Terms of Service
This is an agreement between you (the Customer) or the entity that you represent (hereinafter “Customer”) and cBizSoft (hereinafter “Customer”) governing your use of cBizSoft’s suite of products including but not limited to cBizOne, SourceFirst, Exelare for Windows, Exelare for Web and Exelare Mobile.
Parts of this Agreement
This Agreement consists of the following terms and conditions (hereinafter the “General Terms”) and terms and conditions, if any, specific to use of individual Services (hereinafter the “Service Specific Terms”). The General Terms and Service Specific Terms are collectively referred to as the “Terms”. In the event of a conflict between the General Terms and Service Specific Terms, the Service Specific Terms shall prevail.
Acceptance of the Terms
You must be of legal age to enter into a binding agreement in order to accept the Terms. If you do not agree to the General Terms, do not use any of our Services. If you agree to the General Terms and do not agree to any Service Specific Terms, do not use the corresponding Service. You can accept the Terms or by actually using the Services.
Limitation of Liability
YOU AGREE THAT CBIZSOFT SHALL, IN NO EVENT, BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER LOSS OR DAMAGE WHATSOEVER OR FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, OR OTHER LOSS ARISING OUT OF OR CAUSED BY YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF CBIZSOFT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT SHALL CBIZSOFT’S ENTIRE LIABILITY TO YOU IN RESPECT OF ANY SERVICE, WHETHER DIRECT OR INDIRECT, EXCEED THE FEES PAID BY YOU TOWARDS SUCH SERVICE.
You agree to indemnify and hold harmless cBizSoft, its officers, directors, employees, suppliers, and affiliates, from and against any losses, damages, fines and expenses (including attorney’s fees and costs) arising out of or relating to any claims that you have used the Services in violation of another party’s rights, in violation of any law, in violations of any provisions of the Terms, or any other claim related to your use of the Services, except where such use is authorized by cBizSoft.
Subject to the terms of service and usage, grants Customer a non-exclusive, non-transferable, non-assignable right and license to access and use cBizSoft’s suite of products including but not limited to cBizOne, SourceFirst, Exelare for Windows, Exelare for Web and Exelare Mobile .
Restrictions on Use
In addition to all other terms and conditions of this Agreement, you shall not: (i) transfer the Services or otherwise make it available to any third party; (ii) provide any service based on the Services without prior written permission; (iii) use the third party links to sites without agreeing to their website terms & conditions; (iv) post links to third party sites or use their logo, company name, etc. without their prior written permission; (v) publish any personal or confidential information belonging to any person or entity without obtaining consent from such person or entity; (vi) use the Services in any manner that could damage, disable, overburden, impair or harm any server, network, computer system, resource of cBizSoft; (vii) violate any applicable local, state, national or international law; and (viii) create a false identity to mislead any person as to the identity or origin of any communication.
Spamming and Illegal Activities
You agree to be solely responsible for the contents of your transmissions through the Services. You agree not to use the Services for illegal purposes or for the transmission of material that is unlawful, defamatory, harassing, libelous, invasive of another’s privacy, abusive, threatening, harmful, vulgar, pornographic, obscene, or is otherwise objectionable, offends religious sentiments, promotes racism, contains viruses or malicious code, or that which infringes or may infringe intellectual property or other rights of another. You agree not to use the Services for the transmission of “junk mail”, “spam”, “chain letters”, “phishing” or unsolicited mass distribution of email. We reserve the right to terminate your access to the Services if there are reasonable grounds to believe that you have used the Services for any illegal or unauthorized activity.
We respect your right to ownership of content created or stored by you. You own the content created or stored by you. Unless specifically permitted by you, your use of the Services does not grant cBizSoft the license to use, reproduce, adapt, modify, publish or distribute the content created by you or stored in your user account for cBizSoft’s commercial, marketing or any similar purpose. But you grant cBizSoft permission to access, copy, distribute, store, transmit, reformat, publicly display and publicly perform the content of your user account solely as required for the purpose of providing the Services to you.
Customer shall be responsible for all activities that occur under Customer’s User accounts. Customer is responsible to maintain the security and confidentiality of all User usernames and passwords. cBizSoft is entitled to treat all communications that are identified by means of such usernames and passwords as authorized by Customer. Customer shall notify CBizSoft immediately of any unauthorized use of any Service username or password or account or any other known or suspected breach of security.
Suspension and Termination
We may suspend your account or temporarily disable access to whole or part of any Service in the event of any suspected illegal activity, Non-payment of license fees, extended periods of inactivity or requests by law enforcement or other government agencies. Objections to suspension or disabling of accounts should be made to firstname.lastname@example.org within thirty days of being notified about the suspension. We may terminate a suspended or disabled account after thirty days. We will also terminate your account on your request.
This Exelare software contains functionality and/or components, hereinafter referred to as “Sovren Materials”, licensed from Sovren Group, Inc., hereinafter referred to as “Sovren”. Licensee may not use the Sovren Materials directly, nor outside of this software, nor redistribute it in any form or forum to any other person or entity for any reason.
Licensee may not:
(i) reverse engineer, decompile, decode, decrypt, disassemble, or in any way derive Source Code from the Sovren Materials or from the resulting information derived from Licensee’s Use of the Sovren Materials;
(ii) examine the Sovren Materials with debugging, memory inspection, or disk inspection tools;
(iii) distribute, sublicense, rent, lease or loan the Sovren Materials to any third party or grant any third party access to or Use of the Sovren Materials;
(iv) transmit an electronic copy of the Software by any means;
(v) modify, copy or make derivative works based on any part of the Sovren Materials; or
(vi) use the Sovren Materials in the operation of a system whose purpose is to sell, provide or distribute resume parsing (or the results of resume parsing in any machine-readable format) to third parties.
(a) License Keys. The Exelare software requires License Keys in order to function. Licensee acknowledges that such License Keys are required in order to use the Exelare software and that the inclusion of such License Keys is not to be construed as malicious code or a “time bomb.” Licensee understands that the License Keys provided by Sovren are to be regarded as Trade Secrets of Sovren, and Licensee will hold the License Keys in strict confidence and not publish or redistribute them.
(b) Software Database. The license granted herein does not contain a license to use the Sovren databases and taxonomy integrated into the Exelare software (collectively, the “Sovren Database”) except in connection with Licensee’s use of the Software on a candidate-by-candidate basis only, and only as a consequence of using the Exelare software. Licensee understands that the Sovren Database is to be regarded as a Trade Secret of Sovren, and is not to be reverse engineered in whole or in part by any means nor for any purpose. For the avoidance of doubt, Licensee’s use of the Sovren Database is licensed solely as a runtime version limited to use by Licensee solely in support of Licensee’s use of the Exelare software hereunder.
cBizSoft, cBizSoft logo and Exelare logo the names of individual Services and their logos are trademarks of CBIZSOFT, INC. You agree not to display or use, in any manner, the cBizSoft trademarks, without cBizSoft’s prior permission.