This Sift End User License Agreement is an Order Form Supplement for Sift for Microsoft Teams. This Order Form Supplement is between Sift Enterprises, Inc. (“Sift”) and the Sift customer with which you are employed, affiliated, or associated (the "Customer").
This is a legally binding agreement. Please read it carefully. By clicking “I Accept”, or installing or using the Sift for Microsoft Teams software or any updates to such software provided by Sift (the “Software”), you:
If you do not have such authority, are not an authorized user, or do not agree to these terms, you may not install or use the Software.
Microsoft may, at any time and without notice, restrict, interrupt or prevent use of the Software, or delete the Software from your or the Customer’s devices, or require Sift to do any of the foregoing, without entitling the Customer or you to any refund, credit or other compensation from Sift or any third party (including, but not limited to, Microsoft or your network connectivity provider).
This Order Form Supplement was last updated on December 9, 2020. It is effective between the Customer and Sift as of the date you first download, install, or use the Software, whichever is earliest.
If you are an authorized user under a SaaS Service Agreement: This Order Form Supplement is a part of each order form by which the Customer ordered the Sift service (an “Order Form”). The Order Form and this Order Form Supplement are governed by the SaaS Service Agreement. This Order Form Supplement adjusts certain terms of the SaaS Service Agreement, solely with respect to the Software. Capitalized terms used but not defined in this Order Form Supplement have the meanings given to them in the SaaS Service Agreement.
If you are an authorized user under a trial account: This Order Form Supplement is not part of an Order Form and is not governed by a SaaS Service Agreement and this Order Form Supplement is the parties’ entire agreement on this subject and merges and supersedes all related prior and contemporaneous agreements.
The Software, including software embedded in the Software, is licensed, not sold, to the Customer by Sift only under the terms of this Order Form Supplement and, as applicable, the SaaS Service Agreement and the Order Form, and Sift reserves all rights not expressly granted to the Customer. This Software may include some third-party software; please see the documentation for additional notices required by our licensors. The Customer or you own the media or device on which the Software is recorded or stored but Sift retains ownership of the Software itself.
The Software, including software embedded in the Software, is licensed, not sold, to the Customer by Sift only under the terms of this Order Form Supplement and, as applicable, the SaaS Service Agreement and the Order Form, and Sift reserves all rights not expressly granted to the Customer. This Software may include some third-party software; please see the documentation for additional notices required by our licensors. The Customer or you own the media or device on which the Software is recorded or stored but Sift retains ownership of the Software itself.
(a) This Order Form Supplement allows you, as an authorized user, to use the Software on any Supported Device and on no other devices.
(b) You may not distribute or make the Software available over a network where it could be used by multiple devices at the same time.
(c) With respect to updates to the Software that Sift may make available for download, this Order Form Supplement allows you to download such Software updates to update or restore the Software on any Supported Device.
(d) Except as and only to the extent permitted by applicable law, or by licensing terms governing use of open-sourced components included with the Software, neither you nor any other Customer personnel may copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, decrypt, modify, or create derivative works of the Software or Software updates, or any part thereof. Any attempt to do so is a violation of the rights of Sift and its licensors. If you or any other Customer personnel violate this restriction, you or they, and the Customer, may be subject to prosecution and damages.
(e) Neither you nor the Customer may rent, lease, lend, redistribute, or sublicense the Software.
(f) The Software is available only for Supported Devices, and is not available for all devices.
Please check www.justsift.com or contact your Sift representative to determine whether a specific device is supported by the Software.
(g) Without limiting the generality of anything herein, you acknowledge and agree that the Software may collect user or device data for the purposes of providing services or functions that are relevant to use of the Software.
Sift may terminate this Order Form Supplement at any time upon 30 days' notice to the Customer without cause, or immediately upon notice to the Customer if any third party (including, but not limited to, Microsoft, or your network connectivity provider) restricts, prevents or ceases to authorize the installation or use of the Software on your Supported Device or over your network. In addition, this Order Form Supplement shall terminate immediately and automatically upon any termination or expiration of the Customer's subscription to the Sift service. Upon any such termination or expiration, the Customer (including you) shall no longer be permitted to use the Software, and shall delete or destroy all copies of the Software in its (including your) possession.
Termination of this Order Form Supplement shall not entitle the Customer to any refund, credit, or other compensation from Sift or from any third party.
Any service level agreement in effect between the Customer and Sift shall not apply to the Software.
From time to time, Sift may provide the Customer with temporary and limited access to the Sift service for trial use without the execution of any Order Form or a SaaS Service Agreement. If you are installing or using the Software as an authorized user under a trial account, then for such Software: (a) the license consists of a non-exclusive trial license to use the Software for 30 days, unless a different period of time is provided in writing by Sift; (b) during the trial period, you may not use the Software for commercial, production, or other non-trial purposes, and (c) you accept the Software on an AS IS BASIS WITHOUT ANY WARRANTY WHATSOEVER. Either party upon written notice to the other may cancel the trial period.
(a) Subject to third-party terms to which Sift may be subject, you understand and agree that the functionality of the Software may in some circumstances include the sending of push notifications to you on your Supported Device that are related to the operation of the Software, the underlying services, or other communications about Sift.
(b) This Order Form Supplement is between the Customer and Sift only, and not with Microsoft.
(c) The Customer represents and warrants that (i) the Software will not be downloaded or used in, or transported to, a country that is subject to a U.S. Government embargo, or has been designated by the U.S. Government as a "terrorist-supporting" country, and (ii) neither the Customer nor any user is listed on any U.S. Government list of prohibited or restricted parties.
(d) To the extent that any third-party terms are applicable when using the Software, each user must comply with such terms when using the Software.
v1.0.0 - Dec 2020