Ownership
1. As between KinISO Software and Customer, the Customer retains all rights, title, and interest in and to its Customer Data.
2. As between KinISO Software and KinISO Software’s licensors, KinISO Software or its licensors retain all rights, title, and interest in and to the Service, Documentation, and any other Intellectual Property Rights owned or controlled by KinISO Software.
3. Except for the limited rights expressly granted to the Customer under this Agreement, KinISO Software reserves all rights, title, and interest in and to the Service and Documentation, including all associated Intellectual Property Rights.
4. The Customer hereby grants KinISO Software a royalty-free, worldwide, transferable, sub-licensable, irrevocable, and perpetual license to use or incorporate into its services any suggestions, feedback, enhancement requests, recommendations, or other input provided by the Customer or its Users regarding the Service (“Customer Input”).
5. KinISO Software shall have no obligation to implement or act upon any Customer Input. The Customer is under no obligation to provide Customer Input.
Restrictions
The Customer agrees not to, and shall not permit any third party to:
1. License, sublicense, sell, resell, lease, transfer, assign, distribute, time-share, offer as a service bureau, or otherwise commercially exploit or make any part of the Service or Documentation available to any third party;
2. Modify, copy, or create derivative works based on the Service or Documentation;
3. Knowingly interfere with or disrupt the integrity or performance of the Service or any data contained therein;
4. Provide any protected health information (as defined under HIPAA and HITECH), payment card information, or personally identifiable information not associated with authorized Users (“Highly Sensitive Data”);
5. Attempt to gain unauthorized access to the Service or its related systems or networks;
6. Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, underlying structure, ideas, or algorithms of the Service;
7. Share login credentials among multiple individuals or permit access to the Service by individuals not authorized under this Agreement.
The Customer understands and agrees that the Service is not designed to meet any specific regulatory or security requirements for Highly Sensitive Data. The Customer is solely responsible for evaluating whether the Service satisfies its data handling, privacy, and compliance obligations. The Customer is also responsible for all activity conducted under its Users’ accounts and shall take commercially reasonable steps to prevent unauthorized access to or use of the Service. The Customer shall promptly notify KinISO Software of any such unauthorized access or use.
