Pluralsight On-Premise Software Terms

These On-Premise Software Terms (“On-Premise Terms”) supplement the Business Terms of Use (the “Terms of Use”) and describe terms and conditions that govern your use of Pluralsight Flow software products for on-premise installation (“Flow Software”). Unless defined herein, capitalized terms used are defined in the Terms of Use. To the extent that there is a conflict between these On-Premise Terms and the Terms of Use, these On-Premise Terms will take precedence. For purposes of your use of the Flow Software, all references to the Platform in the Terms of Use shall be read to encompass Flow Software, and vice versa.

In addition to the rights granted in the Terms of Use, Pluralsight hereby grants to you a non-exclusive, non-transferable right to install and use one (1) instance of the Flow Software for the period of time stated in the Sales Order, and subject to the limitations set forth in the Terms of Use, and any applicable Sales Order. Such installation and use shall be solely in accordance with the documentation provided by Pluralsight found at https://help.pluralsight.com/help.

Flow Software is deemed to be delivered and accepted by you on the earlier of the date the Flow Software is made available for electronic download or, if applicable, the date the installation of the Flow Software by Pluralsight has been completed as further detailed in a Sales Order and/or Statement of Work.

Pluralsight warrants that the Flow Software will substantially conform to the applicable Documentation for the term of the applicable Sales Order. This warranty does not apply if the Software: (i) has been altered, except by Pluralsight or its authorized representative, (ii) has not been installed, operated, repaired, or maintained in accordance with instructions supplied by Pluralsight, (iii) has been subjected to abnormal physical or electrical stress, abnormal environmental conditions, misuse, negligence, or accident; or (iv) is licensed for beta, evaluation, testing or demonstration purposes or other circumstances for which Pluralsight does not receive a payment of a purchase price or license fee. Pluralsight will use commercially reasonable efforts to deliver to you Flow Software free from any viruses, programs, or programming devices designed to modify, delete, damage, or disable the Software in violation of the Documentation provided. In addition, Pluralsight does not warrant that the Software or any equipment, system or network on which the Software is used will be free of vulnerability to intrusion or attack.

PLURALSIGHT DOES NOT WARRANT THAT THE OPERATION OR OTHER USE OF THE FLOW SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE OR WILL NOT CAUSE DAMAGE OR DISRUPTION TO your DATA, COMPUTERS OR NETWORKS. WITHOUT LIMITING THE FOREGOING, PLURALSIGHT WILL HAVE NO LIABILITY ARISING FROM ANY SECURITY INCIDENT OR DATA LOSS THAT WOULD HAVE BEEN PREVENTED IF you HAD IMPLEMENTED A REASONABLE SECURITY SOLUTION, DEVICE(S), OR FEATURES, INCLUDING BUT NOT LIMITED TO “PATCHES,” FIXES AND UPDATES FOR THE FLOW SOFTWARE PROVIDED OR MADE AVAILABLE BY PLURALSIGHT TO YOU.

During the term of the applicable Sales Order for Flow Software and for a period of three (3) years after its expiration or termination, you will take reasonable steps to maintain complete and accurate records of its use of the Flow Software sufficient to verify compliance with the Terms of Use and these On-Premise Terms. No more than once per twelve (12) month period, you will allow Pluralsight and its auditors the right to examine such records and any applicable books, systems, and accounts, upon reasonable advanced notice, during normal business hours. If the audit discloses underpayment of license fees, you will pay such license fees plus the reasonable cost of the audit within thirty (30) days of receipt of written notice.

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