The website located at https://www.dynamics365automation.com (the "Site") and related applications, images and services (included the Dynamics Connector) are copyrighted works belonging to Dynamics365 Automation.
Modification
We reserves the right, at any time, to modify, suspend, or discontinue the Services (in whole or in part) with or without notice to you. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Services or any part thereof.
No Support or Maintenance
You acknowledge and agree that we will have no obligation to provide you with any support or maintenance in connection with the Services.
Ownership of Intellectual Property
You acknowledge that all the intellectual property rights, including copyrights, patents, trade marks, trade secrets, and all underlying code and technology, in the Services and their content are owned by us. Your access to the Services does not transfer to you or any third party any rights, title or interest in or to such intellectual property rights.
Confidentiality Obligations
The party receiving Confidential Information (Recipient) of the other party (Owner) will:
i. Not (except with the Owner's prior written approval) disclose the Confidential Information to anyone other than its:
a. Personnel or affiliates who have a need-to-know for the purposes of fulfilling the Recipient's obligations under this Agreement or, in the case of the Customer, to obtain the full intended benefit of this Agreement;
b. Professional advisors, upon obtaining a similar undertaking of confidentiality from such advisors.
ii. Use the Confidential Information solely for the purpose of fulfilling its obligations or exercising its rights under this Agreement.
Liability
a) Exclusion
Neither party will be liable to the other party for any:
i) Loss or damage to any information or data from any cause; or
ii) Loss of business, profit, revenue, goodwill, opportunity or anticipated saving; or
iii) Incidental, indirect, special or consequential loss or damage.
b) Limitation
The total aggregate liability of a party will not exceed the amount paid under the agreed fees for the services or products in respect of which the claim arose.
c) Application of Limitation and Exclusions
The total aggregate liability and any other limitations and exclusions of liability shall apply however liability arises, whether in contract, tort (including negligence), breach of statutory duty, via an indemnity or otherwise.
d) Force Majeure
Neither party will be liable to the other for any failure or delay to perform its obligations by reason of Force Majeure. In the event that a party cannot perform its obligations as a result of Force Majeure, that party shall:
i) Notify the other party as soon as reasonably practicable of full particulars of the Force Majeure; and
ii) Use all reasonable endeavours to overcome, avoid and mitigate the Force Majeure; and
iii) Use all reasonable endeavours to mitigate the effects or consequences of the Force Majeure.
Dispute Resolution
a) No Court Proceedings
Except in the case of urgent interlocutory relief, unless a party has entered into negotiations to resolve the Dispute. it may not commence legal proceedings.
b) Good Faith and Continuity
Pending resolution of any dispute, each party will: Make all reasonable efforts in good faith to resolve the Dispute promptly and in a manner which minimises the impact on the Services and each party's business.