Bot License Agreement

Summary
• You may download and use content (which includes, but is not limited to, any application, file, code, document, text, data or other materials—a “Bot”) from the Bot Store (website) subject to the limitations summarized here.
• By downloading or using a Bot, you agree to be bound by the terms of this Bot License Agreement. The use of some Bots may be subject to additional terms listed separately. Please note that separate terms cover the use of an Automation Anywhere Bot Store account.
• Every Bot belongs to Automation Anywhere or a third party (the “Owner”) and is licensed directly to you by the Owner. Automation Anywhere cannot grant you permission to use any data owned by a third party.
• Automation Anywhere makes no warranties with respect to any Bot and you agree that Automation Anywhere shall not be liable to you in connection with your use of any Bot.
Agreement

By downloading or using a Bot, you agree to be bound by all of these terms (the “Bot License Agreement”). If you disagree with any of the terms of this Bot License Agreement, you are not granted a license to use any Bot. If you are dissatisfied with any part of any Bot or this Bot License Agreement, your only recourse is to stop using any Bot.

By downloading or using any Bot, you represent that you have full power, capacity, and authority to accept the terms of this Bot License Agreement. If you are accepting on behalf of your employer, or another entity, you represent that you have full legal authority to bind your employer or such entity to this Bot License Agreement. If you don’t have the legal authority to bind, please ensure that an authorized person from your entity consents to and accepts the terms of this Bot License Agreement.

Automation Anywhere reserves the right to modify, limit, suspend, or discontinue your, or any user’s, access to the Bot Store, a Bot, or the terms of this Bot License Agreement at any time without notice. Please also be aware that Automation Anywhere will soon be updating the Bot Store with terms and conditions and a privacy policy that will also apply to the use of Bots and the Bot Store. It is your responsibility to regularly check the Bot Store to review and comply with any changes or updates to this Bot License Agreement and any other applicable terms. Upon termination of a Bot license, you shall cease all use of any Bot.

I. Scope of Bot License

Bots are owned by Automation Anywhere or third parties (the Bot’s “Owner”). All Bots are the proprietary intellectual property of the Bot’s Owner, with all rights reserved. This Bot License Agreement grants you no right, title, or interest of any kind in any Bot or a Bot’s existing and/or underlying data. Bots are licensed, not sold.

Although Automation Anywhere makes third-party Bots available through its Bot Store, it cannot and does not grant you a license for such third-party Bots. The Owner of a Bot directly grants to you a limited, revocable, non-exclusive, nonassignable, non-transferable, nonsublicenseable license to download and use any Bot to which you have properly gained access, provided that you keep all copyright or other proprietary notices intact, and subject to the terms of this Bot License Agreement.
Specifically, you may not—except to the extent enforcement of the foregoing is prohibited by applicable law—reverse engineer, decompile, decode, decrypt, disassemble, or otherwise attempt to copy or derive the source code, techniques, processes, algorithms, know-how or other information from the binary code portions of a Bot or permit or induce the foregoing. You may, however, otherwise use and/or add to any Bot to the extent necessary to achieve interoperability with Automation Anywhere’s Enterprise Software for the duration of your Automation Anywhere Software License Agreement (the “AASLA”); when the AASLA terminates, the license granted herein also terminates, and you must cease use of the Bot and any of the Bot’s existing or underlying data or code. Further, you may not disclose any information associated with a Bot to any third party or use it to create any software which is substantially similar to Automation Anywhere’s Enterprise Software or any Bot.
Any other use of any Bot is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable copyright, trademark, communications, or other laws and regulations.

II. Customer Acknowledgements

A Bot’s Owner represents and warrants that it owns the Bot and/or any requisite licenses or authorizations necessary to grant you this license. However, some underlying data in a Bot may be owned by third parties and the grant of this license does not override a third-party owner’s copyrights, trademarks, requirements, use restrictions, or other propriety rights and protections. Automation Anywhere cannot and does not grant permission to use a third party’s data, and you are solely responsible for acquiring from such third-party owners, and also complying with, whatever rights, requirements, and/or restrictions apply to such data. You understand and agree that Automation Anywhere makes no representations or warranties that a Bot does not infringe on any owner’s intellectual property rights.

You also understand that Automation Anywhere in no way recommends or endorses any third-party Bot, product, service, or company simply by permitting a party to access the Bot Store to provide or download and use a Bot.
You represent and warrant that you will not use, or permit the use of, a Bot or any information obtained through the Bot Store in a manner that is harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable.

III. Disclaimers

USE OF A BOT AND THE BOT STORE IS “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS. AUTOMATION ANYWHERE MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES OF ANY KIND, INCLUDING REGARDING ANY BOT AND/OR ANY DATA OR INFORMATION PROVIDED VIA THE BOT STORE. AUTOMATION ANYWHERE EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AVAILABILITY, SATISFACTORY QUALITY, ACCURACY, QUIET ENJOYMENT, SECURITY, TITLE, AND NON-INFRINGEMENT OF ANY PARTY’S RIGHTS.

AUTOMATION ANYWHERE DOES NOT REPRESENT OR WARRANT THAT ANY BOT OR INFORMATION AVAILABLE THROUGH THE BOT STORE IS FREE OF INACCURACIES, ERRORS, BUGS, VIRUSES, MALWARE, INTERRUPTIONS, OR IS RELIABLE, ACCURATE, COMPLETE, OTHERWISE VALID, OR THAT ANY DEFECTS WILL BE CORRECTED. YOUR USE OF THE BOT STORE AND ANY BOT IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE USE OF ANY BOT OR THE BOT STORE INCLUDING, BUT NOT LIMITED TO, ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS LIABILITY AND DISCLAIMERS MAY NOT APPLY TO YOU.

IV. Limitation of Liability

AUTOMATION ANYWHERE AND ITS OFFICERS, AGENTS, AND EMPLOYEES SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES OR COSTS AND EXPENSES (INCLUDING ATTORNEYS’ FEES) ARISING OUT OF OR IN CONNECTION WITH USE OF A BOT OR THE BOT STORE, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE) OR OTHER LEGAL OR EQUITABLE THEORY, FOR ANY LOST PROFITS, LOST OR CORRUPTED DATA, COMPUTER FAILURE OR MALFUNCTION, INTERRUPTION OF BUSINESS, OR ANY OTHER PECUNIARY LOSS OF ANY KIND ARISING OUT OF THE USE OF, OR INABILITY TO USE, A BOT OR THE BOT STORE, EVEN IF AUTOMATION ANYWHERE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES AND WHETHER OR NOT SUCH LOSS OR DAMAGES ARE FORESEEABLE. UNDER NO CIRCUMSTANCES SHALL AUTOMATION ANYWHERE BE LIABLE TO YOU FOR ANY AMOUNT.

V. No Waiver of Rights

Automation Anywhere’s failure to exercise or enforce any right or provision of this Bot License Agreement shall not constitute a waiver of such right or provision.

VI. Your Relationship With Automation Anywhere

Notwithstanding any provision hereof, for all purposes of this Bot License Agreement, you and Automation Anywhere shall be and act independently and not as partner, joint venturer, agent, employee or employer of the other. You do not have any authority to assume or create any obligation for or on behalf of Automation Anywhere, express or implied, and you shall not attempt to bind Automation Anywhere to any contract without its express written consent.

VII. Invalidity of Specific Terms

If any provision of this Bot License Agreement is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, you and Automation Anywhere agree that every other provision of this Bot License Agreement remains valid and in full force and effect.

VIII. Interpretation

The section headings and subheadings contained in this Bot License Agreement are included for convenience only, and shall not limit or otherwise affect the terms of this Bot License Agreement. Any construction or interpretation to be made of this Bot License Agreement shall not be construed against the drafter. This Bot License Agreement constitutes the complete and entire agreement between you and Automation Anywhere with respect to the subject matter hereof, and it supersedes all other communications and agreements, oral or written, relating to the subject matter hereof.

IX. Location of Lawsuit and Choice of Law

This Bot License Agreement, and the relationship between you and Automation Anywhere, shall in all respects be governed by the laws of California without regard to its conflict of law principles, the United Nations Convention for the International Sale of Goods, or any implementation of the Uniform Computer Information Transactions Act. The exclusive venue and jurisdiction of any dispute or suit arising out of or in connection with this Bot License Agreement shall be only in the federal or state court with competent jurisdiction in Santa Clara County, California, and you and Automation Anywhere each irrevocably submit to the personal jurisdiction and venue of any such court therein.

X.Digital Millennium Copyright Act

Automation Anywhere respects all relevant copyright laws, and does not permit copyright infringing activities and infringement of intellectual property rights through the use of Bots or the Bot Store. Automation Anywhere will review all claims of copyright infringement received and remove content deemed to have been posted or distributed in violation of any such laws.

Claims: If you are a copyright owner or an agent thereof and believe that any user submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing Automation Anywhere’s Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
1. A physical or electronic signature of the copyright owner or the person authorized to act on its behalf;
2. A description of the copyrighted work claimed to have been infringed; or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
3. A description of the infringing material and information reasonably sufficient to permit Automation Anywhere to locate the material;
4. Your contact information, including your address, telephone number, and email;
5. A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. A statement that the information in the notification is accurate, and, under the pains and penalties of perjury, that you are authorized to act on behalf of the copyright owner.

Counter Notice: If you believe that your user submission that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content in your user submission, you may send a counter-notice containing the following information:
1. Your physical or electronic signature;
2. Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
3. A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
4. Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of a federal or state court with competent jurisdiction in Santa Clara County, California, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
Claims and counter-notices can be sent to Legal@automationanywhere.com or Automation Anywhere, 633 River Oaks Parkway, San Jose, California 95134. You acknowledge that if you fail to comply with all of the above requirements of this Section, your DMCA notice or counter-notice may not be valid.
I have read and understand the terms of this Bot License Agreement.