Heroku Agreement

1.15. “Heroku Service” refers to products and services provided online by SFDC, www.heroku.com, including associated offline or mobile heroku components, as described in the documentation. “Heroku Services” excludes content, non-SFDC applications and item content. 7.3 Open source software licenses for components of Open Source Heroku services are separate written agreements. To the extent that open-source software licenses expressly subserance under these conditions, open source licenses regulate your agreement with Heroku regarding the use of components of Heroku services published under an open source license. 6.2. Dismissal for cause. Any contracting party may immediately denounce this agreement, after written notification to the other party, if (i) the other party is the subject of an insolvency application or other insolvency proceedings or makes a transfer to creditors; (ii) the other party publicly announces (including by thieves in dry bids) that it has entered into an agreement to acquire or acquire the competitor of the terminating contracting party; (iv) the other party violates its confidentiality obligations under this agreement or violates or abuses the intellectual property rights of the terminating party; (iv) it finds, on the basis of one or more complaints filed by SFDC clients or potential clients of the SFDC, that the actions or statements of the other party constitute a significant risk to the reputation or customer relationship of the terminated party. (v) the other party has committed fraud or misrepresentation in connection with the conclusion and/or enforcement of this agreement; (vi) a party is informed of circumstances that give it reason to believe that the other party has committed unethical conduct or practice in the course of the implementation of this agreement; (vii) the other party, or one of its owners or employees responsible for the provision of services under this agreement, was investigated or prosecuted by a government authority for alleged corruption or other violations of the law or (viii) the other party violated Section 11.6 (Compliance with Applicable Laws), including, in the case of DEZ, the violation of DEZDc`s rights under trademark and/or ICANN guidelines.

Subject to the above, each party may denounce this agreement no more than thirty (30) days after written notification to the other party of the substantial offence of that other contracting party if the offence is not cured during that period. In addition, the SFDC is authorized to suspend the payment of revenue participation after being informed of significant violations committed against the supplier pursuant to this section and may suspend the vendor`s service list on the Heroku Elements Marketplace. For reasons of clarity, the remedies set out in this section are in addition to the other rights and remedies of one of the contracting parties and do not replace the other remedies of either party. 18.1 The terms, including all order forms, constitute the entire legal agreement between you and Heroku and regulate your use of Heroku services (but without any service that Heroku can provide you under a separate written agreement) and completely replace all previous agreements between you and Heroku regarding Heroku services.