MANAGEENGINE MARKETPLACE TERMS OF USE

MANAGEENGINE MARKETPLACE, A SERVICE THAT CONNECTS DEVELOPERS AND CUSTOMERS OF MANAGEENGINE APPLICATIONS, IS PROVIDED TO YOU BY ZOHO CORPORATION (HEREINAFTER CALLED “ZOHO”), ACCORDING TO THE FOLLOWING TERMS AND CONDITIONS . USE OF MANAGEENGINE   MARKETPLACE SIGNIFIES YOUR ACCEPTANCE OF THE TERMS OF USE. IF YOU DO NOT AGREE TO THE TERMS OF USE, DO NOT PROCEED.

THE SERVICE

ManageEngine Marketplace is   an online marketplace for integrated IT management products and downloadable software applications that inter-operate with applicable   ManageEngine   Products.

Developers of business applications (“Developers”) post   the   applications developed by them   in   ManageEngine   Marketplace . The posted business applications can be licensed and  used   by persons   in conjunction   with their use of   ManageEngine   Products   (“Customers”).   ManageEngine   Marketplace also enables Customers to request for business applications by posting requirements. Zoho may add features   to   ManageEngine   Marketplace in order to enhance interaction between Developers and Customers through the service.

POSTING OF APPLICATIONS

The following terms apply to you if you, a Developer, post applications developed by you on ManageEngine Marketplace: 

  1. You represent and warrant that all intellectual property rights in and to the applications posted by you are duly licensed or owned by you. You specifically warrant that you have not copied the application from applications developed by other Developers. 
  2. You are solely responsible for making the license terms of your applications known to Customers and for entering into suitable agreements with Customers in this regard. 
  3. 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 an application along with data, you grant the Customer a license to use such data.
  4. You agree not to use irrelevant tags, descriptions and screenshots for applications posted by you on ManageEngine Marketplace. 
  5. Zoho may feature your applications in the list of featured applications. Listing and removal of your applications from the list of featured items shall be at the sole discretion of Zoho. Zoho may remove your applications from the list of featured applications for reasons including, but not limited to, negative review and poor rating. 
  6. Zoho may feature you as top developer in the list of top developers. Listing and removal of your name from the list of top developers shall be at the sole discretion of Zoho. Zoho may remove your name from the list of top developers for reasons including, but not limited to, negative review and poor rating. 
  7. You understand that Zoho’s personnel will have access to applications shared for the purpose of providing technical support to you. You agree that Zoho may use information retained in human memory without intentional memorization or saving in written form (“Residuals”) by Zoho’s personnel as a result of access to such shared applications. 
  8. You acknowledge that Zoho and other Developers may develop and post similar or otherwise competing applications.You agree not to make any intellectual property right infringement claims against Zoho or other Developers in respect of similar or competing applications independently developed by them. Zoho and other Developers may use Residuals resulting from access to your application other than by way of obtaining a paid license. 
  9. You agree to provide Customer the necessary technical assistance and resolve issues with respect to your applications. This obligation will survive termination of your ManageEngine Marketplace account or removal of your application from ManageEngine Marketplace. 
  10. You agree not to post any application that may be used for any illegal purpose. You also agree that Zoho may remove applications that violate ManageEngine Marketplace Terms of from ManageEngine Marketplace. 

POSTING REQUIREMENTS, VIEWING DEMO, INSTALLING AND USING APPLICATIONS 

    1. The following terms apply to you if you, a Customer, install, use or view demo of applications posted on ManageEngine Marketplace or post your requirement for applications: 
    2. You understand that Zoho does not endorse the skill or ability of any Developer or the quality of any application posted on ManageEngine Marketplace. You are solely responsible for determining the fitness of the applications for your purpose. 
    3. Zoho does not warrant that applications posted on ManageEngine Marketplace will be free from intellectual property right infringement claims. However, this disclaimer of warranty does not apply to applications posted by Zoho on ManageEngine Marketplace. 
    4. You understand that Zoho does not have any kind of affiliation with the Developers. You are required to enter into suitable agreements with the Developers while engaging them for developing applications for you. 
    5. You understand that Zoho’s support obligation does not include providing technical assistance and resolving issues related to the application licensed by you from Developers. You are solely responsible for entering into a suitable support agreement with the Developer. 
    6. You are solely responsible for ensuring the confidentiality of your proprietary and confidential information. In this regard, Zoho recommends that details of your requirement and other confidential information should not be disclosed while submitting the initial request and that such details should be disclosed only after entering into a suitable confidentiality agreement with the Developer. 
    7. You agree not to copy or otherwise distribute the licensed application unless permitted to the contrary by the license granted by the Developer.

    REVIEW AND RATING OF APPLICATIONS

    Zoho permits review and rating of applications posted on ManageEngine Marketplace by persons who have used the applications (“User”). The following terms apply to you if you, a User, submit a review of an application: 

    1. You understand that reviews and ratings should be unbiased. You must disclose your affiliation if you submit a review for your own product or that of a competitor. 
    2. You agree not to post more than one review of an application, unless the subsequent review is necessary as a result of a change in your assessment of the product based on further evaluation.
    3.  Your review should be relevant. You agree not to post any irrelevant, fraudulent, misleading, obscene, insulting, harassing, offensive or otherwise objectionable content in your reviews. You also agree not to post any commercial solicitation or links to irrelevant third-party sites.

    VIOLATION OF TERMS OF USE

    Zoho may suspend or terminate your access to ManageEngine Marketplace or remove the content and/or application posted by you in the event of a violation of the Terms of Use. Zoho also reserves the right to initiate appropriate legal action against you in the event of such violation.

    MODIFICATION OF TERMS OF USE

    Zoho reserves the right to modify ManageEngine Marketplace Terms of Use. In particular, Zoho may require that payments and other interactions between Developers and Customers be routed through ManageEngine Marketplace. Modifications to the Terms of Use are effective upon your use of ManageEngine Marketplace subsequent to publication of such modification.

    LICENSE FOR FREE APPLICATIONS POSTED ON MANAGEENGINE MARKETPLACE

    COPYRIGHT HOLDERS AND CONTRIBUTORS HEREBY GRANT YOU A NON-EXCLUSIVE, NON-TRANSFERABLE, WORLDWIDE LICENSE TO FREELY USE THE APPLICATION WITH OR WITHOUT MODIFICATIONS, SUBJECT TO THE FOLLOWING TERMS:

    1. YOU SHALL NOT COPY, REPRODUCE, DISTRIBUTE OR OTHERWISE COMMERCIALLY EXPLOIT THE APPLICATION.
    2. YOU AGREE THAT THIS APPLICATION IS PROVIDED TO YOU BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "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 THE COPYRIGHT OWNER OR CONTRIBUTORS 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.