonging to a third party related to Third Party Software and/or Third Party Services.

Acceptance of Terms

Third Party Software and Third Party Services may be appropriate or necessary for use with the Aurigo Masterworks Online services. Aurigo may provide the Customer with access to a variety of such Third Party Software and Third Party Services, which shall be subject to additional terms and conditions set forth in an agreement between the third party and Customer associated with Customer’s use of such software and services.

Websites related to the Third Party Software or Third Party Services will also have separate terms and conditions of use between the third party and Customer.  When Customer chooses to access any such Third Party Website, Customer will also be subject to the Aurigo Terms of Use contained in this document, and Customer agrees to follow and be bound by these terms.

Disclaimer of Content and Warranties Related to Third Party Websites

Any links to Third Party Websites or content are provided by Aurigo solely as a convenience to Customer. Aurigo has not reviewed any Third Party Websites and does not control, and is not responsible for, any of these sites or their content. Aurigo does not endorse or make any representations about them, or any information, software, services, or other products, sweepstakes or materials found therein, or any results that may be obtained from using them.

If you decide to access any Third Party Websites provided through the Aurigo Service, or decide to use any Third Party Software or Third Party Services, or decide to participate in any offerings provided by Third Party Websites pursuant to links provided by Aurigo, you do this entirely at your own risk. Aurigo disclaims any warranty associated with Third Party Websites.

Release of Claims

By accessing any Third Party Website, or using any Third Party Software or Third Party Services, Customer agrees that Aurigo will not be liable for any claims arising out of Customer’s use of any such Third Party Website, Third Party Software or Third Party Services, including but not limited to, claims pertaining to privacy, performance, availability, or data integrity.

IN NO EVENT WILL AURIGO, ITS SUBSIDIARIES OR AFFILIATES, BE LIABLE FOR ANY DAMAGES OR CLAIMS ARISING OUT OF CUSTOMER’S USE OF A THIRD PARTY WEBSITE, THIRD PARTY SOFTWARE, OR THIRD PARTY SERVICES.  THIS LIMITATION OF LIABILITY EXCLUDES ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF ANY THIRD PARTY WEBSITE, OR THE THIRD PARTY SOFTWARE, THIRD PARTY SERVICES, OR ANY OTHER INFORMATION OR MATERIALS CONTAINED AT ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IF YOUR USE OF THE THIRD PARTY SOFTWARE, THIRD PARTY SERVICES, OR ANY OTHER INFORMATION OR MATERIALS  FROM A THIRD PARTY WEBSITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF.

Indemnity

Customer agrees to indemnify and hold Aurigo and its subsidiaries, affiliates, shareholders, officers, directors, agents, licensors, suppliers, alliance members, other partners, employees and representatives harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Customer’s use of any Third Party Website, Third Party Software or Third Party Service, Customer’s violation of any Third Party rights, or Customer’s violation of these Terms of Use.  This indemnity does not apply if the Customer is the U.S. Government.

Export Laws

Information, software, services, materials, tools, and data delivered or contained on Third Party Websites, or as part of any Third Party Software or Third Party Services may be subject to U.S. export controls or the trade laws of other countries.  Customer is solely responsible for compliance with all export control regulations and acknowledge that they have the responsibility to obtain such licenses to export, re-export or import as may be required. Aurigo makes no representation that any information, software, services, materials, tools, and data contained in, or associated with, Third Party Websites, Third Party Services or Third Party Software are appropriate or available for use outside the United States.

General

Aurigo may update these Terms of Use at any time without notice by updating this posting. You should visit this page from time to time to review the then-current Terms of Use because they are binding on you.

Updated: May 07, 2020

 

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