Terms of Service

Version: 0.4

Last Updated: May 3, 2018

By using HEXDI Compliance Management Software (“HEXDI”), you and your organization (collectively referred to herein as “you”) agree to the Terms and Conditions of this End User License Agreement (the “Agreement”), which applies to all uses of HEXDI.

SCOPE OF LICENSE.

HEXDI is owned and licensed by EXIMCORE PARTNERS LLC (“EXIMCORE”). The software is licensed, not sold.

This Agreement gives you a license for the non-exclusive and non-transferable right to use HEXDI. All other rights to the software remain with EXIMCORE.

A limited trial version of HEXDI is available for evaluation purposes. If you use the trial version, your rights are limited to a 60-trial period.

If you use the full version of HEXDI on an annual subscription basis, your rights to use the software are limited to the annual subscription period, subject to renewal. Your license and access to HEXDI is conditioned upon your timely payment of the applicable annual subscription fees.

AUTHORIZED USERS.

Your use of HEXDI is licensed on a per user basis and a separate license is required for each user. No other persons may use the software under the same license. You may not sublicense or otherwise share your user access to HEXDI with other persons, even if within your organization.

You may, however, assign your user access rights to other persons in your organization if you no longer require access to HEXDI. If assigning use, you many not continue to use HEXDI and, before any use, the new user must login to the account, update the account information with their contact information, and agree to the terms and conditions of this Agreement.

BETA TESTERS.

By participating in the review and testing of HEXDI, and for the consideration stated in the invitation to you from Mobility Labs, the software developer of HEXDI, and/or from HEXDI, you agree to review HEXDI and to provide any impressions, suggestions for improvement or other feedback on the tool that you see fit.

You acknowledge and agree that the consideration stated in the invitation constitutes full, complete, and final consideration for your review and testing of HEXDI and provision of the feedback, and that the feedback may be used by Mobility Labs, HEXDI, and EXIMCORE for further development, improvement, and use of the tool.

EXIMCORE acknowledges and agrees that your feedback is not legal advice, that you do not make any warranty or representation on the validity of the feedback, and that you are not responsible for EXIMCORE’s reliance on the feedback.

UNAUTHORIZED USE.

You may not use HEXDI in any way that is against the law; and you may not rent, lease, lend or otherwise redistribute the software; may not modify the software; may not copy the software; may not attempt to decompile or reverse engineer the software; and may not use the software to obtain or reverse engineer the proprietary EXIMCORE government standards database used by HEXDI.

INTENDED USES.

HEXDI is intended for use by United States companies involved in exports and imports from and into the United States subject to the jurisdiction of the U.S. Departments of Commerce, Homeland Security, Justice, State, and Treasury. HEXDI is not intended for foreign company use; and it is not intended for use in exports and imports subject to the jurisdiction of agencies other than the U.S. Departments of Commerce, Homeland Security, Justice, State, and Treasury.

COMPANY INFORMATION.

During your access to HEXDI, the software permits you to download and print various reports on your compliance program that contains company information provided by you. However, you will not have access to HEXDI, to include any and all company information stored on HEXDI in the reports or otherwise, after expiration of your license. EXIMCORE WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE FOR THE LOSS OF COMPANY INFORMATION ENTERED AND STORED ON HEXDI.

PRIVACY.

EXIMCORE values your privacy and protects your personal identifying information (“PII”), defined as information that can be used to distinguish or trace a natural person’s identity. PII includes a user’s name, address, and other information that identifies the particular user.

EXIMCORE collects each user’s name, organization, physical address, email address, telephone number, and payment information during the HEXDI registration and account maintenance processes. This information is used for registration, payment, and account maintenance (i.e., access permission validation, subscription expiration tracking, intra-organizational assignments of user access rights, and identity verification of persons requesting information about accounts). PII provided to EXIMCORE for registration and account maintenance is not used or shared outside of EXIMCORE other than with EXIMCORE’s third party payment processor, which may use the information for payment processing; and with Mobility Labs, Inc., which may use the information for maintenance and development of HEXDI.

EXIMCORE also collects names and email addresses from persons who complete the contact form on the HEXDI website. This information is only used by EXIMCORE to respond to the specific request for information presented. At the time a person completes the contact form, they authorize EXIMCORE collection and use of their name and email address for HEXDI response to the request for information.

EXIMCORE also collects email addresses from persons who subscribe to the HEXDI newsletter. This information is only used in the mailing list employed for delivery of the HEXDI newsletter and is not shared with any third party. At the time of newsletter signup, persons subscribing to the newsletter authorize EXIMCORE collection and use of their email address for delivery of the HEXDI newsletter.

Users should not store PII in the HEXDI module open item fields.

EXIMCORE employs security safeguards to reduce the risk of loss or theft, as well as unauthorized access, disclosure, copying or use of PII provided by users.

Upon your request, EXIMCORE will provide you with a copy, will correct, and/or will erase your PII in EXIMCORE’s possession. Requests for a copy of your PII in EXIMCORE’s possession, for correction of your PII in EXIMCORE’s possession, and/or to erase your PII in EXIMCORE’s possession should be sent to privacy@hexdi.com. Note that erasure of information needed for payment and account maintenance may effect your ability to access HEXDI.

EXIMCORE may publicly share top-level benchmark score information derived from mean, median, and mode analysis from the universe of HEXDI users for marketing and other purposes. This information does not include PII and it does not distinguish or otherwise identify the organization or users connected to a specific benchmark score.

EXIMCORE uses an analytics tool to examine the performance of the HEXDI website. In doing so, EXIMCORE does not collect or store IP addresses in a way that allows identification of users; EXIMCORE only uses cookie identifiers for authentication and access to HEXDI and for website analytics; and EXIMCORE does not engage in remarketing.

INTELLECTUAL PROPERTY RIGHTS.

Unless otherwise noted, all content within HEXDI is the sole property of EXIMCORE and is protected by trademark, copyright, trade secret, and other intellectual property laws. No intellectual property rights in the software transfer to you.

NOT LEGAL ADVICE.

Exporters are held to a high degree of care. This requires an understanding of how inherently complicated laws apply to the facts of particular commercial transactions and other activities. HEXDI is intended as an aid in this understanding. HEXDI is not intended as legal advice, and it is not intended for use in determining restrictions that may apply to a particular transaction or other specific activity.

LIMITED WARRANTY.

HEXDI WILL MOST LIKELY OPERATE ON YOUR MACHINE, BUT THERE IS THE POSSIBILITY THAT IT WILL NOT, AND EXIMCORE IS NOT RESPONSIBLE FOR ANY MALFUNCTIONS.

EXIMCORE WARRANTS THAT, WHEN PROPERLY USED UNDER NORMAL CONDITIONS, HEXDI WILL PERFORM SUBSTANTIALLY AS ADVERTISED. OTHERWISE, HEXDI IS PROVIDED “AS IS” AND EXIMCORE MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, IN FACT OR IN LAW, AND DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

AS THE SOLE REMEDY FOR BREACH OF WARRANTY, EXIMCORE MAY REFUND AN ANNUAL SUBSCRIPTION AMOUNT FOR THE RELEVANT YEAR THAT YOU PAID FOR USE OF HEXDI.

THIS WARRANTY DOES NOT COVER PROBLEMS CAUSED BY YOUR ACTS (OR FAILURES TO ACT), THE ACTS OF OTHERS OR OTHER EVENTS BEYOND EXIMCORE’S REASONABLE CONTROL.

LIMITATION ON AND EXCLUSION OF DAMAGES.

IN THE EVENT OF ANY CLAIM OR ACTION AGAINST EXIMCORE AND ITS PARTNERS, AGENTS, AND/OR EMPLOYEES CONNECTED TO YOUR USE OF HEXDI, YOU AGREE THAT YOUR RECOVERY IS EXPRESSLY LIMITED TO DIRECT DAMAGES UP TO THE ANNUAL SUBSCRIPTION AMOUNT THAT YOU PAID IN THE RELEVANT YEAR FOR USE OF HEXDI. IN NO CIRCUMSTANCE CAN YOU CLAIM OR RECOVER CONSEQUENTIAL DAMAGES, LOST PROFITS, SPECIAL DAMAGES, INDIRECT DAMAGES, INCIDENTAL DAMAGES OR ANY OTHER TYPE OF DAMAGES IN ANY CLAIM OR ACTION AGAINST EXIMCORE AND ITS PARTNERS, AGENTS, AND/OR EMPLOYEES CONNECTED TO YOUR USE OF HEXDI. This limitation applies to any claim or action connected to your use of HEXDI, to include those arising under claims for breach of contract, loss of data, breach of warranty, guarantee or condition, negligence, strict liability or other tort to the extent permitted by applicable law. It also applies where EXIMCORE, its partners, agents, and/or employees knew or should have known about the possibility of the damages, and where a refund does not fully compensate you for your alleged losses.

EXPORT RESTRICTIONS.

Your use of HEXDI is subject to United States export control and other laws. You agree to comply with all domestic and international laws that apply to the software. In furtherance of these restrictions, you agree that you will not access HEXDI, directly or indirectly, from Cuba, Iran, North Korea, Sudan, Syria, or any other country or party to which the United States has prohibited exports of software and/or services.

APPLICABLE LAW.

THIS AGREEMENT SHALL BE GOVERNED, INTERPRETED AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF ARIZONA WITHOUT REGARD TO THE CONFLICT OF LAW PROVISIONS OF ANY JURISDICTION. You consent to the jurisdiction of the state and federal courts in the State of Arizona in any action arising out of or relating to this Agreement and waive any other venue to which you might be entitled by domicile or otherwise.

SEVERABILITY.

If any provision of this Agreement shall be held to be invalid or unenforceable, the remainder of this Agreement shall remain in full force and effect. To the extent any express or implied restrictions are not permitted by applicable laws, these express or implied restrictions shall remain in force and effect to the maximum extent permitted by such applicable laws.

ENTIRE AGREEMENT.

This Agreement constitutes the entire Agreement for your use of HEXDI and supersedes any and all prior and contemporaneous oral or written agreements, understandings, or representations concerning the software.

CHANGES TO THIS AGREEMENT.

A copy of the current version of this Agreement is always available on the HEXDI website under the “Terms” link. EXIMCORE may revise the terms and conditions of this Agreement at any time without notice. By using HEXDI, you agree to be bound by the most current version of this Agreement.

For questions regarding the Terms and Conditions, opt-ins below, and for information regarding HEXDI’s data storage and use practices, contact us at privacy@hexdi.com