BY CLICKING “OK”, “PROCEED” OR “I ACCEPT” AND PERFORMING THE INSTALLATION OR USE OF THIS SOFTWARE AND SERVICES MEANS THAT YOU ACCEPT ALL OF THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT. If you do not accept any terms or conditions in this document, immediately cancel the installation or, if you already have the software installed, uninstall it, and request the removal of your credentials and data from Rainforest system.

    1. RAINFOREST: Stands for RAINFOREST TECHNOLOGIES with headquarters located at 108 West 13th St. Wilmington, DE 19801 United States, responsible for RAINFOREST’S Software and Services.
    1. SOFTWARE: Includes all on-premises and cloud-based RAINFOREST software and its updates provided by RAINFOREST to CUSTOMERS.
    1. CUSTOMER: Means the end user who licenses and/ or operates the RAINFOREST’s Software and Services.
    1. AUTHORIZED PARTNER: Any of the RAINFOREST’s legally authorized distributors, resellers, business partners or other individuals offering our Software and services accordingly with a partnership agreement.
    1. CONSEQUENTIAL DAMAGES: Indirect, special, incidental, punitive, exemplary, consequential, or extra-contractual damages of any kind. including third-party claims, loss of profits, system failure or malfunction, costs of obtaining substitute cloud services, work stoppage, denial of access or downtime, system or service disruption or interruption, or any lost, damaged, or stolen data, information or systems, as well as the costs of restoring any lost, damaged, or stolen data, information or systems.
    1. DERIVATIVE WORK: A work that is based on one or more preexisting works (such as a revision, translation, dramatization, motion picture version, condensation, enhancement, modification, or any other form in which preexisting work may be recast, transformed, or adapted), which, if created without the authorization of the copyright owner of the preexisting work, would constitute copyright infringement.
    1. INTELLECTUAL PROPERTY RIGHTS: All intellectual property or other proprietary rights throughout the world, whether existing under statute, at common law or in equity, now existing or created in the future, including copyright, trademark and patent rights, trade secrets, moral rights, right of publicity, authors’ rights.
    1. TECHNICAL SUPPORT: The Services that RAINFOREST (or AUTHORIZED PARTNER) provides for the Support and maintenance of the RAINFOREST Products, as specified in the Technical Support and Maintenance Terms and Conditions.
    1. UPDATES: Any updates of the Software made after the date of purchase of the SaaS.
    1. UPGRADE: Any and all improvements in the Software that are generally made available to End Users as a part of Support. 
    1. PERSONAL DATA: Any information relating to an identified or identifiable individual or is otherwise defined as “Personal Data” under the General Data Protection Regulation or other applicable data protection laws to the extent that the definition of “Personal Data” under the applicable data protection laws is broader than the preceding definitions.
    1. HIGH RISK SYSTEMS: A device or system that requires extra safety functionalities such as fail-safe or fault-tolerant performance features to maintain a safe state where it is reasonably foreseeable that failure of the device or system could lead directly to death, personal injury or catastrophic property damage. A device or system with a fault-tolerant feature in the event of failure may continue its intended operation, possibly at a reduced level, rather than failing completely.
    1. The Software (including, but not limited to, any images, photographs, animation, video, audio, music, text and “applets” incorporated into the Software) is owned by RAINFOREST and third- party licensors, and its structure, organization and code are valuable trade secrets of the RAINFOREST and the third-party licensors. The Software is protected by copyright and other intellectual property laws and international treaties. Except as expressly set forth in this EULA, this EULA does not grant the Customer any intellectual property rights in the Software and the Customer cannot use the Software except as specified herein.
    1. RAINFOREST grants the Customer with a limited license to use the Software based in one or more of the following metrics: volume of devices, number of users, number of applications and/ or it’s micro-services, number of keywords, number of domains or any other metric defined by the RAINFOREST, which should be purchased by the Customer via an Order Form.
    1. The Customer acknowledges that the rights granted to the Customer under this EULA are conditional on the Customer’s timely payment of the license fee payable to the RAINFOREST in connection with the Agreement.
    1. The software is licensed, not sold and this Agreement is for the license of the Software on one of the following bases: (i) Perpetual License, or (ii) Subscription License.
    1. Notwithstanding the foregoing limited license grant, the Customer acknowledges that the Product includes software subject to other terms and conditions governing the use of such software other than this EULA. Certain Excluded Software may be covered by open-source software licenses (“Open-Source Components”), which means any software licenses approved as open-source licenses by the Open-Source Initiative or any substantially similar licenses, including but not limited to any license, that, as a condition of distribution of the software licensed under such license, requires that the distributor make the software available in source code format. Please visit a list of applicable Excluded Software included in this Product from time to time, and the applicable terms and conditions governing its use. Such terms and conditions may be changed by the applicable third party at any time without liability to the Customer. To the extent required by the licenses covering Open-Source Components, the terms of such licenses will apply in lieu of the terms of this EULA. To the extent the terms of the licenses applicable to Open-Source Components prohibit any of the restrictions in this EULA with respect to such Open-Source Components, such restrictions will not apply to such Open-Source Components. To the extent the terms of the licenses applicable to Open-Source Components require the RAINFOREST to make an offer to provide source code in connection with the Software, such offer is hereby made.

The Customer must:

The Indemnified Party (Indemnitee) will:

    1. Neither party is liable for delays or failures to perform any of its obligations under this Agreement, to the extent caused by a Force Majeure Event.
    1. The RAINFOREST ’s failures or delays in its performance are excused to the extent they result from: (i) The Customer’s acts or omissions, or those of its employees, agents, users, affiliates or contractors; (ii), The Customer’s failure or delay in the performance of a specific task, obligation or responsibility under this Agreement or a Schedule, which task, obligation, or responsibility is a condition or requirement for a RAINFOREST  task, obligation, or responsibility; (iii) reliance on instructions, authorizations, approvals or other information from the Customer; or (iv) acts or omissions of third parties (unless directed by the RAINFOREST ).
    1. This SAAS End User License Agreement shall be governed by and construed and enforced in accordance with the laws of the DELAWARE  of DELAWARE which law shall prevail in the event of any conflict of the parties.
    1. The Customer may not sublicense, assign, or transfer its rights under this Agreement without the RAINFOREST ’s prior written consent. Any attempt by the Customer to sublicense, assign or transfer any of its rights, duties, or obligations under this Agreement, whether directly, or indirectly by merger, acquisition or change of control, will be null and void.

At any time, RAINFOREST may change or revise this LICENSE AGREEMENT, in its sole discretion. This new document will come into force 48 (forty-eight) hours after its publication on the RAINFOREST website ( Users who do not accept the new terms must uninstall the RAINFOREST Software and request the removal of its credential information from Rainforest system.