THIS IS AN AGREEMENT BETWEEN YOU OR THE ENTITY THAT YOU REPRESENT (hereinafter "You" or "Your") AND JOGET INC. ("JINC") GOVERNING YOUR USE OF JINC'S JOGET WORKFLOW ON-DEMAND ("JWOD"), A SERVICE THAT ALLOW USERS TO DEVELOP AND HOST APPLICATIONS ("Applications") USING THE JOGET WORKFLOW PLATFORM.

THESE APPLICATIONS MAY BE FOR YOUR OWN USE OR LICENSED BY YOU TO YOUR CLIENTS THAT MAYBE INDIVIDUALS OR BUSINESS ENTITIES ("Customers")

IF YOU DO NOT AGREE TO THE TERMS OF USE AND TERMS OF SERVICE, DO NOT PROCEED.

Terms of Service:

- That you agree to be charged a monthly, quarterly or yearly fee for the use of JWOD. Your subscription will be automatically renewed at the end of each subscription period unless you inform JINC that you do not wish to renew the subscription. In the event of termination of the subscription, you will be refunded the subscription fee for the unused portion of the subscription period. JINC reserves the right to change the subscription fee.

- That you warrant that all content, intellectual property rights in and to the Applications developed, published or imported by you are fully licensed or owned by you. You specifically warrant that you have not copied the script or logic for the Application from applications developed by other users.

- You understand that the right to modify the Applications is granted to your Customers by default. If you do not wish to permit the Customers to modify the Applications, you are entirely responsible for entering into a suitable agreement with the Customers. That you are solely responsible for making the license terms of your Applications known to your Customers and for entering into suitable agreements with your Customers in this regard.

- That if you publish your Application with any data, you represent that such data is duly licensed or owned by you. You also understand that by licensing the Application along with data, you grant the Customer a license to use such data.

- You acknowledge that JINC and other users of Joget Workflow software (whether hosted on JWOD or installed on-premise) may develop and post similar or otherwise competing Applications. You agree not to make any intellectual property right infringement claims against JINC or other Developers in respect of similar or competing Applications independently developed by them.

- You agree not to post any Application that may be used for any illegal purpose. You also agree that JINC may remove Applications that violate this condition.

- You agree to provide your Customers the necessary technical assistance and resolve issues with respect to your Applications.

- Governing Law. This Agreement shall be governed by and construed in accordance with the substantive laws of the State of California, United States of America, without regard to principles of conflicts of law. The parties submit all their disputes arising out of or in connection with this Agreement to the exclusive jurisdiction of the Courts of the State of California, United States of America.

- JINC may terminate this Agreement by giving written notice. During such time, you must remove your Applications from JWOD within 45 days of receiving the notice.

- From time to time, the JINC may change the terms of this Agreement. JINC will post the updated Agreement on the JWOD website. Your continued use of JWOD will indicate your agreement to the change.

- YOU AGREE THAT JWOD IS PROVIDED TO YOU BY JINC "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL JINC BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS APPLICATION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

Updated: Jun 1, 2014