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Terms of Use

                  

Terms of Use

Use of Proplanner Services

Below are the terms and conditions under which Proplanner is willing to provide you with access to Proplanner services if: (a) you use the Proplanner services on a free trial basis; (b) you are authorized to access and use the Proplanner services by your employer or other third party who has agreed to pay for your use of the Proplanner services; or (c) you are paying for the Proplanner services with a credit card.  Please note that by continuing the registration process, you are acknowledging that the appropriate set of terms and conditions, as indicated below, will constitute a legally enforceable agreement governing your use of the Proplanner services. To read our NDA policy, click here

Intellectual Property

Intellectual Property

Proplanner regularly provides configuration and accelerated development services to our clients. 

Configuration services can also be performed by Proplanner Partners or even the clients themselves and include everything from Import/Export data interfaces, report templates, work instruction templates or tempates for Time Estimation, Quality Planning, or Ergonomics.  Client funded configuration services are protected under NDA agreements and in some cases perhaps even Copyright law.  In many cases, Proplanner or its partners may charge an ongoing maintenance fee to ensure that these configurations are supported as future Proplanner, Microsoft, and other integrated vendor applications evolve.

Proplanner’s accelerated development services involve modification to the core software application to provide enhanced functionality.  Since Proplanner’s product suite is a Commercial Off The Shelf (COTS) application, any modification which is performed on the application immediately becomes available to all subscribers.  As such, Proplanner retains the IP to all of these enhancements which must be performed in a generic way to enhance the application for all users.  In this case, Proplanner retains the responsibility to maintain these enhancements, and thus no maintenance fees are required, beyond that provided within the standard software subscription price.  Software License, Maintenance, and Support Agreement.

EAR, GDPR, EUGMP

Compliance with U.S. Export Laws

By continuing with the registration process and by using the Proplanner services, you acknowledge and agree:

Your use of the Proplanner Services is expressly made subject to any current and future laws, regulations, orders, or other restrictions regarding export from the United States of software, technical data, or derivatives of such computer software or technical data. You will (i) comply with such laws, regulations, orders or other restrictions and (ii) provide to Proplanner all information reasonably requested by Proplanner to fulfill Proplanner's export obligations under such laws, regulations, orders, or other restrictions.

You are not a citizen or resident of the following countries: Cuba, Iran, Iraq, Libya, North Korea, Sudan, or Syria.

You are not listed on either the United States Treasury Department's List of Specially Designated Nationals, List of Specially Designated Terrorists, or List of Specially Designated Narcotics Traffickers, or the United States Commerce Department's Denied person List.

You will not cause or permit access or use of the Proplanner Services in the design, development, production, stockpiling, use or testing of chemical or biological weapons, weapons of mass destruction or delivery systems (including ballistic missile systems, space launch vehicles, and sounding rockets), unmanned air vehicles systems (including cruise missile systems, target drones, and reconnaissance drones), designed specifically to deliver any of the above chemical or biological weapons, or weapons of mass destruction to their intended targets.

You will not cause or permit access or use of the Proplanner Services in the design, development, production, stockpiling, use or testing of nuclear weapons or nuclear explosive devices or to design, construct, fabricate, operate or construct components for facilities: for the chemical processing of irradiated special nuclear or source material; for the production of heavy water; for the separation of isotopes of source and special nuclear material; or for the fabrication of nuclear reactor fuel containing plutonium.

Proplanner may terminate your use of the Proplanner Services at any time, without notice, in the event that You fail to comply with U.S. export laws, regulations, orders, or other restrictions.

Proplanner Free Trial

Free Trial Use of Proplanner Services

If at any time, you use Proplanner services on a free trial basis, you acknowledge and agree that such free trial use will be governed by each of the following:

You agree to provide Proplanner current, complete, and accurate registration information and to maintain and update the registration information as may be necessary to keep it current, complete and accurate.

You agree that you will not provide your password to any other person or otherwise allow other persons to use the Proplanner services.

Your free trial usage will automatically terminate without notice at the end of the free trial offer period. Proplanner may determine the length of your free trial period in its sole discretion.

You agree to use the free trial period solely for purposes of evaluating your continued use of the Proplanner services for your internal business purposes or as Proplanner may otherwise expressly authorize in writing.  You agree not to use the free trial period for benchmarking or for purposes of competing with the Proplanner services.

A free trial of the Proplanner services does not entitle you to a credit against any other amounts you might owe Proplanner or to a rebate, refund or cash payment of any kind.

In the event that your employer or other third party elects to pay for your ongoing use of the Proplanner services, you agree that you will comply with the terms set out below for "Payment for Proplanner Services by Employer or Other Third Party."

In the event that you continue to use the Proplanner services after completion of a free trial period and pay by credit card, you agree that you will comply with the terms set out below for "Payment for the Proplanner Services by Credit Card."

Form of Payment for Proplanner Services

Payment for Proplanner Services by Employer or Other Third Party

If at any time, your employer or other third party elects to purchase Proplanner services for your use, you acknowledge and agree that your use of the Proplanner services will be governed by each of the following:

Your employer or other third party that has authorized you to use the Proplanner services (other than any free trial use of the Proplanner services) will be billed for all fees and taxes that are charged to your account.

The terms under which the Proplanner services are made available to you for your use are contained in the agreement entered into by Proplanner and your employer or such other third party as may have agreed to pay for your use of the Proplanner services.

You will comply with all the requirements contained in the agreement entered into by your employer or other third party under which your employer is authorized to provide you with access to and use of the Proplanner services.

Proplanner is making no representation or warranty of any kind to you personally regarding your use of the Proplanner services or the availability and operation of the Proplanner services.

You will comply with the Proplanner Acceptable Use Policy.

Your use of the Proplanner services may be terminated at any time if your employer or other third party does not pay all charges due for your use of the Proplanner services or if you do not use the Proplanner services in accordance with the Acceptable Use Policy.

Payment for Proplanner Services by Credit Card

If at any time, you elect to use the Proplanner services by paying with a credit card, you acknowledge and agree that your use of the Proplanner services will be governed by each of the following:

You authorize Proplanner to charge your credit card one month in advance for all such fees relating to your use of the Proplanner services. Your credit card will be charged on the date you first register for the Proplanner services (the "Billing Date") based on the services selected and subsequently on or about the Billing Date of each succeeding month unless you terminate the Proplanner services in accordance with the terms and conditions of this agreement prior to such date. You also agree you will pay any outstanding balances if your use of the Proplanner services is terminated for any reason.

You agree that you will let Proplanner know about any billing problems or discrepancies within ninety (90) days after you receive the electronic notification of your charges. You agree that if you do not bring them to Proplanner's attention within this ninety (90) day period, you waive your right to dispute such problems or discrepancies. You acknowledge and agree that Proplanner's inability to charge your credit card for any fees owed to Proplanner may result in immediate termination without notice of the Proplanner services provided to you by Proplanner.  If Proplanner is unable to charge your credit card, you agree that you will make payment to Proplanner for any outstanding balances within thirty (30) days of the date on which the fees were owed. Proplanner will assess an additional 1.5% (or the highest amount allowed by law, whichever is lower) per month late charge (due immediately) if your payment is more than 30 days past due.

You acknowledge that the monthly subscription fee you pay does not entitle you to receive all the Proplanner services which might be offered or made available on Proplanner and that certain premium Proplanner services, including, but not limited to, the use of certain third party software applications ("Proplanner services"), may require you to pay additional fees to Proplanner. Information regarding the fees and prices that you will pay for premium Proplanner services will be posted on Proplanner and are subject to change from time to time. You are responsible for all premium Service charges incurred using your password or account and these charges may apply even during a free trial on non-premium Proplanner services.

You acknowledge that some goods and services offered on Proplanner may only be purchased directly from a third party supplier and not from Proplanner. Proplanner may provide you with links or other access to third parties that provide content, goods, and/or services through Proplanner or the Internet. Any separate charges or obligations you incur in your dealings with these third parties are your responsibility and are not part of the fees charged by Proplanner for your use of the Proplanner services.

You acknowledge that Proplanner also has the right to collect applicable taxes and impose surcharges for Proplanner services and these taxes and surcharges may apply even during a free trial.

You will comply with the Proplanner Acceptable Use Policy and the Proplanner Services General Terms and Conditions of Use.

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