END-USER LICENSE AGREEMENT FOR Grunt Add-ln for Microsoft PowerPoint
Please read this End-User License Agreement ("AGREEMENT") carefully before downloading, installing or using Grunt Add-In for Microsoft PowerPoint.
Grunt Pro is a Visual Studio Tools for Office (hereafter "VSTO COM") Add-in for Microsoft PowerPoint. As such, an installation of Microsoft PowerPoint with a valid license is a requirement to run Grunt Pro.
Grunt Pro is currently supported on Microsoft Windows 8.1 and newer with Microsoft PowerPoint 2016 and newer, and on newer versions of Mac. As a VSTO COM Add-in, Grunt Pro does not work on web-based versions of Microsoft Office; an installed version of Microsoft Office is required. Grunt Pro works optimally on Windows 10 and newer and on macOS 11 and newer.
These terms of service ("Terms of Service") form a legal agreement between the Customer and Grunt. By installing, copying, or otherwise using the Software, the Customer agrees to be bound by these terms.
The Terms of Service are equally binding to the User the Customer has given authorization. If the Customer or User does not agree to the Terms, they shall not install or use the Software. The Software is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Software is licensed, not sold.
The Software is licensed as follows:
Grunt grants the Customer a non-exclusive, non-transferable right, limited to the duration of the Agreement, to authorize Users to install and use copies of the Software. The authorization by the Customer of a User to install and use copies of the Software represents a single License. As such, a License grants the User the right to install and use the Software on their Personal Computers. Use of the Software by any persons other than the authorized User on their Personal Computers is prohibited.
The Software may only be used for Customer's internal business processes and in accordance with these Terms of Service and the Engagement Letter.
Licenses are managed by Administrators. Such Administrators are designated by the Customer. The Customer may give each Administrator the privilege to purchase, assign, reassign, unassign and cancel licenses. Grunt will set up Administrators at the request of the Customer.
Administrators may provide User accounts to any individual within its organization, including but not limited to employees, consultants, and contract workers. Each User is assigned unique login credentials that can only be used by the individual appointed by Customer. Customer and its Users cannot share login credentials with other individuals or authorize access for third parties unless expressly allowed in this Agreement.
Customer is obliged to provide correct and complete information about each User and/or Administrator upon registration of the user account and to update this information to keep it accurate and complete. An Administrator can reassign a License from one User to another User. The Administrator does this by logging into Grunt at www.grunt.pro/login. Each License may be reassigned a maximum of two times per year.
You may make copies of the Software as may be necessary for backup and archival purposes.
Grunt understands and acknowledges that the Customer will have the right to, among other things: (a) manage, modify, maintain, and update pre-existing data and information; and (b) generate, manage, modify, maintain and update additional data and information using the Software. The Data will be treated as confidential information, and the Customer will retain all right, title and interest in and to all Data.
All intellectual property rights in and to the Software, including but not limited to software, copyright, content, trademarks, and all other materials, are owned by Grunt or its suppliers and licensors. All title and intellectual property rights in and to the content which may be accessed through use of the Software is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. The Customer is not granted any rights to the Service other than the license right in clause 3.
Grunt will defend and hold harmless the Customer against substantiated third-party claims towards Customer alleging that the use of the Software infringes that third party's intellectual property rights. However, Grunt has no liability for claims or losses to the extent the alleged infringement is due to the Customer modification of the Software, use in a manner not consistent with the instructions or documentation of the Software, use of the Software in combination with other services or products, or otherwise use inconsistent with the nature of the service or breach of these Terms of Service.
The Customer warrants that all content being uploaded, transferred, stored, created, and processed on the Software is owned by Customer or is otherwise lawfully used, does not violate any third parties' rights (including IPR), and does not violate any applicable laws or these Terms of Service. The Customer grants Grunt the right to access, process, transfer and disclose the Content in order to provide the Software, and to comply with any request from a governmental or public authority required by law.
Grunt acknowledges and agrees that the Customer has the exclusive right, title, and interest in and to all its copyrights, patents, trade secrets, trademarks, trade names, service marks, logos, program and event names, identifications, and other proprietary rights and privileges. These Terms of Service and its various provisions are not a license or assignment of any right, title, or interest in the Intellectual Property by the Customer to Grunt. Grunt will not, in any manner, represent that it has any ownership or other interest in the Customer's Intellectual Property. Grunt will not do or cause to be done anything that impairs the Customer's exclusive license in the Intellectual Property. Grunt will not use, print, or duplicate the Intellectual Property unless Grunt has obtained prior written approval from the Customer. Any permitted use by Grunt of the Intellectual Property is limited to the term of this Agreement. Upon the expiration or termination of this Agreement, or upon request of the Customer, Grunt will immediately cease all use of the Intellectual Property.
You must not remove or alter any copyright notices on any copies of the Software.
The Customer shall not itself or allow third parties to modify, distribute or make derivative works based on the Software.
The Customer shall not itself or allow third parties to reverse engineer, decompile, or disassemble the Software, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
The Customer shall not itself or allow third parties to rent, lease, lend, sell, sublicense or otherwise transfer the Software to any third parties.
Grunt may provide you with support services related to the Software ("Services"). Any supplemental software code provided to you as part of the Services shall be considered part of the Software and subject to the Terms of Service.
The User's License is required to be periodically validated against Grunt's servers. The Software is however designed to function offline for a limited amount of time to allow for travel or other work without an Internet connection. Validation is performed on startup of the Software. If no such validation is successfully performed, the Software will stop working until a successful validation has been performed. The data that is transferred to Grunt's servers during License validation is required for validating the License and is explained in the Data Policy.
The Software may be configured to operate in one of two separate states:
The Software contains features that may request media (such as images, text, and electronic data) and other similar resources where such requests sometimes pass through Grunt's servers. An example of such a feature is the "Logo rule", which allows the User to search for company logos by text strings such as company or brand names. The execution of such requests is considered part of the Software. In the case of the aforementioned "Logo rule", Grunt cultivates, caches and filters image files to improve the performance and quality of the feature. However, Grunt does not store or monitor data that would make it possible to correlate such search strings with the individual User or Customer.
In addition to License validation (which requires data to be sent to our servers), Grunt generally collects two separate categories of data from the individual User:
Each of these two categories may optionally be turned off per a custom agreement between Grunt and the Customer. See the associated Grunt Data Policy for details about these data collection categories.
You must comply with all applicable laws regarding use of the Software.
Unless otherwise stated in the Agreement, your subscription renews automatically every term unless a cancellation is submitted via email to support@grunt.pro at least sixty (60) calendar days prior to the end of your current subscription term.
The Subscription Term and renewal is set out in the Engagement Letter. Without prejudice to any other rights, Grunt may terminate these Terms of Service with immediate effect and without notice if you fail to comply with the Terms of Service. In such event, you must destroy all copies of the Software in your possession.
Following the initial subscription term, the subscription fee will be subject to an automatic price adjustment of 5% per renewal term. Any additional price increases beyond this annual adjustment must be communicated in writing by Grunt at least 90 days prior to the renewal date, to allow for review and acceptance before the next subscription term.
Grunt expressly disclaims any warranty for the Software other than those set out in clause 3 above. The Software is provided "As Is" without any express or implied warranty of any kind, including but not limited to any warranties of merchantability, or fitness of a particular purpose. Grunt AS does not warrant or assume responsibility for the accuracy or completeness of any information, text, graphics, links, or other items contained within the Software.
Grunt AS makes no warranties respecting any harm that may be caused by the transmission of a computer virus, worm, time bomb, logic bomb, or other such computer program. Grunt AS further expressly disclaims any warranty or representation to Users or to any third party.
Notwithstanding the above, Grunt AS represents and warrants that:
Grunt hereby assigns to the Customer all assignable warranties, representations, covenants and indemnities granted to Grunt by third parties in the Software, or any components thereof, and all remedies for breach of such warranties, representations, covenants and indemnities. To the extent that Grunt is not permitted to assign any of such protections to the Customer, Grunt will enforce such protections on behalf of the Customer to the extent Grunt is permitted to do so under the terms of the applicable third-party agreements.
In no event shall Grunt, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:
Grunt shall not be liable for any damages, losses, or expenses resulting from cyber incidents, including but not limited to data breaches, cyber-attacks, or any other form of unauthorised access or use of your data or systems, which Grunt did not detect or mitigate. While Grunt strives to provide comprehensive cybersecurity solutions, no service can guarantee complete detection or prevention of all cyber threats. As such, the responsibility for maintaining the security of your data and systems, including the implementation of adequate defensive measures beyond the Service, remains with you, the user.
Each party's aggregated liability to the other party under these Terms of Service is limited to the sum paid by the Customer in the previous twelve months prior to the event the loss occurred.
The limitations of liability set forth above do not apply to a party's:
These Terms of Service and any separate agreements whereby we provide you the Software shall be governed by and construed in accordance with the laws of Norway, without regard to its conflict of law provisions. Any disputes arising out of or in connection with these Terms of Service or the use of the Software shall be subject to the exclusive jurisdiction of Oslo District Court.
Grunt shall have the right to change, add and remove functionality in and to the Software, at Grunt's sole discretion. We reserve the right, at our sole discretion, to modify or replace these Terms of Service at any time. By continuing to access or use our Software after any revisions become effective, you agree to be bound by the revised terms.
If any provisions in these Terms of Service are deemed invalid or unenforceable, the remaining provisions will remain in full effect. Failure by Grunt to enforce any right or provision will not constitute a waiver of such right or provision.