APPIRIO CES

Welcome to Appirio's Cloud Metrics for Salesforce.com!
This free service will initiate a one-time analysis of your Salesforce environment focusing on potential areas of complexity related to Adoption, Code, Configuration, and User Administration. Once setup, the process will complete within a few days depending on the volume of requests and Appirio will follow up to share the results. For more information on this service please review the details here.
NOTE : This service might be run on Enterprise Edition, Unlimited Edition or Developer Edition Salesforce environments. Professional Edition is not currently supported.

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License Agreement

This License Agreement (the “Agreement”) sets forth the terms and conditions by which you, on behalf of yourself or your company (“you”), are permitted to access and use the Appirio-proprietary Cloud Management Center technology described below and any accompanying information or documentation that is provided to you hereunder by Appirio Inc. (“Appirio”). 

By clicking on the “I Accept” button below, you agree that these terms and conditions apply to you AND THAT, AS APPLICABLE, YOU ARE AUTHORIZED TO ACCEPT THESE TERMS AND CONDITIONS ON BEHALF OF YOUR COMPANY AND TO BIND YOUR COMPANY THEREOF.  If you do not agree to these terms, you are not licensed or permitted to use APPIRIO CLOUD MANAGEMENT CENTER TECHNOLOGY or any other appirio materials.

1.              License Grants.

1.1            Licensed Rights.  Subject to the terms and conditions of this Agreement, Appirio grants to you a limited, revocable, fully paid-up, non-exclusive, non-transferable license to use and access the Appirio-proprietary Cloud Management Center metrics technology (the “Technology”), solely in accordance with the applicable instructions and specifications provided to you by Appirio (the “Documentation”) and the terms and conditions of this Agreement.

1.2            Restrictions. 

(a)             No rights are granted to you to reproduce, modify, make derivative works of, distribute or transmit the Technology. 

(b)             You acknowledge that the Technology and Documentation contain the valuable trade secrets of Appirio; consequently, you agree that you will not cause or permit the reverse engineering, translation, disassembly or decompilation of the Technology except and only to the extent that such activity is expressly permitted by applicable law, and in that case, only if you notify us in writing in advance. 

(c)             The license granted in Section 1.1 is granted solely to you, and one set of user credentials shall be provided to you by Appirio.

(d)             This Agreement permits you to conduct one (1) metrics run through the Technology during the Term. The license granted in Section 1.1 is granted solely for the purposes of your accessing and reviewing data derived from such metrics run (such data termed, “Results”). For the avoidance of doubt, Appirio may use the Results in the aggregate and in a non-identifiable manner for its business purposes.

(e)             You agree not to remove, obscure, or alter any Appirio or other proprietary rights notice affixed to, or contained within, the Technology and Documentation.  All rights not expressly granted are reserved.

2.              Ownership.

2.1            Ownership.  You acknowledge that any and all intellectual property rights in and to the Technology and Documentation are and shall remain the property of Appirio and its licensors, and you agree that at no time during or after the expiration or termination of this Agreement to in any way question or dispute the ownership thereof by Appirio.

3.              Support.

3.1            Support.  You may obtain limited support from Appirio free of charge in connection with your license hereunder, with the scope of such support to be determined by Appirio in its sole and exclusive discretion. 

4.              Confidentiality.

4.1            Use.  You hereby acknowledge and agree that the Technology and the Documentation, and any information regarding the operation or use of the Technology provided by Appirio support capabilities of Appirio or its affiliates are the proprietary and confidential information of Appirio, and Appirio hereby acknowledges and agrees that any business, technical or financial data or information that you provide to Appirio under this Agreement shall remain your proprietary and confidential information (collectively, “Confidential Information”).  Each party hereby agrees not to use the other party’s Confidential Information except as authorized by this Agreement and further agrees to hold the Confidential Information in strict confidence and protect such Confidential Information from disclosure using the same care used to protect its own confidential information of like importance, but not less than reasonable care. 

4.2            Treatment.  The receiving party’s nondisclosure obligation shall not apply to information which the receiving party can document: (i) was rightfully in its possession or known to it prior to receipt of the Confidential Information; (ii) is or has become public knowledge through no fault of the receiving party; (iii) is rightfully obtained by the receiving party from a third party without breach of any confidentiality obligation; (iv) is independently developed by employees of the receiving party who had no access to such information; or (v) is required to be disclosed pursuant to a regulation, law or court order (but only to the minimum extent required to comply with such regulation or order and with advance notice to the disclosing party).  Upon written request, or at the expiration or termination of this Agreement, you will return or destroy all Appirio Confidential Information (and all copies thereof).

5.              DISCLAIMER.

THE TECHNOLOGY AND THE RESULTS ARE PROVIDED “AS IS,” WITHOUT ANY WARRANTY OF ANY KIND.  WITHOUT LIMITING THE FOREGOING, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, APPIRIO EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS REGARDING THIS AGREEMENT, THE TECHNOLOGY, THE RESULTS AND THE DOCUMENTATION, WHETHER EXPRESS, IMPLIED OR STATUTORY, AND INCLUDING BUT NOT LIMITED TO ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS.  YOU HEREBY ACKNOWLEDGE AND AGREE THAT THIS DISCLAIMER OF WARRANTIES IS A FUNDAMENTAL PART OF THIS AGREEMENT AND THAT APPIRIO WOULD NOT AGREE TO ENTER THIS AGREEMENT OR LICENSE YOU THE TECHNOLOGY WITHOUT SUCH DISCLAIMERS.  SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF WARRANTY, SO THIS PROVISION MAY NOT APPLY TO YOU.

6.              Limitation Of Liability.

TO THE FULLEST EXTENT PERMITTED UNDER LAW, APPIRIO AND ITS AFFILIATES, SUPPLIERS AND PARTNERS HAVE NO OBLIGATION OR LIABILITY (WHETHER ARISING IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OR LIABILITIES (INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF DATA, REVENUE OR PROFIT) ARISING FROM OR RELATED TO YOUR USE OF THE technology, documentation, THE RESULTS OR ANY OTHER MATERIALS PROVIDED BY APPIRIO, EVEN IF APPIRIO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE, AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY KIND. THE FOREGOING LIMITATION APPLIES TO DAMAGES ARISING FROM (I) YOUR USE OR INABILITY TO USE THE TECHNOLOGY, THE RESULTS OR THE DOCUMENTATION OR (II) ANY OTHER MATTER RELATING TO THIS AGREEMENT.

 

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, APPIRIO'S LIABILITY AND THE LIABILITY OF EACH OF ITS OFFICERS, DIRECTORS, INVESTORS, EMPLOYEES, AGENTS, ADVERTISERS, LICENSORS, SUPPLIERS, SERVICE PROVIDERS AND OTHER CONTRACTORS TO YOU OR ANY THIRD PARTIES UNDER ANY CIRCUMSTANCE IS LIMITED TO A MAXIMUM AMOUNT OF $100.  you acknowledge that the foregoing limitations are an essential element of the Agreement between the parties and that in the absence of such limitations the terms and conditions set forth in this Agreement would be substantially different.  some jurisdictions LIMIT OR do not permit disclaimers of liability, so this provision may not apply to you.

7.              Term; termination

7.1            Term.  The term of this Agreement shall be sixty (60) days from the date of your acceptance of this Agreement (“Term”), after which this Agreement shall automatically expire.

7.2            Termination.  If either party commits a material breach of this Agreement, the other party shall have the right to terminate this Agreement immediately upon notice to the breaching party.  Either party may terminate this Agreement for convenience at any time upon notice to the other party.

7.3            Consequences of Termination and Expiration.  Upon any termination or expiration of this Agreement, the licenses granted herein shall simultaneously terminate and you shall immediately cease all use of the Technology, Documentation and other Appirio Confidential Information and shall immediately return to Appirio or destroy all copies of Appirio proprietary information or Appirio Confidential Information in your possession. 

7.4            Survival.  Notwithstanding any termination or expiration of this Agreement, the provisions of Sections 2.1, 4, 5, 6, 7.3, 7.4 and 8 shall survive any expiration or termination of this Agreement.

8.              general

8.1            General.  The relationship of the parties created by this Agreement is that of independent contractors and not that of employer/employee, principal/agent, partnership, joint venturers or representative of the other. This Agreement will be governed by and interpreted in accordance with the laws of the State of California without regard to conflict of law provisions. The sole jurisdiction and venue for any claim arising from the Agreement shall be the state and federal courts located in San Francisco County, California, and each party hereby consents to the exclusive jurisdiction and venue of such courts. In the event any provision of this Agreement is held by a proper authority to be prohibited by law or unenforceable, such provision shall be amended and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect. You may not assign this Agreement or your rights hereunder, or delegate your duties hereunder, in whole or in part, by operation of law or otherwise.  Any such purported assignment without prior consent shall be null and void. The parties’ rights and obligations under this Agreement will bind and inure to the benefit of their respective successors, heirs, executors and administrators and permitted assigns. You may submit any notices under this Agreement to Appirio by certified mail at the following address: 760 Market Street, San Francisco, CA 94012, Attn: General Counsel; Appirio may submit notices to you at the email address you provide upon registration for the Technology. Waiver of any breach or failure to enforce any term of this Agreement will not be deemed a waiver of any subsequent breach or right to enforce which may thereafter occur. This Agreement contains the final, complete, and exclusive agreement of the parties relative to the subject matter hereof and supersedes all prior and contemporaneous understandings and agreements relating to its subject matter.

 

© Appirio Inc. 2012

 

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The process typically completes within a few days of submitting the request.  The actual completion time will vary with the volume of requests.

Thank You for setting up Cloud Metrics for Salesforce.com!



NEXT STEPS: You will be contacted within a week regarding your results. To learn more about the Cloud Metrics service, please review the service datasheet. If you have any questions, please contact us at cloud@appirio.com