CLAVIN on AWS

The CLAVIN service and libraries are now running on Amazon Web Services. For information about Support of this service, and the End User Licensing Agreement (EULA), please read below.

Support For CLAVIN

FROM THE EULA BELOW: Berico may provide limited email support services, as specified below, related to the SaaS, and will use reasonable efforts to investigate reported problems with the SaaS within a reasonable amount of time. Support requests should be sent to clavin_aws@bericotechnologies.com. The amount of email support Berico will make available to you at no additional charge is based on the manner in which you use the SaaS, as follows:

    • Hourly subscriptions: Up to 10 minutes of support per paid on-demand hour via email/chat.
    • Monthly subscriptions: Up to 8 hours of support per paid month via email/chat/phone.

At your request, Berico may agree to provide additional support beyond these hourly/monthly options to you at our current hourly rates.

End User License Agreement (EULA)

Last update: April 10th, 2015

IMPORTANT: READ CAREFULLY BEFORE ACCESSING OR USING THIS SERVICE.

By registering for an account or accessing the CLAVIN Software-as-a-Service (“SaaS”), you (“you” or “You”, or “Customer”), are agreeing to comply with and be bound by the terms of this agreement (“Agreement”). This Agreement is a legal contract between you and Berico Technologies, Inc. (“Berico”) for the SaaS. If you do not agree to be bound by this Agreement, do not complete the account registration process or attempt to access the SaaS.

TERMS AND CONDITIONS

1. Limited Purpose Access Grant. Subject to Customer’s continuing compliance with the terms and conditions contained in this Agreement, Berico hereby grants to Customer, beginning on the date Customer first accesses the SaaS (the “Effective Date”) and during the term specified in Section 2, a limited, personal, non-exclusive, non-transferable, non-assignable, non-sublicensable, right and license to access and use the functions and features of the SaaS as made available via Amazon Web Service (AWS), solely for Customer’s internal business purposes.

2. Restrictions on Use. Customer shall not (and shall not allow any third party to) (i) decompile, disassemble, reverse engineer or otherwise attempt to derive the source code of any software used as part of the SaaS or to reveal any trade secrets embodied by the SaaS; (ii) provide, lease, lend, use for timesharing or otherwise use or allow others to use the SaaS to or for the benefit of third parties; (iii) remove any product identification, copyright notice or other proprietary legend from the SaaS; (iv) use the SaaS as part of a multi-tenant configuration.

3. Government Use. The SaaS and its components are “commercial items” as defined at 48 C.F.R. 2.101, consisting of “commercial computer software” and “commercial computer software documentation” as such terms are used in 48 C.F.R. 12.212. Any use of the SaaS by any government entity is prohibited except as expressly permitted by the terms of this Agreement.

4. Updates to the SaaS. You acknowledge that Berico may update or modify the SaaS from time to time, and at its sole discretion (each instance, an “Update”). You are required to implement and use the most current version of the SaaS. Updates may adversely affect the manner in which you access or use the SaaS.

5. Term; Termination. This Agreement and the license rights granted hereunder shall remain in effect for the term ordered and paid for by Customer unless earlier terminated as set forth herein. Without prejudice to any other rights Berico may have, this Agreement shall terminate immediately, without prior or written notice, if you fail to comply with any of the terms and conditions of this Agreement or if you violate any of Berico’s published policies for use of the SaaS. In the event of termination of this Agreement for any reason, all rights granted hereunder automatically revert to the granting Party and all licenses shall cease.

6. Support. Berico may provide limited email support services, as specified below, related to the SaaS, and will use reasonable efforts to investigate reported problems with the SaaS within a reasonable amount of time. Support requests should be sent to clavin_aws@bericotechnologies.com. The amount of email support Berico will make available to you at no additional charge is based on the manner in which you use the SaaS, as follows:

  • Hourly subscriptions: Up to 10 minutes of support
  • Monthly subscriptions: Up to 8 hours of support
  • Yearly subscriptions: Up to 72 hours of support

At your request, Berico may agree to provide additional support to you at then-current hourly rates.

7. Proprietary Rights. Customer acknowledges that Berico and its licensors own all right, title and interest in and to the materials and intellectual property that comprise the SaaS, including all intellectual property rights relating thereto. Berico does not grant to Customer any other right or license, either express or implied, in the SaaS or any of its components except as expressly stated in this Agreement, and Customer’s use of the SaaS shall be subject to the restrictions set forth in this Agreement.

8. Confidentiality. You may be given access to certain non-public information, software, and specifications relating to the SaaS (“Confidential Information”), which is confidential and proprietary to Berico. You may use this Confidential Information only as necessary in exercising your rights granted in this Agreement. You may not disclose any of this Confidential Information to any third party without Berico’s prior written consent. You agree that you will protect this Confidential Information from unauthorized use, access, or disclosure in the same manner that you would use to protect your own confidential and proprietary information of a similar nature and in no event with less than a reasonable degree of care.

9. Compliance with Laws; Export Control. Customer shall comply with all applicable laws and regulations regarding Customer’s access to and use of the SaaS, including export control laws and regulations. The SaaS is intended to be accessed and used from within the U.S. Customer is solely responsible for compliance with all applicable laws and regulations when accessing or using the SaaS while outside the U.S.

10. WARRANTY DISCLAIMER. THE Saas IS PROVIDED “AS IS,” ”WHERE IS,” WITH ALL FAULTS. BERICO DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES OR CONDITIONS ARISING OUT OF THIS AGREEMENT, COURSE OF DEALING OR USAGE OF TRADE. BERICO DOES NOT WARRANT THAT THE SaaS WILL BE ERROR-FREE OR UNINTERRUPTED, THAT IT WILL MEET ANY OF YOUR REQUIREMENTS, OR THE RESULTS OF TEXT EXTRACTION USING THE SaaS.

11. LIMITATIONS OF LIABILITY. CUSTOMER ASSUMES THE ENTIRE RISK OF USING THE SaaS, INCLUDING ANY DAMAGE TO PERSONAL OR INTANGIBLE PROPERTY. BERICO HAS NO LIABILITY FOR ANY DEFECTS IN THE SaaS OR FOR ANY RESULTS OBTAINED OR NOT OBTAINED THROUGH USE OF THE SaaS. IN NO EVENT WILL BERICO OR ITS SUPPLIERS BE LIABLE TO YOU OR ANY END USERS FOR ANY CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, INDIRECT OR SPECIAL DAMAGES, OR FOR ANY LOSS OF OR DAMAGE TO USE, DATA, BUSINESS, GOODWILL OR PROFITS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT. IN ANY CASE, BERICO’S AGGREGATE LIABILITY FOR ANY AND ALL CLAIMS UNDER THIS AGREEMENT WILL NOT EXCEED $1,000 OR THE TOTAL AMOUNT OF FEES PAID BY CUSTOMER TO BERICO DURING THE ONE-YEAR PERIOD PRECEDING THE OCCURRENCE OF THE EVENT GIVING RISE TO THE LIABILITY, WHICHEVER IS GREATER. THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY REGARDLESS OF WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT THE LIABLE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. INSOFAR AS APPLICABLE LAW PROHIBITS ANY LIMITATION ON LIABILITY HEREIN, THE PARTIES AGREE THAT SUCH LIMITATION WILL BE AUTOMATICALLY MODIFIED, BUT ONLY TO THE EXTENT NECESSARY TO MAKE THE LIMITATION COMPLIANT WITH APPLICABLE LAW. THE PARTIES AGREE THAT THE LIMITATIONS ON LIABILITIES SET FORTH HEREIN ARE AGREED ALLOCATIONS OF RISK AND THAT SUCH LIMITATIONS WILL APPLY NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

12. Indemnification. You shall defend Berico against any and all actions, demands, claims and suits (including without limitation product liability claims), and indemnify and hold Berico harmless from any and all liabilities, damages and costs (including without limitation reasonable attorneys’ fees) to the extent arising out of any of the following: (i) your use of the SaaS in any manner that is inconsistent with this Agreement; (ii) the performance, promotion, sale or distribution of your services; and (iii) your breach of this Agreement. In the event of a claim for which Berico seeks defense or indemnification from you, Berico will give you written notice of the claim, allow you to control its defense and settlement, and provide reasonable cooperation and assistance to you, upon your request and at your expense. Berico reserves the right to participate in the defense and settlement of claim, using its own counsel and at its own expense, and the right to approve any settlement of the claim, which approval will not be unreasonably withheld.

13. Feedback. If you provide any suggestions, ideas, improvements, modifications, feedback, error identifications or other information related to the SaaS or any other Berico products, offerings or services (“Feedback”), Berico may freely use, disclose and exploit such Feedback without restriction or compensation, including to improve the SaaS and to develop, market, offer, sell and provide other products and services.

14. Updates to this Agreement. Berico may update or modify this Agreement or applicable Berico policies from time to time at its sole discretion by posting the changes on this site or by otherwise notifying you (such notice may be via email). You acknowledge that these updates and modifications may adversely affect how you access or use the SaaS. Your continued access or use of the SaaS will constitute your binding acceptance of such updates and modifications. If any change is unacceptable to you, your only recourse is to discontinue all use of the SaaS. In such event, if you have prepaid subscription fees for a period longer than you have used the SaaS, Berico will refund the prepaid fees allocable to the unexpired portion of your subscription period.

15. Governing Law and Disputes. This Agreement will be governed by and construed in accordance with the laws of the Commonwealth of Virginia without regard to conflicts of law rules or principles. All claims arising out of or relating to this Agreement will be brought exclusively in the federal or state courts sitting in Fairfax County, Virginia, and you consent to personal jurisdiction in those courts. Despite the foregoing, you agree that money damages would be an inadequate remedy for Berico in the event of a breach or threatened breach of a provision of this Agreement protecting Berico’s intellectual property or Confidential Information, and that in the event of such a breach or threat, Berico, in addition to any other remedies to which it is entitled, is entitled to such preliminary or injunctive relief (including an order prohibiting Customer from taking actions in breach of such provisions), without the need for posting bond, and specific performance as may be appropriate. The parties agree that neither the United Nations Convention on Contracts for the International Sale of Goods, nor the Uniform Computer Information Transaction Act (UCITA) shall apply to this Agreement, regardless of the states in which the parties do business or are incorporated.

16. Miscellaneous. This Agreement constitutes the entire agreement between Berico and Customer with respect to its subject matter, superseding all other prior or contemporaneous communications or understandings between the parties (whether written or oral) relating to the subject matter of this Agreement. The provisions of this Agreement will be deemed severable, and the unenforceability of any one or more of its provisions will not affect the enforceability of any other provision. If any provision is determined to be invalid or unenforceable by a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the remaining provisions of this Agreement will remain in full force and effect. Customer may not assign or otherwise transfer this Agreement or any of the rights that it grants, without the prior written consent of Berico, and any purported assignment in violation of the preceding sentence will be void and will constitute a breach of this Agreement. This Agreement will be binding upon the parties’ respective successors and permitted assigns. No failure or delay by a party in exercising any right, power or remedy will operate as a waiver of that right, power or remedy, and no waiver will be effective unless it is in writing and signed by the waiving party. Any provision of this Agreement that imposes or contemplates continuing obligations on a party will survive the expiration or termination of this Agreement, including but not limited to the provisions with respect to protection of Confidential Information, limitations of liability, indemnification, compliance with applicable laws and regulations, and this paragraph.

Revision History:
April 6, 2015 – Version 1.0 – Initial Release.