End User License Agreement for the Accenture HCM Software App Your access to and use of this application ( Application ) is conditioned upon your acceptance of and compliance with this End User License Agreement ( EULA ). By accessing or using this Application you agree to be bound by this EULA and all terms of use provided herein, the terms and conditions of third parties who may be listed elsewhere in this EULA or the Application, applicable agreements between you and your wireless data service provider, and all applicable laws. You acknowledge and agree that this EULA is between you and Licensor only (and not with Apple or any other third party), and that it is your responsibility to inform yourself of all terms and conditions of such third parties, as well as all laws that apply to your use of this Application. Unless otherwise indicated, the content of this Application, including its text and images and the way they are arranged, are the property of Licensor or its affiliates and only Licensor is responsible for the Application and the content thereof. All trademarks used or referred to in this site are the property of their respective owners. You are granted a limited, non-transferable right to use the Application on an Apple-branded product running the Apple ios that you own or control, solely as permitted by the Usage Rules set forth in the Apple App Store Terms of Service. In the event that the terms provided in this EULA are less restrictive than, or otherwise conflict with such Usage Rules, the Usage Rules shall govern. In addition, you must comply with any applicable third party terms of agreement (for example, the terms of your mobile network provider) when using the Application. You may not use this Application for any purpose other than its intended one, and you may not use this Application on any other mobile platform or on an Apple-branded product that you do not own or control. You may not distribute or make the Application available over a network where it could be used by multiple devices at the same time. This Application does not give you, and you may not construe this Application as giving you, any license or right to any copyright, patent, trademark or other intellectual property right or proprietary interest belonging to Licensor or its affiliates, or any sublicense with respect to the foregoing as may belong to a third party. You may not remove, modify or obscure any copyright, trademark or other proprietary notices contained in this Application, and you may not decompile or reverse engineer this Application, or attempt to do so. In addition, you may not rent, lease, lend, sell, copy, reproduce, publish, republish, upload, post, transmit, sublicense, distribute, attempt to derive the source code of, modify or create derivative works of this Application or any of its contents, including its graphic images, audio, video, html code, buttons or text, and any updates to the Application (except as and only to the extent any foregoing restriction is prohibited by applicable law or permitted by the licensing terms governing use of any open source components included in the Application), without the prior written consent of Licensor or its applicable affiliate, which consent may be withheld in its sole discretion. Any attempt to do so is a violation of the rights of Licensor or its applicable affiliate, and may subject you to prosecution and/or damages. The terms of this EULA are applicable to any updates or upgrades to the Application that are provided by or on behalf of Licensor and/or its affiliates, unless such updates or upgrades are accompanied by a separate license in which case the terms of that license will govern.
You agree that Licensor and/or its affiliates may collect and use technical data and related information, including but not limited to technical information about your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to you (if any) related to the Application. Licensor and/or its affiliates may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies. The Application may enable access to third party services ( Services ), and may also display, include or make available content, data, information, applications or materials from third parties or provide links to certain third party web sites ( Third Party Content ). Use of third party services may require Internet access and that you accept additional terms of service. You acknowledge and agree that Licensor and/or its affiliates are not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Content or web sites and do not warrant or endorse and do not assume and will not have any liability or responsibility to you or any other person for any third-party services, Third Party Content or web sites, or for any other materials, products, or services of third parties. Third Party Content and links to other web sites are provided solely as a convenience to you. Licensor has no control over Third Party Content provided through or in connection with the Application. For any issues with respect to such Third Party Content, including without limitation allegations of copyright infringement or misuse, the provider of such content must be contacted directly. You understand that by using any of the Services, You may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. Nevertheless, You agree to use the Services at Your sole risk and that Licensor shall not have any liability to You for content that may be found to be offensive, indecent, or objectionable. In addition, third party Services and Third Party Content that may be accessed from, displayed on or linked to from your mobile device are not available in all languages or in all countries. The Licensor makes no representation that such Services and Materials are appropriate or available for use in any particular location. To the extent You choose to access such Services or Materials, You do so at Your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. The Licensor reserves the right to change, suspend, remove, or disable access to any Services at any time without notice. In no event will the Licensor be liable for the removal of or disabling of access to any such Services. The Licensor may also impose limits on the use of or access to certain Services, in any case and without notice or liability. Licensor and/or its affiliates shall be solely responsible for providing any maintenance and support services with respect to the Application only if agreed by you and such party in a separate written agreement or as required under applicable law. You agree and acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application. Any third parties listed elsewhere in this EULA of Use or the Application and such parties subsidiaries are third party beneficiaries of your agreement and upon acceptance of these terms and conditions by you, such third
parties will have the right (and will be deemed to have accepted the right) to enforce this EULA against you as a third party beneficiary hereof. YOUR ACCESS TO AND USE OF THIS APPLICATION IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THIS APPLICATION AND ITS CONTENTS ARE PROVIDED AS IS AND AS AVAILABLE AND NEITHER LICENSOR NOR ANY OF ITS AFFILIATES MAKE ANY REPRESENTATION OR WARRANTY OF ANY KIND WITH RESPECT TO THIS APPLICATION. EXCEPT AS MAY BE AGREED IN A SEPARATE WRITTEN AGREEMENT, LICENSOR AND ITS AFFILIATES AND PARTNERS MAKE NO WARRANTY AND EXPRESSLY DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES WITH RESPECT TO THE APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE APPLICATION INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND DISCLAIM ALL RESPONSIBILITY FOR THE COMPLETENESS, ACCURACY, AVAILABILITY, TIMELINESS, SECURITY OR RELIABILITY OF THE APPLICATION, THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE OR ERROR FREE BASIS OR THAT DEFECTS WILL BE CORRECTED. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL LICENSOR OR ANY OF ITS AFFILIATES OR ANY OF THEIR OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS, BE LIABLE TO YOU OR ANYONE ELSE FOR PERSONAL INJURY OR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR DATA, GOODWILL OR OTHER INTANGIBLE LOSSES) WITHOUT REGARD TO THE FORM OF ACTION AND WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH THIS APPLICATION, ANY THIRD PARTY CONTENT, INCLUDING CONTENT ON OR ACCESSED THROUGH THIS APPLICATION OR ANY APPLICATION, WEBSITE OR DOCUMENT LINKED TO, OR ANY COPYING, DISPLAYING, OR USE THEREOF. In no event shall Licensor and its affiliates total cumulative liability to you for all damages exceed the amount of $50.00. In the event this Application uses location-based APIs for real-time route guidance, YOUR USE OF THIS REAL TIME ROUTE GUIDANCE APPLICATION IS AT YOUR SOLE RISK. LOCATION DATA MAY NOT BE ACCURATE. Location data provided is for basic navigational purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. Neither the Licensor, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of stock information or location data displayed by any Services. In the event of any failure of the Application to conform to any applicable warranty, as set forth herein, you may notify Apple, and Apple will, if applicable, refund the purchase price for the Application to you, and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Application, and, unless otherwise provided herein, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Licensor s sole responsibility. Except as set forth herein or as permitted by applicable law, Licensor or its affiliates, not Apple, is responsible for addressing any claims by you or any third party relating to the
Application or your possession and/or use of the Application, including, but not limited to: (a) product liability claims; (b) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation. In the event of any third party claim that the Application or your possession and use of the Application infringes that third party s intellectual property rights, Licensor or one of its affiliates will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim. Notwithstanding the foregoing, neither Licensor nor any of its affiliates will be liable to you if such an infringement claim is based on (a) use of the Application in any combination with components not supplied by Licensor; (b) modification of the Application by anyone other than Licensor; (c) use of Application where a non-infringing version or release of the Application which was offered by Licensor would have avoided the claim or infringement; (d) use of any software or materials that belong to third parties (including open source software); or (e) use of the Application in violation of any terms of this EULA. This EULA is effective until terminated by you or by Licensor or its affiliates however, your rights as set forth in this EULA terminate automatically and without notice to you if you fail to comply with the terms set forth herein. Upon termination, you shall stop any and all use of the Application and destroy any copies of the Application. Licensor and its affiliates reserve the right to act immediately and without notice to restrict, suspend, or terminate your use of the Application if it reasonably determines that your conduct may: (a) expose Licensor or its affiliates to sanctions, prosecution, civil action, or other liability; (b) cause harm to or interfere with the integrity or normal operations of Licensor and its affiliates network or networks with which they are interconnected; (c) interfere with another s use of the Application; (d) violate any applicable law, rule, or regulation; or (e) otherwise present an imminent risk of harm to Licensor and its affiliates or their customers. You may not use or otherwise export or re-export the Application except as authorized by United States law and the laws of the jurisdiction in which the Application was obtained. In particular, but without limitation, the Application may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person s List or Entity List. By using the Application, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of nuclear, missiles, or chemical or biological weapons. You represent and warrant that (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a terrorist supporting country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties. The Application and related documentation are "Commercial Items", as that term is 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 or 48 C.F.R. 227.7202, as applicable. Consistent with 48 C.F.R. 12.212 or 48 C.F.R. 227.7202-1 through 227.7202-4, as applicable, the
Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States. If you attempt to bring any legal proceedings against Licensor or its affiliates arising from your use of this Application, you specifically acknowledge and agree that Licensor and such affiliate(s) are free to choose the jurisdiction of their preference as to where such legal proceedings may be held. You agree that this EULA and any legal action or proceeding relating to this Application are governed by the laws of the State of Illinois, without reference to its choice of law rules. Licensor means Accenture Global Services Ltd. Licensor has its principal office located at 3 Grand Canal Plaza, Grand Canal Street Upper, Dublin 4, Ireland. Any questions, complaints or claims with respect to the Application should be directed to AHCMS Sales Back Office, Accenture GmbH, Im Breitspiel 5, 69126 Heidelberg, Germany. hcm.software.sbo@accenture.com.