Appian Mobile EULA
This agreement (the “Agreement”) is a legally binding agreement between the individual or entity accepting this Agreement (“You” or “Your”) and Appian Corporation (“Appian”). Please read it carefully. You may also download it from our website at https://www.appian.com/appian-mobile-eula/
By installing or using the Appian Mobile Client software and/or any updates to such software provided by Appian (the “Mobile Application”), You represent that You are an authorized user of the Appian software (the “Software”) licensed to the Appian customer with which you are employed, affiliated or associated (the “Customer”) under the license and/or subscription agreement between Appian and the Customer (the “Customer License Agreement”).
If You are not an authorized user of the Software under the Customer License Agreement, do not agree to this Agreement, or if there are terms in the Customer License Agreement voiding or superseding the terms of this Agreement, You may not install or use the Mobile Application. In addition, You may not install or use the Mobile Application if the Customer License Agreement prohibits Customer’s authorized users of the Software from using the Mobile Application.
Last Updated: August 10, 2018
1. Mobile Application
The Mobile Application allows authorized users of the Software to access the Software from supported iPhone, iPod Touch, iPad or other authorized and supported devices (collectively referred to as “Devices”).
2. Limited License
Upon accepting this Agreement, Appian grants You, as an authorized user of Customer’s licensed copy of the Software, a revocable, non-exclusive, non-transferable license to use the Mobile Application on any supported Devices that You own or control and as permitted by the Usage Rules set forth in the App Store Terms and Conditions (the “Usage Rules”). You may not rent, lease, lend, sell, redistribute or sublicense the Mobile Application. You may not copy (except as expressly permitted by this license and the Usage Rules), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Mobile Application, (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with the Mobile Application). Any attempt to do so is a violation of the rights of Appian and its licensors. The Mobile Application contains proprietary content, information and material protected by applicable intellectual property and other laws, including but not limited to copyright. If You breach this restriction, You may be subject to prosecution and damages.
3. Ownership
a. General. The Mobile Application is licensed, not sold. Except as expressly set forth herein, Appian and its licensors retain all rights in the Mobile Application, and all intellectual property rights therein. The Mobile Application is a commercial software product pursuant to DFAR Sections 227-7202-1(a), 227.7202-3(a) and 252.227-7013(c) and FAR Sections 12.212 and 52.227-19. The Appian name and logo and other product names associated with the Mobile Application are trademarks of Appian or Appian’s licensors and no right or license is granted to use them, other than as set forth herein.
b. Opposition. You may not contest, oppose or challenge Appian’s rights in and to the
Mobile Application, nor register or attempt to register copyrights, trademarks, domain names or other intellectual property rights in the Mobile Application in any jurisdiction. If You register or attempt to register any rights in violation of this provision, at Appian’s written request and option, You will without cost to Appian either withdraw any application or registration or take steps to transfer and assign the registration to Appian or its designee.
4. Term and Termination
a. Term. The license is effective until terminated by You or Appian.
b. Termination. Your rights under this license will terminate automatically without notice from Appian if: (i) You fail to comply with any term(s) of this Agreement, (ii) You cease to be an authorized user of the Software licensed by the Customer, (iii) any third party (including, but limited to, Apple Inc. (“Apple”), Google, Inc. (“Google”) or Your network connectivity provider) restricts, prevents or ceases to authorize the installation or use of the Mobile Application on Your Device(s) or over Your network, (iv) the Customer License Agreement is terminated for any reason, (v) Appian terminates Your license to use the Mobile Application in accordance with its indemnification obligations (Section 9), or (vi) Appian discontinues offering the Mobile Application. In addition, this Agreement shall automatically and immediately be suspended without notice from Appian during any period the Customer License Agreement is suspended. Upon termination or suspension of Your license to use the Mobile Application, You shall cease using the Application, and destroy all copies, full or partial, of the Mobile Application.
5. Modification of this Agreement
Appian may modify this Agreement or any policy referenced in this Agreement at any time by posting a revised version of this Agreement to the Terms of Use section of Appian’s website, www.appian.com.
By continuing to use the Mobile Application after the effective date of any revisions to this Agreement, You agree to be bound by the revised Agreement. You are responsible for regularly checking the link referenced above for changes.
If a revised version of the Agreement adversely affects You, You may terminate this Agreement immediately upon providing Appian with written notice.
6. Data
You agree that Appian may collect and use technical data and related information, including but not limited to technical information about Your Device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of the Mobile Application. Appian may use this information, as long as it is in a form that does not personally identify You.
7. Terms Required by Apple
a. This Agreement is between the You and Appian only, and not with Apple. Appian is solely responsible for the Mobile Application.
b. Your use of the Mobile Application must comply with the Usage Rules set forth in the App Store Terms of Use.
c. Appian is solely responsible for providing, and Apple has no obligation to provide, maintenance and support for the Mobile Application. Support requests, as well as questions, complaints or claims may be directed to Appian’s online technical support case management system (https://forum.appian.com/support/), or by telephone using Appian’s authorized technical support phone line, (703) 442-1066).
d. If the Mobile Application fails to comply with any applicable warranty, if any, You may notify Apple, and Apple will refund the purchase price for the Mobile Application to You. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Mobile Application, and will not be liable for any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty.
e. Apple is not responsible for addressing any claims that You or any third party may have relating to the Mobile Application or Your possession and/or use of the Mobile Application, including but not limited to (i) product liability claims, (ii) any claim that the Mobile Application fails to conform to any applicable legal or regulatory requirement, or (iii) claims arising under consumer protection or similar legislation.
f. Apple is not responsible for the investigation, defense, settlement or discharge of any claim that the Mobile Application or Your possession and use of the Mobile Application infringes a third party’s intellectual property rights.
g. You represent and warrant that (i) the Mobile Application will not be downloaded or used in, or transported to, a country that is subject to a U.S. Government embargo, or has been designated by the U.S. Government as a “terrorist-supporting” country, and (ii) You are not listed on any U.S. Government list of prohibited or restricted parties.
h. Appian’s address is 7950 Jones Branch Dr, McLean, VA 22102.
i. Apple and its subsidiaries are third-party beneficiaries of this Agreement, and have the right (and shall be deemed to have accepted the right) to enforce this Agreement against You.
8. Warranties
a. Warranties Made by You. In addition to any other warranties made by You in the other sections of this Agreement, You represent and warrant that:
i. You will not use the Mobile Application in a manner that infringes, violates or misappropriates any rights of Appian or any third party;
ii. You will not use the Mobile Application to engage in, promote or facilitate illegal activities;
iii. You will not use the Mobile Application in any manner to interfere or attempt to interfere with the functionality or proper working of the Mobile Application, including but not limited to participating in any flooding or denial or service activities of any kind;
iv. You may not access the Mobile Application if You or are associated, affiliated or employed by a direct competitor of Appian; and
v. You may not access the Mobile Application for purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purposes.
b. No Warranty From Appian
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE MOBILE APPLICATION IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE MOBILE APPLICATION IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND APPIAN DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE MOBILE APPLICATION, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. APPIAN DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE MOBILE APPLICATION, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE MOBILE APPLICATION WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE MOBILE APPLICATION WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE MOBILE APPLICATION WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY APPIAN OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
9. Indemnification
a. Indemnity. Subject to the conditions set forth below, Appian shall defend You from any third party claim arising out of or in connection with Your use of the Mobile Application alleging that the Mobile Application infringes a United States patent, trademark or copyright of a third party. As part of Appian’s defense obligations, Appian will pay all associated and reasonable attorneys’ fees and defense costs, and pay any corresponding judgment finally awarded by a court of competent jurisdiction or any settlement amount agreed to in a written settlement agreement duly signed by Appian. In the event that (i) the Mobile Application is held by a court of appropriate jurisdiction to infringe the aforementioned intellectual property rights and the use of the Mobile Application is enjoined, or (ii) Appian concludes that the Mobile Application infringes the rights of a third party, Appian will, at its discretion and at its own expense and option: (I) procure for You the right to continue to use the Mobile Application in accordance with this Agreement, (II) replace the infringing components of the Mobile Application with other components with the same or similar functionality, (III) suitably modify the Mobile Application so that it is non-infringing, or (IV) terminate the license rights granted by this Agreement.
b. Limitation. Notwithstanding the provisions of Section 9(a), Appian assumes no liability for (i) infringements arising from combinations of the Mobile Application with non-Appian software or hardware products, (ii) modifications to the Mobile Application made by any party other than Appian, or (iii) infringements arising as a result of You using the Mobile Application contrary to the terms of Appian’s associated, written specifications.
c. Conditions. As a condition of the foregoing indemnification obligations, You agree: (i) to promptly notify Appian of any claim for which indemnification is sought hereunder, (ii) to cooperate with Appian’s reasonable requests in connection with such claim, and (iii) that Appian shall have the right to defend against any such claim with counsel of its own choosing and to settle such claim as it deems appropriate.
10. Limitation of Liability
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL APPIAN BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE MOBILE APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF APPIAN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. Except in connection with damages resulting from Appian’s indemnification obligations under this Agreement, in no event shall Appian’s total liability to You for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
11. Governing Law and Dispute Resolution
a. Governing Law. The validity, construction, and interpretation of this Agreement shall be governed by the laws of the Commonwealth of Virginia, excluding its principles of conflict of laws, and the laws of the United States of America, as applicable. This Agreement will not be governed by the United Nations Convention of Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.
b. Arbitration. Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by arbitration in the County of Fairfax, Virginia in accordance with the Rules of the American Arbitration Association (“AAA”) by a single arbitrator to be designated by AAA, and judgment upon the decision rendered by the arbitrator may be entered in any court having jurisdiction thereof. Any decision by the arbitrator shall be final and binding, and except in cases of fraud or gross misconduct by the arbitrator, the decision rendered shall not be appealable. The prevailing party in the arbitration proceeding shall be entitled to recover attorney’s fees, all reasonable out of pocket costs and disbursements, as well as any and all charges which may be made for the arbitration’s cost and the fees of the arbitrator.
12. General
a. Survival. Provisions herein which by their nature extend beyond the termination of any license of the Mobile Application shall remain in effect until fulfilled.
b. Relationship. No joint venture, partnership, employment, or agency relationship exists between You and Appian as a result of this Agreement or Your use of the Mobile Application.
c. Amendment. This Agreement may only be modified by a written agreement signed by duly authorized representatives of You and Appian.
d. Severability. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the invalid or unenforceable provision(s), with all other provisions remaining in full force and effect.
e. Waiver. Appian’s failure to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Appian in writing.
f. Assignment. This Agreement may not be assigned by You without Appian’s prior written approval but may be assigned without Your consent by Appian to (i) a parent or subsidiary, (ii) an acquirer of assets, or (iii) a successor by merger. Any purported assignment in violation of this section shall be void.
g. Integration. This Agreement is the final, complete and exclusive agreement relating to the subject matter hereof, and supersedes any previous communications, representations or agreements, whether oral or written, regarding transactions hereunder.
h. Language. All communications and notices to be made or given pursuant to this Agreement shall be in the English language.
Last Revised: August 10, 2018
