Digital Success. One and Done.TM
Experience the best of everything Caspio has to offer.
Start Your Free Trial in 30 Seconds
Learn to Build Caspio Apps for FREE
Stretch the Limits of Low-Code: Mobile Apps, Messaging, Integrations & More
Stand With Ukraine
Last modified January 27, 2012.
PLEASE READ THIS AGREEMENT (the “Agreement”) CAREFULLY. REGISTERING TO JOIN THE CASPIO DEVELOPER PROGRAM CONSTITUTES YOUR ACCEPTANCE OF THIS AGREEMENT AND THAT YOU REPRESENT (“DEVELOPER”) TO THIS AGREEMENT. IF YOU DO NOT ACCEPT ALL OR ANY PART OF THIS AGREEMENT, DO NOT PRESS “I AGREE” AND YOU WILL NOT BE PERMITTED TO JOIN THE PROGRAM DESCRIBED HEREIN.
The Agreement is entered into between Developer and Caspio, Inc. (“Caspio”), a Delaware corporation having principal place of business at 1286 Kifer Road, Suite 107 Sunnyvale, CA 94086 USA.
This Agreement enters into effect when accepted by Developer. Caspio and Developer may be referred to individually as a “Party” and collectively as the “Parties.”
Caspio Party means the Caspio entity entering into this Agreement and its officers, directors, employees, successors and assigns.
Claims means all claims, suits, demands and actions brought by a third party against a party hereto.
Confidential Information means the terms and conditions of this Agreement and any information regarding each party’s products, services, product designs, plans and roadmaps, prices and costs, trade secrets, know how, inventions, development plans, techniques, processes, programs, schematics, software, data, customer lists, financial information, sales and marketing plans, business opportunities, personnel data, research and development activities, and prerelease products, and any information posted on www.Caspio.com (to the extent that such information is not publicly accessible), or any other information which the receiving party (“Receiving Party”) knows or reasonably ought to know is confidential, proprietary or trade secret information of the disclosing party (“Disclosing Party”).
Damages means all damages, losses, cost and liabilities (including reasonable attorney and professional fees) that arise or result from Claims.
Developer Logo means Developer’s corporate logo, name(s), brand or other mark provided by Developer to Caspio for use hereunder.
Developer Parties means Developer and its officers, directors, employees, successors and assigns.
Developer Services means the products, technology and support services available to Developers.
Effective Date means the date Developer electronically accepts this Agreement.
Fee means the non-refundable sum required to be paid by Developer to cover costs of Developer Services available under Program for the initial term or any renewal.
Product means the Caspio product(s) including Software, Hardware and Documentation, if any, provided by Caspio to Developer for purposes of beta testing and early field trial testing in accordance with Section 6.
Program means the Caspio Developer Network program.
Program Guidelines means the then-current operational details, conditions and requirements for the Program.
Program Logos means the logos, designations or badges Caspio authorizes for the Program, in its sole discretion; provided, however, that “Program Logos” expressly excludes the Caspio corporate logo or any other Caspio logo or trademark not expressly authorized by Caspio for use under the Program.
Software means the computer programs provided as part of or together with any Product.
Solution means the combination or interoperability hereunder of any Caspio product, technology or service with a Developer product, technology or service.
In consideration of payment of the Fee and the mutual promises contained herein, the Parties hereby agree as follows:
All notices, consents demands and approvals under this Agreement must be delivered in writing by courier, by fax, or by certified or registered mail (postage prepaid and return receipt requested) to Caspio at the address provided below and will be effective upon receipt or three (3) business days after being deposited in the mail as required above, whichever occurs sooner.
1286 Kifer Road, Suite 107
Sunnyvale, CA 94086 USA
Relationship of the Parties. The parties hereto are independent contractors. Neither party (nor any agent or employee of that party) is the representative of the other party for any purpose, and neither party has the power or authority as agent, employee or in any other capacity to represent, act for, bind or otherwise create or assume any obligation on behalf of the other party for any purpose whatsoever.
Export Control. You will comply with all applicable export and import control laws and regulations of the United States and the foreign jurisdiction in which the Services or Deliverables are used and, in particular, you will not export or re-export any Deliverables without all required United States and foreign government licenses. You acknowledge and understand that the Deliverables may contain encryption technology that may require an export license from the U.S. State Department and that export or re-export of the Deliverables to certain entities and certain countries is prohibited. You will defend, indemnify and hold harmless Caspio from and against any violation of such laws or regulations by You or any of its agents, officers, directors, or employees.
Assignment. You may not assign or transfer, by operation of law or otherwise, any of your rights under this Agreement to any third party without Caspio’s prior written consent. Any attempted assignment or transfer in violation of the foregoing will be void.
No Waivers. All waivers must be in writing. Any waiver or failure to enforce any provision of this Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
U.S. Government End Users. The Deliverables are a “commercial item” as that term is defined at 48 C.F.R. 12.212. Consistent with 48 C.F.R. 12.212 and 49 C.F.R. 227.7202-4, all U.S. Government end users acquire the Deliverables with only those rights set forth therein.
Choice of Law. This Agreement will be governed by the laws of the State of California in the United States of America, as such laws apply to contracts between California residents negotiated, executed and performed entirely within California. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. Any action or proceeding arising from or relating to this Agreement must be brought exclusively in a federal court in the Northern District of California or in state court in Sunnyvale, California, and each party irrevocably submits to the exclusive personal jurisdiction and venue of any such court in any such action or proceeding. This Agreement will be written and construed in the English language.
Entire Agreement. This Agreement constitutes the entire agreement between the parties regarding the subject hereof and supersedes all prior or contemporaneous agreements, understandings, and communications, whether written or oral. This Agreement may be amended only by a written document signed by both parties. The terms on any purchase order or similar document submitted by you to Caspio will have no effect.
If you have any questions or comments about this Agreement, or Caspio’s services, contact us on the Caspio.com website.
Caspio is the world’s leading cloud platform for building online database applications without coding. Start a free trial today and experience the power of no-code.
© 2022 Caspio, Inc. Sunnyvale, California. All rights reserved.