This End User License Agreement (“Agreement”) is a legal agreement between YOU and INFOR (defined below) which provides the terms of your use of the INFOR EAM mobile for iPad (“APPLICATION”).  By clicking “I ACCEPT” and/or using the Application, you are agreeing to all of the terms and conditions in this Agreement. If you do not agree to these terms, do not click “I AGREE” and do not use the Application. YOU REPRESENT AND WARRANT THAT YOU ARE A USER AUTHORIZED BY the entity with which you are employed or affiliated and that you possess SUFFICIENT AUTHORITY by such entity (“LICENSEE”) TO AGREE TO THE TERMS OF this AGREEMENT.

1.	Definitions. “INFOR” refers to the INFOR-affiliated contracting entity set forth in the License Agreement (defined below), for and on behalf of itself and its subsidiaries and affiliates, including without limitation, Infor Global Solutions (Michigan), Inc., Infor (US), Inc. and their respective affiliates and subsidiaries.  “You” and “Your” refers to the individual who wishes to use the Application as an authorized user of the Infor EAM and Infor EAM Mobile software program (“Software”) that Licensee has licensed under a separate license agreement with either INFOR or an authorized INFOR partner and only during the term of such agreement (the “License Agreement”). As You are an authorized user of Licensee, reference to “You” also includes Licensee. “Apple” refers to Apple, Inc. and its majority owned affiliates. 

2.	Supported Devices. The Application is designed to support certain Apple mobile devices and enable You to access the Software through these Apple mobile devices. Notwithstanding the foregoing, INFOR shall have no obligation to offer technical support (including without limitation any wireless network connectivity support) in connection with any Apple mobile device and shall have no liability with respect to the compatibility or performance of any Apple mobile device in connection with the Application.

3.	License. Subject to the terms, conditions and limitations of this Agreement and the Apple App Store Terms of Service, INFOR grants You a personal, free, non-exclusive, non-transferable, non-sublicensable, revocable, limited license to run the Application on Your Apple mobile device solely to access the Software that Licensee has licensed under the License Agreement for Licensee’s own internal computing operations. You may use the Application only on the mobile device owned or controlled by Licensee and registered to You as an authorized user of Licensee. For avoidance of doubt, this Agreement does not include a license to the Software. You are not permitted to use the Application for any purpose except in connection with the Software, consistent with the INFOR-provided applicable documentation and only as permitted under the License Agreement, this Agreement and the Apple Terms of Use. If You cease to be an authorized user of Licensee (whether because You are no longer affiliated with or authorized by Licensee or otherwise), Your right to use the Application will immediately terminate and You may no longer use the Application. INFOR may audit Your use of the Application and Your compliance with the terms of this Agreement and the Apple Terms of Use. Any rights not expressly granted by INFOR are expressly reserved.

4.	Intellectual Property. INFOR retains all ownership and intellectual property rights in the Application. You may not: (a) modify the Application; (b) provide or make the Application available to any third party; (c) use the Application to provide third party training for INFOR products; (d) assign this Agreement or transfer the Application or any interest thereto to any other individual or entity; (d) decompile, disassemble or reverse engineer (except to the extent permitted by applicable law) the Application; (f) create derivative works based on the Application; or (g) use any INFOR name, trademark or logo.  

5.	Warranty. The Application is licensed “AS IS,” without any warranty whatsoever. INFOR MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH REGARD TO THE APPLICATION, IN WHOLE OR IN PART, OR ANY OTHER MATTER relating to THIS AGREEMENT.  INFOR EXPLICITLY DISCLAIMS ALL WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY AND OF FITNESS FOR A PARTICULAR PURPOSE.  INFOR EXPRESSLY DOES NOT WARRANT THAT THE APPLICATION, IN WHOLE OR IN PART, WILL BE ERROR FREE, WILL OPERATE WITHOUT INTERRUPTION, WILL BE COMPATIBLE WITH ANY HARDWARE OR SYSTEMS SOFTWARE CONFIGURATION, OR WILL MEET YOUR OR LICENSEE’S REQUIREMENTS. You AND LICENSEE assume all risks associated with the use of the Application, including without limitation risks relating to quality, availability, performance, data loss, security and use in a production environment. You expressly acknowledge and agree that availability of the Application is subject to Apple’s sole discretion as the operator of the Apple App Store AND INFOR RESERVES THE RIGHT TO CHANGE, SUSPEND, LIMIT, REMOVE OR DISABLE ACCESS TO THE APPLICATION and ITS FEATURES AND FUNCTIONS AT ANY TIME WITHOUT NOTICE. APPLE HAS NO WARRANTY OBLIGATION WITH RESPECT TO THE APPLICATION and the SOFTWARE. 

6.	Liability. To the extent permitted by applicable law, IN NO EVENT WILL INFOR BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DAMAGES ARISING IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE APPLICATION OR IN CONNECTION WITH INFOR’ PROVISION OF OR FAILURE TO PROVIDE SERVICES PERTAINING TO THE APPLICATION, OR AS A RESULT OF ANY DEFECT IN THE APPLICATION, OR AS A RESULT OF ANY CHANGE, SUSPENSION, REMOVAL OR DISABLING OF ACCESS TO THE APPLICATION. THIS DISCLAIMER OF LIABILITY SHALL APPLY REGARDLESS OF THE FORM OF ACTION THAT MAY BE BROUGHT AGAINST INFOR, WHETHER IN CONTRACT OR TORT, INCLUDING WITHOUT LIMITATION ANY ACTION FOR NEGLIGENCE, PRODUCT LIABILITY, FAILURE OF THE APPLICATION TO CONFORM TO ANY LEGAL OR REGULATORY REQUIREMENT OR CLAIMS ARISING UNDER CONSUMER PROTECTION OR SIMILAR LEGISLATION. YOUR SOLE REMEDY FOR BREACH OF THIS AGREEMENT BY INFOR OR FOR ANY OTHER CLAIM RELATED TO THE APPLICATION OR THIS AGREEMENT SHALL BE TERMINATION OF THIS AGREEMENT. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, UNDER NO CIRCUMSTANCES SHALL INFOR AND ITS LICENSORS BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL OR INDIRECT DAMAGES, LOSS OF GOOD WILL OR BUSINESS PROFITS, WORK STOPPAGE, DATA LOSS, COMPUTER FAILURE OR MALFUNCTION, ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSS, OR EXEMPLARY OR PUNITIVE DAMAGES. 

7.	Indemnification. INFOR will defend, indemnify and hold Licensee harmless from and against any loss, cost and expense that You incur because of a third party claim that use of the Application as permitted under this Agreement infringes any copyright of others.  INFOR’ obligations under this indemnification are expressly conditioned on the following:  (i) You must promptly notify INFOR of any such claim; (ii) You must in writing grant INFOR sole control of the defense of any such claim and of all negotiations for its settlement or compromise (if You choose to represent Your own interests in any such action, You may do so at Your own expense, but such representation must not prejudice INFOR’ right to control the defense of the claim and negotiate its settlement or compromise); (iii) You must cooperate with INFOR to facilitate the settlement or defense of the claim. INFOR will not have any liability hereunder to the extent the claim arises from (a) any modification of the Application; (b) the use or combination of the Application with any computer, computer platform, operating system and/or data base management system not provided or approved in writing by INFOR; (c) if the claim would have been avoided by Your use of the most recent version of the Application; or (d) any improper use of the Application. THE FOREGOING SETS FORTH INFOR’ EXCLUSIVE OBLIGATION AND LIABILITY WITH RESPECT TO INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. Apple has no indemnity obligation for the Application. 

8.	Export. You acknowledge and agree that U.S. export control laws and other applicable export and import laws govern Your and Licensee’s use of the Application. You represent and warrant that (i) You are not a citizen, national or resident of, and are not located in nor under the control of any government or country to which the U.S. government has prohibited export, that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country; (ii) You are not listed on any U.S. government list of prohibited or restricted parties; and (iii) You will neither export or re-export, directly or indirectly, the Application, nor any direct product thereof in violation of such laws, or use the Application for any purpose prohibited by such laws. 

9.	Support. INFOR does not offer support for the Application other than provision of updates, patches, bug fixes and new versions of the Application via the Apple App Store, to be determined in INFOR’ sole discretion. You acknowledge that Apple has no obligation to provide maintenance and support for the Application. 

10.	Term and Termination. INFOR may terminate this Agreement and Your use of the Application if You fail to comply with any terms of this Agreement. This Agreement will also terminate automatically upon the termination of the License Agreement or upon termination of Your affiliation with or authorized use by Licensee.  Apple and INFOR may terminate Your access to and/or use of the Application at any time.  Upon termination of this Agreement, You will discontinue further use of the Application, and delete all copies of the Application on your Apple mobile device.

11.	Choice of Law/Severability. This Agreement will be governed by and construed exclusively under the laws of the State of New York, as applicable to agreements executed and wholly performed therein, but without regard to the choice of law provisions thereof.  This Agreement is originally written in the English language and the English language version shall control over any translations.  If any provision of this Agreement is illegal or unenforceable, it will be deemed stricken from the Agreement and the remaining provisions of the Agreement will remain in full force and effect.  The United Nations Convention on the International Sale of Goods (CISG) and the Uniform Computer Information Transactions Act shall not apply to the interpretation or enforcement of this Agreement.

12.	Third Party Product License Terms. You must comply with applicable third party terms of any third party agreement when using the Application (by way of example and not limitation, if the Application includes a VoIP application, then You must not be in violation of Your wireless data service agreement when using the Application).

13.	Miscellaneous.  You and INFOR acknowledge and agree that (a) this Agreement is between You, on behalf of Licensee, and INFOR, and that Apple is not a party to this Agreement; (b) INFOR is solely responsible for the Application and the INFOR-provided content thereof; (c) Apple and Apple subsidiaries are third party beneficiaries of this Agreement; and (d) Apple has the right (and will be deemed to have accepted the right) to enforce the terms of this Agreement against You as a third party beneficiary hereof but only if You have accepted this Agreement as outlined above. INFOR’ failure to enforce its rights with respect to any breach of this Agreement will not act as a waiver of the right of INFOR to later enforce any such rights or to enforce any other breach. This Agreement contains the entire understanding of the parties with respect to its subject matter, and supersedes and terminates all prior oral and written communications between the parties about its subject matter.  

14.	Changes. Apple may at any time modify the Apple Terms of Use and impose new or additional terms and conditions on INFOR and You relating to the Application. Any such changes will be effective immediately and be deemed incorporated into this Agreement.  Your continued use of the Application will constitute acceptance of these changes.

15.	Contact INFOR. If You have any questions or concerns regarding the Application, You may contact INFOR at +1(678)319-8000. Contact: Director, Product Management Infor Enterprise Asset Management, info@infor.com.








INFOR is a trademark of Infor Global Solutions (Michigan), Inc. or its affiliates, registered in the U.S. and other countries. All rights reserved. Apple, App Store and iPad are trademarks of Apple Inc., registered in the U.S. and other countries. Any other trademarks identified herein are the property of their respective owners. 
