This agreement for use of the Next Solutions Next Up System (“Next UpSystem”) governs your use of the Next Up System as between The Next Solutions, Inc. (“Next Up”) and all individuals who use it (“User”).
User agrees that by accessing the Next Up System that User only has a non-transferable, non-exclusive license to use the Next Up System only for purposes for which the Next Up System is offered. Title to the Next Up System and all rights of copyright, patent, trademark, trade dress, trade secret, or other intellectual property therein in the Next Up System are and shall at all times remain solely and exclusively with Next Up. User has no right to reverse engineer the Next Up System, nor create any derivative versions, nor provide or permit any access to the Next Up System to any third parties. User agrees to keep confidential all portions of the system that are accessed or used.
Manager Users also agree to keep confidential those portions of the Next Up System that are subject to manager level login and passwords, i.e., the reporting and data analytics-functionality within the Next Up System, and not permit any of Dealer’s sales agents access to those manager level access of the Next Up System, which access and which information and processes therein Dealer recognizes are confidential, proprietary, and trade secrets of Company.
Location-based Service .
The Internet connection required to use the Service, and any associated charges (e.g. mobile data expenses) incurred by your use of the Service are your exclusive responsibility and made solely at your expense. Transmitting and receiving real-time updates to and from the Service, requires an online (e.g. Wi-Fi, 3G, 4G) connection between your cellular device and the Internet. The expenses of such connection are as prescribed by the agreement between you and your communication service provider (such as your cellular company), and according to its applicable terms of payment.
User agrees that California law controls this agreement.
As between Next Up and the master contracting party, this Agreement does not replace or abrogate the prior agreement and only supplements it.