Use of the Service. Only Customer-designated employees and contractors (each, a “Customer User”) are authorized to use the Service. Customer will only use the Service for recruiting purposes. Customer will use the Service solely for Customer’s internal use and will not provide access to the Service to any third party, except as otherwise permitted in the Agreement. Customer will notify SoloStar immediately upon learning of any unauthorized use of the Service or any other breach of security relating to the Service. Customer (a) will designate in writing one Customer User for each seat it purchases; (b) will promptly provide to and maintain with SoloStar accurate contact information for each Customer User; and (c) will not, and will not permit a Customer User to, share a Customer User’s access to the Service with any other individual. In the event a Customer User ceases employment, takes any type of leave or vacation, or transfers work function, Customer may transfer the Customer User’s seat to a different Customer User. SoloStar reserves the right to limit the number of transfers of each seat. SoloStar may, in its sole discretion, change, modify, upgrade or discontinue any aspect or feature of the Service in whole or in part.
Customer and Customer Users may not (i) copy or reproduce profile or other data by automated means (including crawlers, plugins, or other scraping mechanisms), (ii) rent, lease, loan, trade, sell, or re-sell access to the Service or any related information or data, (iii) override any security feature of the Service, (iv) use the Service to harass, abuse, or harm others, or (v) use the Service to violate intellectual property rights of others, including patents, trademarks, trade secrets, copyrights, or other proprietary rights. Customer shall only use the Service in a manner that complies with any and all applicable laws in the jurisdictions in which Customer uses the Service.
User Contacts. The Service allows Customer Users to upload email addresses and other contact information (“User Content”) by linking an email and contacts account with the Service. By uploading User Content, Customer and Customer Users allow (i) SoloStar to use that User Content to operate and improve the Service and (ii) other SoloStar users to view and share the User Content.
End User License. The SoloStar browser extension (the “Software”) may be downloaded in connection with the use of the Service. Upon downloading the Software, and during the term of this Agreement, SoloStar grants Customer a non-exclusive, non-transferable license to use the Software for recruiting purposes subject to the terms of the ToU. Title, ownership and all rights (including without limitation intellectual property rights) in and to the Software shall remain with .SoloStar Customer may not create derivative works of the Software, use the Software for any purpose other than as described herein, reproduce the Software in a manner inconsistent with this provision or the ToU, sell, assign, license, disclose, distribute or otherwise transfer or make available the Software or any copies of the Software in any form to third parties, alter, translate, decompile, reverse assemble or reverse engineer the Software, or attempt to do any of the foregoing, or remove or alter any proprietary notices or marks on the Software, except to the extent any such prohibition is not permitted by applicable law.
The Software is provided with restricted rights. Use, duplication, or disclosure by the U.S. Government is subject to the restrictions as set forth in subparagraph (c)(1)(iii) of DFARS 252.227-7013 (The Rights in Technical Data and Computer Software) or subparagraphs (c)(1) and (2) of 48 CFR 52.227-19 (the Commercial Computer Software - Restricted Rights), as applicable.
Handling of Personal Data. If Customer uploads or otherwise provides SoloStar with Personal Data (defined below) in connection with its use of the Service (“Customer Personal Data“), then SoloStar, in providing the Service, processes Customer Personal Data on behalf of Customer. Customer is the controller of Customer Personal Data and SoloStar will process Customer Personal Data (i) in accordance with applicable Data Protection Laws (defined in section 2.3); (ii) in compliance with the written instructions received from Customer including, as applicable, sub-processing as necessary; and (iii) only for the purpose of providing, supporting and improving the Service, using appropriate technical and organizational security measures. “Personal Data“ means information about an individual that (a) can be used to identify, contact or locate a specific individual; (b) can be combined with other information that is linked to a specific individual to identify, contact or locate a specific individual; or (c) is defined as “personal data” or “personal information” by applicable laws or regulations relating to the collection, use, storage or disclosure of information about an identifiable individual.
Compliance with Laws. The parties will comply with all applicable international, federal, state, provincial and local laws relating to (a) corruption practice, bribery, and acts contrary to the public administration including the US Foreign Corrupt Practices Act of 1977, 15 U.S.C. § 78dd-1, et seq.; (b) discrimination against employees or job applicants based on race, color, religion, sex, national origin, veteran status or disability. and (c) the privacy, confidentiality, security and protection of Personal Data including the EU Data Protection Directive 95/46/EC as amended and as implemented in the various European Economic Area countries or any similar and applicable legislation enacted outside of the European Economic Area and security breach notification laws (“Data Protection Laws“).
No right, title or interest in any intellectual property right transfers to the other party, except for the limited rights stated in the Agreement. Customer is not obligated to provide SoloStar or its Affiliates with any suggestions, enhancement requests, or other feedback about the Service or related technology. However, if Customer does provide any feedback to SoloStar, SoloStar may use and modify it without any restriction or payment.
The Service is provided “as is”. SoloStar makes no representation or warranty about the Service including any representation that the Service will be uninterrupted, error-free, accurate, or that it will meet your requirements. To the fullest extent permitted under applicable law, SoloStar disclaims any implied or statutory warranty, including any implied warranty of title, non-infringement, merchantability or fitness for a particular purpose.
The Agreement is governed by the laws of the State of California and any action or proceeding related to the Agreement will be brought in a federal court in the Northern District of California. Each party irrevocably submits to the jurisdiction and venue of the applicable courts. The prevailing party in any litigation may seek to recover its legal fees and costs.