Free SharePoint Project Management Template EULA

Updated March 15, 2018

The SharePoint Project Management Template from BrightWork is a free software template from BrightWork to help you manage projects in SharePoint. 

IMPORTANT- PLEASE READ CAREFULLY: This End-User License Agreement (“EULA”) is a binding legal agreement between Licensee (either an individual person or a single legal entity, who will be referred to in this EULA as “Licensee”) and BrightWork, the Licensor (as defined below) of the BrightWork® Free SharePoint Project Management Template Software (the “Software”).  The Software includes Software Updates (as defined below) that BrightWork may periodically provide to Licensee for use with the Software.  By installing, copying, downloading, accessing or otherwise using the Software, Licensee agrees to be bound by the terms of this EULA.  Licensor is unwilling to license the Software on any terms other than the terms set forth in this EULA.

  1. License Grant. Subject to this EULA, BrightWork grants to Licensee the non-exclusive and non-transferable license as follows: Licensee may install, use and operate the Software solely for Licensee’s own internal use at Licensee’s place of business, home or at a secure hosting installation, managed by a secure and reliable hosting vendor, solely for access and use by Licensee.  Corporate Licensees may provide access to the Software for its employees. Licensee is responsible for the acts or omissions of all persons that Licensee permits to use the Software. Note: This Software is unrelated to the BrightWork® Software and is intended for use outside of the BrightWork family of software products.
  2. Disclaimer of Warranty. SOFTWARE AND ANY UPGRADES TO THE SOFTWARE ARE PROVIDED UNDER THIS EULA ON AN “AS IS” BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT THE SOFTWARE IS FREE FROM DEFECTS, MERCANTABLE QUALITY OR MERCHANTABILITY, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING.  THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE IS WITH LICENSEE.  SHOULD ANY SOFTWARE PROVE DEFECTIVE IN ANY RESPECT, LICENSEE (NOT BRIGHTWORK) ASSUMES THE COST OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION.  THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS EULA.  NO USE OF THE SOFTWARE IS AUTHORIZED EXCEPT UNDER THIS DISCLAIMER.
  3. Limitations and Reservation of Rights. Licensee agrees not to reverse engineer, decompile, or disassemble the Software, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. This EULA does not grant Licensee any rights in connection with any trademarks or service marks of Aimware or BrightWork.  Licensee may not rent, sell, distribute, modify, lease, or lend the Software to third parties without the express written permission of BrightWork.  UNDER NO CIRCUMSTANCES WILL BRIGHTWORK OR ANY OTHER CONTRIBUTOR BE LIABLE TO ANY PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.
  4. Intellectual Property Rights. All title and intellectual property rights in and to the Software are reserved to BrightWork and its Licensors. The Software is protected by applicable copyright or other intellectual property laws and treaties. The Software is licensed, not sold.
  5. Support. Support is not available for this Software. Software is provided ‘As Is’.  Questions related to this Software will be answered in the BrightWork ‘Free Template Forum’ at the sole discretion of BrightWork.
  6. Software Upgrades. BrightWork may, from time to time, issue new Upgrades of the Software containing minor enhancements, and in some instances, new functionality or major enhancements. ‘Software Upgrades’ means periodic JavaScript updates provided to Licensee by means of a CDN (Content Delivery Network) hosted on Microsoft Azure. All Software Upgrades are subject to the terms and conditions of this EULA.  If Licensee’s network blocks, restricts, or restricts access to the CDN, the Software will work with reduced functionality.
  7. Termination of EULA. The License granted under this EULA commences upon download of the Software and is granted in perpetuity; provided, that the Licensor may terminate this EULA upon a material breach of this EULA by Licensee not cured within thirty (30) days of written notice. Upon termination of this EULA, Licensee must discontinue all use of the Software and destroy all copies of the Software and the Documentation. Termination of this License shall not affect any rights or remedies which Licensor may have otherwise under this license or at law.
  8. Licensor for this EULA. For the purposes of this EULA, if Licensee takes delivery of the Software in North America, “BrightWork” will mean Aimware, Inc. (dba BrightWork), One International Place, Suite 1400, Boston, MA 02110, and if Licensee takes delivery of the Software anywhere else in the world, then “BrightWork” will mean Aimware, Ltd. (dba BrightWork), Galway Business Park, Dangan, Galway, Ireland, H91 P2DK.
  9. Automated Data Collection: BrightWork uses Google Analytics to collect anonymous data from the Software in order to understand how the Software is being used, and to improve and/or enhance the Software’s performance. All data is anonymized and no personally identifiable information is transmitted to Google Analytics.
  10. Applicable Law and Jurisdiction. If BrightWork means Aimware, Inc., this EULA is governed by the laws of the Commonwealth of Massachusetts and applicable U.S. federal law, and the state and federal courts located in Boston, Massachusetts USA will have exclusive jurisdiction and venue over any claim arising from this EULA or its subject matter, the Software, or the relationship of the parties.  If BrightWork means Aimware, Ltd., this EULA is governed by the laws of Ireland and the courts located in Dublin, Ireland will have exclusive jurisdiction and venue over any claim arising from this EULA, its subject matter, the Software, or the relationship of the parties.  The parties hereby submit to the jurisdiction and venue of the applicable courts, as specified above.
  11. Third Party Beneficiaries. Neither this EULA nor any provision contained in this EULA is intended to confer any rights or remedies upon any person or entity other than the parties hereto.
  12. Licensor Remedies. Licensee agrees that monetary damages alone may not be an adequate remedy for material breach of the license restrictions of this EULA and that BrightWork will be entitled to apply for injunctive relief in case of breach of such provisions.
  13. Compliance with Laws. The parties hereto agree to comply with, as applicable, all provisions of national, state or provincial, and local laws and regulations that may apply to this EULA or activities under it, including but not limited to, applicable laws of the United States or other nations relating to exports.  BrightWork is an equal opportunities employer.
  14. Entire Agreement. This EULA (including any addendum or amendment to this EULA which is included with the Software) is the entire agreement between Licensee and BrightWork relating to this subject matter and it supersedes all prior oral or written communications, agreements, proposals and representations.