THIS END USER LICENSE AGREEMENT, INCLUDING ANY MODIFICATIONS MADE TO THEM (IN ACCORDANCE WITH SECTION 3.20 OR 3.22 BELOW) FROM TIME TO TIME, CONSTITUTE AN AGREEMENT BETWEEN US AND YOU THAT GOVERNS YOUR ACQUISITION AND USE OF OUR SOFTWARE SOLUTIONS. IF YOU REGISTER FOR A FREE TRIAL FOR OUR SOFTWARE, THE APPLICABLE PROVISIONS OF THIS AGREEMENT WILL ALSO GOVERN THAT FREE TRIAL.

BY ACCEPTING THIS AGREEMENT, EITHER BY CLICKING A BOX INDICATING YOUR ACCEPTANCE, DOWNLOADING OUR SOLUTIONS, OR BY EXECUTING AN ORDER FORM (AS DEFINED BELOW) THAT REFERENCES THIS AGREEMENT, YOU AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY AND ITS AFFILIATES TO THESE TERMS AND CONDITIONS, IN WHICH CASE THE TERMS “YOU” OR “YOUR” SHALL REFER TO SUCH ENTITY AND ITS AFFILIATES. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MUST NOT ACCEPT THIS AGREEMENT AND MAY NOT USE THE SOLUTIONS. THIS AGREEMENT IS EFFECTIVE BETWEEN YOU AND US AS OF THE EFFECTIVE DATE (AS DEFINED BELOW).

IF ANY PORTION OF THE SOFTWARE REQUIRES YOU TO REGISTER, YOU MUST COMPLETE THE REGISTRATION PROCESS BY PROVIDING US WITH CURRENT, COMPLETE AND ACCURATE INFORMATION AS PROMPTED BY THE APPLICABLE REGISTRATION FORM. YOU ARE ENTIRELY RESPONSIBLE FOR ANY AND ALL ACTIVITIES THAT OCCUR UNDER YOUR ACCOUNT. YOU MAY NOT USE THE SOLUTIONS IF YOU ARE OUR DIRECT COMPETITOR, EXCEPT WITH OUR PRIOR WRITTEN CONSENT. IN ADDITION, YOU MAY NOT ACCESS THE SOLUTIONS FOR PURPOSES OF MONITORING THEIR AVAILABILITY, PERFORMANCE OR FUNCTIONALITY, OR FOR ANY OTHER BENCHMARKING OR COMPETITIVE PURPOSES.
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