EDGEVERVE SYSTEMS LIMITED, together with its affiliates and subsidiaries (collectively "EDGEVERVE") have created, own, and operate AssistEdge Discover ( hereinafter referred to as "AE Discover”). The EDGEVERVE AE Discover allows you ("You" or "User”) to use AE Discover and downloading and installation of AE Discover by you shall mean you accept the terms and conditions mentioned herein.
EDGEVERVE may modify the TOU time to time and new terms shall replace this TOU. If the terms of the TOU change, EDGEVERVE may provide notice, which may include, but is not limited to notice provided through the EDGEVERVE website. However, it shall be Your responsibility to monitor AE Discover for any update in the terms of TOU. Except where prohibited by law, updates to the TOU will apply once the changes have been posted or notice has otherwise been given. Changes to the TOU will, however, not apply retroactively. If You do not agree to changes made to the TOU, You must discontinue your use of the affected AE Discover. This TOU applies only to the AE Discover made available by EDGEVERVE under this TOU regardless of whether other software is referred to or described herein
AssistEdge Discover Sensor is a nonintrusive utility which will capture your interactions with multiple applications on-demand.
AssistEdge Discover Insights Hub is a place where you review and manage the individual transactions of task recorded by you. The task map generated by AI engine would be visible here.
Term means usage of all functionalities of AE Discover for a period of six months from the date of sign up.
You may install AE Discover Sensor on your machine. The setup of a functional hardware and software environment for the AE Discover Sensor is solely your responsibility, including backup of your information.
Subject to this TOU, EDGEVERVE hereby grants you a personal, royalty-free, non-assignable, non-commercial and non-exclusive, limited license to use AE Discover during the Term. Under this TOU, You are
- permitted to record on-demand your interactions with different applications, review the transactions, and generated task map,
- permitted to use AE Discover only for internal evaluation, and
- not permitted to use AE Discover in a real-time setting for organization or commercial daily operations.
AE Discover Sensor enables You to record your task steps (your interactions with applications) on-demand, automatically send these recorded data securely to AE Discover Insights Hub at every 10 minutes, review the transactions and the generated task map at AE Discover Insights Hub to evaluate AE Discover at Your discretion.
The Discover Sensor. will record Your interactions with underlying applications when You click on "start recording" until you "pause" or "stop" it. It shall not be capturing screenshots of Your actions. It automatically identifies password fields and shall not capture the underlying values entered by You while using any application. The generic sensitive information (like email ID, mobile number, SSN, credit card etc.) shall be masked during data capture. Any form of typed information by You will be hashed across all applications.
You retain all intellectual property rights in the User Content (the recorded data), to the extent it does not include any EDGEVERVE proprietary material and You will be solely responsible for the User Content or its use. Sharing or usage of User Content on other websites, forum or any other similar public platform shall not in any way deem to be or signify Your association with EDGEVERVE or AE Discover and You shall be solely liable for any third party intellectual property rights infringement arising out of Your use of AE Discover for such User Content.
The use of AE Discover is non-commercial in nature, that is, your use must not be intended for or directed towards commercial advantage or monetary compensation. You shall not:
- copy, alter, merge, modify, translate, adapt, develop versions, create derivative works upgrade, improve or extend features/functionalities of AE Discover components, or of any portion thereof;
- decompile, disassemble, decrypt or reverse engineer AE Discover components;
- remove or modify any proprietary markings, legends or restrictions which are in AE Discover;
- distribute, transmit, display, perform, publish, assign, transfer, rent, lease, or sell the AE Discover.
- use or modify AE Discover or any of its components to operate in a service bureau, managed service provider or commercial hosting services environment or by combining or incorporating it with other software (including cloud based) to provide services to third parties;
- modify AE Discover, incorporate it into or with other software, or create a derivative work of any part of the software (your modification of the AE Discover will breach this TOU, and such derivative work will be owned entirely by EDGEVERVE and you hereby assign and agree to assign to EDGEVERVE all right, title and interest to the derivative work);
- use AE Discover to infringe or violate the rights of any other party or violate any laws, contribute to or encourage infringing or otherwise unlawful conduct, access, tamper with or use non-public areas of EDGEVERVE systems or other AE Discover users;
- use AE Discover in any manner that could damage, disable, overburden, or impair any EDGEVERVE server, or Application.
- attempt to gain unauthorized access to AE Discover, computer systems or any EDGEVERVE server, through hacking, password mining or any other means.
- obtain or attempt to obtain any materials or information through any means not intentionally made available through AE Discover.
7. NO LICENSE FEE AND NO MAINTENANCE
EDGEVERVE does not charge any license fees to try limited functionalities of AssistEdge Discover Trial under this TOU. EDGEVERVE will not provide any maintenance services in connection to the AE Discover Trial during the term of this TOU.
This TOU is effective from the day You install AE Discover Sensor (“Effective Date”) until the end of the Term. EDGEVERVE may, in its sole discretion, at any time terminate this TOU, discontinue providing access to AE Discover or further limit functionality. You agree that EDGEVERVE may, in its sole discretion, at any time, terminate or limit Your access to, or use of, any or all of the AE Discover. In the event You are in material breach of the TOU, your rights under this TOU shall automatically terminate without any notice and EDGEVERVE may, at its sole discretion, suspend or terminate Your access, and refuse You for any current or future use of AE Discover without notice. EDGEVERVE shall not be liable to You or any third party for any such suspension or termination.
Upon termination, You will stop using AE Discover and its components, and uninstall AE Discover Sensor and destroy all copies. EDGEVERVE may require you to provide written confirmation of the destruction or deletion of the materials.
You agree not to reproduce any Confidential Information to which You are provided access through AE Discover in any form except as authorized at the time of disclosure. Any reproduction of Confidential Information shall remain the property of EDGEVERVE or the third party that has prepared such information and shall contain any and all confidential or proprietary notices or legends which appear on the original. You agree to (a) take all reasonable steps (defined below) to keep all Confidential Information strictly confidential; (b) to use Confidential Information solely as authorized at the time of disclosure and (c) not to disclose any Confidential Information to any party without the prior written consent of EDGEVERVE or the third party that has prepared such information. You do not acquire any rights in Confidential Information except the limited rights as described herein. In no event shall You use Confidential Information to create, enhance, modify, rent, lease, loan, sell, distribute or create derivative works based on AE Discover, or compete with EDGEVERVE Software or AE Discover in whole or in part. As used herein, ‘Confidential Information' shall mean all trade secrets, intellectual property rights, and other information EDGEVERVE or third parties protect against unrestricted disclosure to others which is (i) either labeled Confidential and accessed through a restricted or non-public area of forum.assistedgerpa.com or pursuant to software downloads, or (ii) reasonably identifiable as confidential based on the type of information and the manner of its disclosure. As used herein ‘reasonable steps' means those steps You and/or Your Company take to protect Your own Confidential Information, which shall not be less than the industry standard of care.
Before You can use AE Discover, You have to provide EDGEVERVE with certain information, which may include personally identifiable information, such as Your name and your email address ("Personal Data”). By providing EDGEVERVE with Personal Data, You expressly agree that EDGEVERVE may collect, use, store and otherwise process Your Personal Data for the purpose of providing You with access to AE Discover and related activities and communications in which you agree to participate.
You are responsible for and agree to provide EDGEVERVE with complete, true, and current information, including Personal Data, and to keep Your Personal Data accurate and up to date. You can always correct or update Your Personal Data. Furthermore, You may request information about Your Personal Data stored with EDGEVERVE, or the correction (in case the relevant Website is not allowing You to correct or update your information), or deletion of Your Personal Data by contacting the Security Admin of Your organization or reach out to us at email@example.com
. Please note that if You request the deletion of your Personal Data, You might not be able to further access and use AE Discover.
You understand and agree that EDGEVERVE collects, uses, stores and otherwise processes Your Personal Data and may share such data with third party service providers for the purposes of improving or providing access to AE Discover subject to EDGEVERVE's Privacy Statement. You further expressly agree to and permit EDGEVERVE to access any associated data related to Your usage of AE Discover including timestamps, task recordings through AE Discover Sensor, activities on AE Discover Insights Hub, error information/logs and any other information related to AE Discover.
‘Intellectual Property Rights' means patents of any type, design rights, utility models or other similar invention rights, copyrights, trademarks, service marks, trade secret or confidentiality rights, and any other intangible property rights including applications for any of the foregoing, in any country, arising under statutory or common law or by contract and whether or not perfected, now existing or hereafter filed, issued, or acquired.
All Intellectual Proprietary Rights to any EDGEVERVE Software, AE Discover, EDGEVERVE Materials belongs to EDGEVERVE. Nothing in this TOU shall be deemed to give You the right to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative words from, transfer, or sell any EDGEVERVE Software, AE Discover any EDGEVERVE Materials for any reason, unless otherwise expressly permitted by the TOU or by law. You hereby agree to assign and do assign to EDGEVERVE (and EDGEVERVE accepts such assignment) any modifications or derivative works of any EDGEVERVE Software, AE Discover, and EDGEVERVE Materials made by You in contravention of this limitation without remuneration of any kind.
AE Discover is the copyrighted work of EDGEVERVE. Unauthorized copying, distribution, modification, public display, or public performance of copyrighted works, including AE Discover, is an infringement of the EDGEVERVE rights.
YOU AGREE TO COMPLY WITH THE TERMS OF THE EDGEVERVE COPYRIGHT NOTICE AVAILABLE ON ASSISTEDGE DISCOVER.
You represent and warrant that: (a) You will use AE Discover, in strict accordance with this TOU and with all applicable laws and regulations (including without limitation any local laws or regulations, state, city, or other governmental area, regarding online conduct and acceptable content; (b) have the full right and authority to enter into this TOU; and that (c) none of the User Content (e.g. task recordings, task maps etc.) transmitted, uploaded or otherwise distributed by You (or Your partners or any third party acting on Your behalf) through use of the AE Discover will infringe or otherwise conflict with the rights of any third party.
EDGEVERVE may issue updates to the AE Discover("Updates").
AE Discover contains components of other software, including open source software, which are the property of their respective owners and are licensed under their respective licenses specified on Third Party Licenses section on EDGEVERVE website, as updated from time to time. If You use certain features of the AE Discover in conjunction with third party data, products, services, and platforms, then You are responsible for complying with the terms and conditions required by such third-party providers, and all such use is at Your own risk.
You agree to indemnify and hold EDGEVERVE, its affiliates, subsidiaries, officers, agents, partners, employees, and licensors harmless from any claim or demand, including reasonable attorney's fees, made by any third party due to or arising out of Your usage of AE Discover, Your breach of this TOU, any additional legal terms, or EDGEVERVEs Privacy Statement, Your unauthorized use of any EDGEVERVE-owned Intellectual Property, or Your alleged violation of any other rights of a third party.
To the maximum extent permitted by applicable law AE Discover (including any OSS or third party software available at (https://www.edgeverve.com/component-list/assistedge-discover/)
is being provided to You “AS IS” without warranties, conditions, representations or guaranties of any kind, either expressed, implied, statutory or otherwise, including but not limited to, any implied warranties or conditions related to hidden defects, satisfactory quality, fitness for a particular purpose, non-infringement or ability to integrate the software with other products. EDGEVERVE does not warrant the operation of the AE Discover components will be uninterrupted, error free or that will protect against all possible threats or other failures. You bear the entire risk for selecting the software, results, quality and performance of the use of the AE Discover components, including if the AE Discover components prove defective.
No oral or written information or advice given by an authorized representative shall create a warranty and you assume responsibility for the installation of, use of, and results obtained from, the AE Discover. For the avoidance of any doubt, under no circumstances EDGEVERVE may be liable for any claims, losses, judgments, awards, costs, expenses, damages and liabilities (including reasonable attorneys' fees) of any kind and nature that may be asserted, granted or imposed against, directly or indirectly, arising from or in connection to any of the Automation Definition Outputs, Your Content or Your use of AE Discover. This section will survive the termination of the license.
Statements and explanations on AE Discover and Content in promotional material or on AE Discover and/or documentation are made for explanatory purposes only; they are not meant to constitute any guarantee or warranty of certain features. No warranty or undertaking shall be implied by a User from any published EDGEVERVE description of or advertisement except to the extent EDGEVERVE has expressly confirmed such warranty or undertaking in writing. Warranties are validly given only with the express written confirmation of EDGEVERVE management.
To the maximum extent permitted by applicable law, in no event and under no legal theory shall EDGEVERVE AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS be liable to you or any other person for any general, direct, indirect, special, incidental, consequential, cover or other damages of any character arising out of this TOU or the use of or inability to use the AE Discover components, including but not limited to loss of data, loss of profits, loss of assignments, service down time, data leaked through logs, analytics, audit or any other data or output from the AE Discover components being rendered defective, failure of the AE Discover components to operate with any other programs, server down time, damages for loss of goodwill, business interruption, computer failure or malfunction, or any and all other damages or losses of whatever nature, even if AE Discover has been informed of the possibility of such damages.
EDGEVERVE will not be liable or responsible in any way for any User Content posted on any public form and linked from AE Discover, including, but not limited to, any errors or omissions in Content, or for any losses or damage of any kind incurred as a result of the use of or reliance on any Content or other material accessed on or through AE Discover and made available by a third party.
The following applies if You access AE Discover from outside the European Union:
New York law will govern this TOU without giving effect to any principles of conflicts of laws. You hereby waive, to the fullest extent permitted by applicable law, any right You may have to a trial by jury in any legal proceeding directly or indirectly arising out of or relating to this TOU. You also agree to comply with all applicable export control laws as set forth under the ‘EXPORT CONTROL’ Section below which are applicable to the transmission of data on the Internet, including, but, not limited to laws governing the use of encryption and laws governing the transmission of data across international boundaries, into prohibited countries, and containing personally identifiable information.
The following applies if You access AE Discover from within the European Union:
The laws of Germany will govern this TOU without giving effect to any principles of conflicts of laws.
For any dispute arising out of or relating to this TOU (if the parties do not reach a settlement within 60 days), the parties consent to personal jurisdiction in, and the exclusive venue of, the courts situated in New York, US, for users outside European Union, or Germany for users within European Union, provided however, EDGEVERVE will have the right to pursue claims against You in any other jurisdiction worldwide to enforce its rights under this TOU.
Your confidentiality obligations hereunder shall survive termination of this TOU. Upon any termination of this TOU, or EDGEVERVE’s written request, You must cease use of Confidential Information, and/or AE Discover, and return or destroy all Confidential Information in Your possession or control.
You shall not assign this TOU or any of the rights granted herein.
The failure of EDGEVERVE to exercise or enforce any right or provision of this TOU shall not constitute a waiver of such right or provision. To the extent that any provision in this TOU shall be found to be invalid or unenforceable, such provision shall be modified in such a manner so as to make this TOU as modified, legal and enforceable under applicable laws and the balance of the provisions of this TOU shall not be affected thereby.
The TOU represents the entire arrangement between the Parties in respect of its subject matter and supersedes all prior agreements, understandings or arrangements (both oral and written) relating to its subject matter. No collateral agreements have been made.
AE Discover may not be accessed or used by any national or certain countries or groups against which the United States and/or European Union have instituted sanctions (including Iran, Cuba, North Korea, Syria and Sudan), Specially Designated Nationals, and other proscribed persons who are listed on the Denied Parties list. Further restrictions apply to any end user who will utilize AE Discover in the design, development or production of nuclear, chemical or biological weapons, or rocket systems, space launch vehicles, and sounding rockets, or unmanned air vehicle systems; or any end user who has been prohibited from participating in the US and/or EU export transactions by any agency of the US government or European Union.
Due to technical uncertainties preventing verification of the identity and ultimate point of access by any person attempting to access or use AE Discover, Your access of AE Discover, including the presentment of any authorized user ID or other information, constitutes Your express representation that (1) the person attempting access thereunder is not a national of any such sanctioned country or group or a Specially Designated National, and (2) is not included on such Denied Parties list, 3) has not been prohibited from participating in US and/or EU export transactions; 4) such use is not restricted, and (5) that, as an Authorized User, You have not disclosed or provided unauthorized access to any such person. Users shall be fully liable and subject to prosecution to the full extent of the law for any violations of this paragraph.
The following applies if You access AE Discover from outside the United States and European Union:
The following applies if You access AE Discover from within the United States:
You agree that Your use of AE Discover, or any Content will be in compliance with U.S. export control laws and executive orders. The information provided on and through an AE Discover may be deemed in some cases to be controlled technology and subject to the export control restrictions of the United States and other jurisdictions.
IT IS YOUR OBLIGATION TO VERIFY AND COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS OF THE UNITED STATES AND OF THE COUNTRY FROM WHICH YOU ARE ACCESSING ASSISTEDGE DISCOVER.