By registering and paying for the Anon Paid Evaluation ("Beta Program"), you ("Participant") agree to be bound by these Terms and Conditions ("Terms") which govern the relationship between Anonymity Labs, Inc., a Delaware corporation ("Anon") and Participant.”) shall not be governed by these Terms, but rather by your company’s or organization’s agreement with Anon covering such Anon Products. However, please note that your access to and use of the Site and any Anon Products is also subject to Anon’s Privacy Policy located at anon.com/privacy.
Subject to these Terms, Anon grants Participant a non-exclusive, non-transferable, non-sublicensable right to use the Anon software platform and SDKs for identity and access management (the "Anon Solution") during the Beta Program solely for the Permitted Use, defined as using Anon's SDK for user account authentication, access management, and management of authenticated sessions for Participant's application (the "License").”) shall not be governed by these Terms, but rather by your company’s or organization’s agreement with Anon covering such Anon Products. However, please note that your access to and use of the Site and any Anon Products is also subject to Anon’s Privacy Policy located at anon.com/privacy.
If Participant provides feedback to Anon regarding the Anon Solution ("Feedback"), Anon shall have full discretion on how to use such Feedback. Participant grants Anon a royalty-free right to incorporate Feedback into the Anon Solution.
The Beta Program shall continue until terminated by either party upon thirty (30) days' written notice, or until Anon ends the Beta Program with at least 30 days' notice. Upon termination, Participant must return or destroy all Confidential Information and copies of the Anon Solution. Sections 2 and 5-10 will survive any termination of these Terms.
Participant will pay Anon $100/month during the Beta Program for up to 50 end-users. Above 50 end-users, Participant will pay $1/end-user/month up to a maximum of $500/month. Fees will be invoiced monthly and are due within thirty (30) days of receipt. Payment obligations are non-cancelable and fees are non-refundable.
Anon retains ownership of all rights in the Anon Solution. Participant shall not: (i) use the Anon Solution outside the scope of the License; (ii) reverse engineer or decompile the Anon Solution; (iii) rent, resell, or sublicense the Anon Solution; or (iv) export the Anon Solution in violation of export laws.
"Confidential Information" means any information disclosed by one party to the other hereunder. The receiving party shall: (i) only use Confidential Information to exercise its rights hereunder; (ii) not disclose Confidential Information; and (iii) protect Confidential Information. If the receiving party is required by law to disclose Confidential Information, it shall permit the disclosing party to intervene to protect its interests. Confidential Information does not include information that is publicly known through no fault of the receiving party.
Anon will comply with applicable privacy laws as a processor of information provided by Participant, and as a controller of information received directly from Participant's end users, who will be subject to Anon's Privacy Policy at anon.com/privacy-policy.
NEITHER PARTY WILL BE LIABLE FOR LOSS OF PROFITS, DATA, OR ANY INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR AGGREGATE LIABILITY EXCEEDING THE GREATER OF AMOUNTS PAID TO ANON IN THE PRIOR 12 MONTHS OR $1000, EVEN IF ADVISED OF SUCH POSSIBILITY.
Both Anon and Participant have the right to use each other's logo and trademark solely for marketing purposes associated with the services and product provided under these Terms. Such use shall comply with each other's logo and trademark guidelines.
All notices under these Terms must be in writing and sent by mail, confirmed facsimile, or major overnight courier to the address specified by the recipient.
The parties are independent contractors. These Terms are governed by California law. Neither party may assign these Terms without consent, except Anon may assign to a successor of its assets or business. No waiver or modification of these Terms will be effective unless in a signed writing. These Terms are the entire agreement and supersede any other communications. Unenforceable provisions will be modified to be enforceable.