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  <div id="notificationText">APPIAN COMMUNITY EDITION LICENSE AGREEMENT BY CLICKING THE “I ACCEPT” CHECKBOX DISPLAYED AS PART OF THE ORDERING PROCESS, YOU AGREE TO THE FOLLOWING APPIAN COMMUNITY EDITION LICENSE AGREEMENT (“AGREEMENT”). THIS AGREEMENT
    IS BETWEEN APPIAN CORPORATION AND ITS AFFILIATES AND SUBSIDIARIES (“WE”, “US” OR “OUR”) AND THE INDIVIDUAL ACCEPTING THIS AGREEMENT (“YOU” OR “YOUR”). IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU
    REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY TO THIS AGREEMENT, IN WHICH CASE THE TERMS “YOU” AND “YOUR” SHALL REFER TO SUCH ENTITY. YOU OR US MAY BE INDIVIDUALLY REFERRED TO AS A “PARTY” OR COLLECTIVELY REFERRED TO AS THE “PARTIES.”
    YOU MUST BE AT LEAST 18 YEARS OF AGE TO ACCEPT THIS AGREEMENT. IF YOU DO NOT SATISFY THE FOREGOING REQUIREMENTS OR IF YOU DO NOT AGREE WITH THIS AGREEMENT, YOU MAY NOT USE THE SERVICE. DEFINITIONS The terms defined in this Section and any other
    capitalized terms defined in the other sections of this Agreement have the meanings stated. “Data” means the data, information or material that You and any Users submit to the Service under this Agreement. Data shall not include anything
    initially provided to You by Us. “Documentation” means the contents provided under the documentation section of the Appian Community website, https://docs.appian.com, or other URL as notified to You by Us in writing from time-to-time. “Platform”
    means the limited version of Our baseline business process automation software platform (including all updates and enhancements to the same) provided by Us to You under this Agreement. “RPA Software” means a limited version of Our robotic process
    automation software (including all updates, and enhancements to the same), that is provided by Us to You under this Agreement, and which contains the following four components: (a) the Appian RPA Console, a cloud based application used to deploy
    new robotic processes, manage resources, review data and metrics, and configure platform settings; (b) the Appian RPA Server, a cloud based service which executes robotic processes and deploys RPA code; (c) the Appian RPA integrated developer
    environment, locally installed software which allows for the development of Appian RPA robots; and (d) Appian RPA Agents, locally installed software robots that perform assigned tasks. “Service” means the Platform and the RPA Software,
    collectively. “User” means You, if You are an individual, or Your employees, contractors or subcontractors, if You are a corporate entity, all to the extent having a user account in the Service allowing for authentication into the Service.
    LICENSE License. During Your license to use the Service, We shall grant up to 15 Users with a non-transferable, nonexclusive license, without right of sublicense to: (a) access the cloud based elements of the Service (all elements other than the
    locally installed elements of the RPA Software (Appian RPA integrated development environment and RPA Agents)) via a username and password over the Internet, and (b) install and to use the locally installed elements of the RPA Software (Appian
    RPA integrated development environment and RPA Agents) on Your computers. You may use the licenses provided under this Agreement for Your internal business purposes, which may include evaluation or production purposes. Service and Usage
    Limitations. Your license to use the Service under this Agreement is without charge. The version of the Service provided under this Agreement has limited features and functionality relative to Our standard version of the Service, and Your use of
    the Service is subject to certain use limitations that are more restrictive than our standard usage terms and conditions. These limitations are described in the documentation provided to You as part of the ordering process associated with the
    Service and in Schedule 1 of this Agreement. These limits and restrictions are subject to change from time-to-time at Our sole discretion. General Restrictions. Except to the extent expressly authorized in this Agreement or in the Documentation,
    You may not: (i) reverse engineer, disassemble, decompile or otherwise attempt to access or determine the source code of the Service, (ii) operate the Service for use by third parties or otherwise operate the Service on a service bureau basis,
    (iv) modify, copy, reproduce or create a derivative from the Service, in whole or in part, or (v) allow, permit or assist any party to do any of the foregoing. In addition, You agree not to use the Service in circumstances in which errors or
    inaccuracies in the content, functionality, services, data or information provided by the Service or the failure of the Service, could lead to death, personal injury, or severe physical or environmental damage. You may not use the Service if You
    are Our competitor or to provide information about the Service to Our competitors. Neither You nor Your Users may mask their identity when using the Service. Users Accounts. User accounts may not be shared among individuals or used to provide
    access to the Service to individuals who are not the individual associated with the corresponding User account. Your Responsibilities. You must use the Service in accordance with all applicable laws. You are responsible for the password security
    of User accounts and the level of access granted to an individual User by Your Service administrators, as well as any other security configurations set by You in the Service. You are responsible for any violation of this Agreement by Your Users.
    You shall promptly report to Us any copying or distribution of the Service in violation of this Agreement that is known or suspected by You and provide Us with reasonable assistance to stop such violation. Intellectual Property Rights. The
    Service, including all intellectual property rights therein, is licensed to You, not sold, and shall remain Our property at all times. We retain all rights in the Service not expressly provided to You under this Agreement. Opposition. You may not
    contest, oppose or challenge Our rights in and to the Service, nor register or attempt to register copyrights, trademarks, domain names or other intellectual property rights in the Service in any jurisdiction. If You register or attempt to
    register any rights in violation of this provision, at Our written request and option, You will without cost to Us either withdraw any application or registration or take steps to transfer and assign the registration to Us. DATA. As between the
    Parties, the Data belongs to You. You are responsible for responding to any notices sent to You (or any User) by any third party claiming that the Data violates such party’s rights. You grant Us a worldwide, irrevocable, royalty-free,
    nonexclusive, sublicensable right during the term of this Agreement to use the Data in providing the Service. PERSONAL DATA AND RECEIPT OF UPDATES FROM US By accepting this Agreement, You agree that Your name and email address may be transferred,
    stored and/or processed in the United States, outside the European Economic Area and potentially outside the jurisdiction in which it was collected. All such transfer, storage and processing shall be conducted pursuant to Our privacy policy
    available at https://www.appian.com/privacy/. In addition, by accepting this Agreement, You agree that we may send You newsletters, updates and other information about Us and Our processing of Your personal information. You may amend the
    information You receive from Us or opt out of receiving general commercial communications from Us at any time at the following link: https://go.pardot.com/emailPreference/e/epc/10342/MvA6a48fClQaNoJAdU4dgCiZYE1_jvINwamRyzkD1U0/1346.
    CONFIDENTIALITY Confidential Information. “Confidential Information” means any information disclosed in writing or orally by one Party (the “Discloser”) to the other Party (the “Recipient”) and includes (a) information marked as confidential, (b)
    the Service, and (c) information that is reasonably understood to be confidential under the circumstances of disclosure or the nature of the information disclosed. Non-Disclosure. The Recipient agrees to use the same degree of care to avoid
    unauthorized use or disclosure of the Discloser’s Confidential Information as it uses to protect its own information and data of like importance, but in no event using less than a reasonable degree of care. Acting in accordance with the foregoing
    standard, the Recipient agrees to disclose the Discloser’s Confidential Information only to its employees or Users (or, in the case of Us, authorized subcontractors) who (i) have a need to know the same, and (ii) are subject to binding
    confidentiality obligations with the Recipient that are at least as restrictive regarding limitations on use and disclosure as those in this Section. Exceptions. The foregoing restrictions will not apply to information that (a) is known to the
    Recipient at the time of receipt, (b) has become publicly known through no wrongful act of the Recipient, (c) has been rightfully received from a third party authorized to make such communication without restriction, (d) has been independently
    developed by the Recipient as evidenced by written records, (e) has been approved for release by written authorization of the Discloser, or (f) is required by law to be disclosed; provided that if the Recipient is required to disclose the
    Discloser’s Confidential Information pursuant to an order under law, the Recipient must, if lawful, promptly notify the Discloser and cooperate in all reasonable respects with the Discloser’s requests in connection with obtaining a protective
    order. Feedback. If during Your license to use the Service under this Agreement You communicate to Us suggestions for improvements, ideas, enhancement requests or other feedback in connection with the Service (“Feedback”), We shall own all right,
    title, and interest in and to the same, even if You have designated the Feedback as confidential, and We shall be entitled to use the Feedback without restriction. TERM, TERMINATION AND SUSPENSION Term. This Agreement is effective as of the date
    You accept this Agreement and shall continue as long as You have access to the Service under this Agreement. Termination. Either Party may terminate this Agreement at any time with written notice to the other Party. Suspension. Upon providing You
    with written notice, We may immediately suspend Your privilege to use the Service, which suspension shall be without any liability to Us if We have reason to believe: (a) You or Your Users are in breach of this Agreement or using the Service in
    any manner to (i) interfere or attempt to interfere with the functionality or proper working of the Service, including but not limited to participating in any flooding or denial or service activities of any kind, or (ii) engage in, promote or
    facilitate illegal activities; or (b) the Data (i) infringes, violates or misappropriates any rights of Us or any third party; (ii) constitutes defamation, invasion of privacy or publicity, or otherwise violates any applicable law or regulation,
    (iii) contains malware, viruses, Trojan horses, spyware, worms, or other malicious or harmful code, or (iv) contains any sensitive prohibited information. Effect of Termination. Upon the effective date of termination, We may terminate Your and
    Your User’s use of the Service. WARRANTY DISCLAIMER THE SERVICE IS PROVIDED ON AN “AS IS” AND “WITH ALL FAULTS” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL WARRANTIES ARE DISCLAIMED, INCLUDING BUT NOT LIMITED TO THE IMPLIED
    WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. LIMITATION OF LIABILITY IN NO EVENT SHALL WE BE LIABLE TO YOU UNDER ANY CAUSE OR ACTION (INCLUDING CONTRACT, NEGLIGENCE, TORT OR STRICT LIABILITY) ARISING FROM OR OUT OF THIS
    AGREEMENT FOR (a) ANY CONSEQUENTIAL, SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR EXEMPLARY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOST PROFITS, AND (b) ANY DIRECT DAMAGES. THE LIMITATIONS SET FORTH IN THIS SECTION ARE INDEPENDENT OF ANY
    LIMITED REMEDY SET FORTH HEREIN, SHALL APPLY WHETHER OR NOT A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND SHALL APPLY NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. YOU AGREE THAT OUR LIMITATION OF
    LIABILITY IS APPROPRIATE GIVEN THE FREE NATURE OF SERVICE. SOME DISCLAIMERS AND EXCLUSIONS DO NOT APPLY TO YOU SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR
    CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. INDEMNIFICATION You shall at Your expense indemnify and defend Us against any claim brought by a
    third party against Us alleging that the Data infringes the rights of any third party. We shall provide prompt notice of any claim for which defense is sought hereunder and will provide You with sole control of the defense against any such claim,
    provided that You may not enter into a settlement requiring Us to make payment, take an action, or refrain from acting without Our consent, which shall not be unreasonably withheld, conditioned or delayed. NOTICES To You. Except as otherwise set
    forth herein, notices made by Us to You under this Agreement that affect Our customers generally (e.g., notices of amended and incorporated policies...) will be posted on the website associated with the Service. Notices made by Us under this
    Agreement to You or Your account specifically (e.g., notices of breach) will be provided to You via the email address provided to Us during the Your ordering process. You must keep Your email address current, and You will be deemed to have
    received any email sent to any such email address, upon Our sending the email, whether or not You actually receive the email. To Us. You may submit general questions regarding the Service to the email address provided on Our website associated
    with the Service. Formal legal notices (e.g. notice of breach, etc.) should be sent to: Appian Corporation Attention General Counsel 7950 Jones Branch Drive, McLean, Virginia 22102 (USA) We may update this address by posting a notice of an
    updated address on our general website. Language. All communications and notices to be made or given pursuant to this Agreement shall be in the English language. GOVERNING LAW AND DISPUTE RESOLUTION The law governing this Agreement and associated
    dispute resolution process shall be determined by Your location, as described below. United States, Canada or Latin America. If You are located in the United States, Canada or Latin America, the validity, construction, and interpretation of this
    Agreement and the rights and duties of the Parties hereto, shall be governed by the laws of the Commonwealth of Virginia, excluding its principles of conflict of laws, and the controlling laws of the United States of America. This Agreement will
    not be governed by the United Nations Convention of Contracts for the International Sale of Goods, the application of which is hereby expressly excluded. Any controversy or claim arising out of or relating to this Agreement, or the breach
    thereof, shall be settled by arbitration in the County of Fairfax, Virginia in accordance with the Rules of the American Arbitration Association (“AAA”) by a single arbitrator to be designated by AAA, and judgment upon the decision rendered by
    the arbitrator may be entered in any court having jurisdiction thereof. Any decision by the arbitrator shall be final and binding, and except in cases of fraud or gross misconduct by the arbitrator, the decision rendered shall not be appealable.
    The prevailing Party in the arbitration proceeding shall be entitled to recover attorney’s fees, all reasonable out-of-pocket costs and disbursements, as well as any and all charges which may be made for the arbitration’s cost and the fees of the
    arbitrator. Europe, Middle East, or Africa. If You are located in Europe, the Middle East, or Africa the validity, construction, and interpretation of this Agreement and the rights and duties of the Parties shall be governed by the law of England
    and Wales, excluding its principles of conflict of laws. This Agreement will not be governed by the United Nations Convention of Contracts for the International Sale of Goods, the application of which is expressly excluded. Any controversy or
    claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by arbitration in the London, England as administered by the International Centre for Dispute Resolution (“ICDR”) in accordance with its International
    Arbitration Rules. The arbitration shall be conducted in the English language by a single arbitrator designated by the ICDR, and judgment upon the decision rendered by the arbitrator may be entered in any court having jurisdiction thereof. Any
    decision by the arbitrator shall be final and binding, and except in cases of fraud or gross misconduct by the arbitrator, the decision rendered by the arbitrator shall not be appealable. The prevailing Party in the arbitration proceedings shall
    be entitled to recover attorney’s fees, and all reasonable out of pocket costs and disbursements, including the cost of the arbitrator. Australia, New Zealand, and East or Southeast Asia. If You are located in Australia, New Zealand, or East or
    Southeast Asia, the validity, construction, and interpretation of this Agreement shall be governed by the laws of New South Wales, Australia, excluding its principles of conflict of laws. This Agreement will not be governed by the United Nations
    Convention of Contracts for the International Sale of Goods, the application of which is hereby expressly excluded. Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by arbitration in
    Sydney Australia conducted by the Australian Centre for International Commercial Arbitration (“ACICA’) in accordance with the ACICA Arbitration Rules. The arbitration shall be conducted in the English language by a single arbitrator designated by
    the ACICA, and judgment upon the decision rendered by the arbitrator may be entered in any court having jurisdiction thereof. Any decision by the arbitrator shall be final and binding, and except in cases of fraud or gross misconduct by the
    arbitrator, the decision rendered shall not be appealable. The prevailing Party in the arbitration proceeding shall be entitled to recover attorney’s fees, all reasonable out-of-pocket costs and disbursements, as well as any and all charges which
    may be made for the arbitration’s cost and the fees of the arbitrator. GENERAL Captions. The captions used in this Agreement are for convenience of reference only. They do not constitute a part of this Agreement and will not be deemed to limit,
    characterize or in any way affect any provision of this Agreement. All provisions of this Agreement will be enforced and construed as if no caption had been used. Force Majeure. Neither Party shall be liable to the other Party for any delay or
    failure to perform due to causes beyond its reasonable control and not caused by its fault or negligence. Performance times shall be considered extended for a period equivalent to the time lost because of any such delay. Survival. Provisions
    herein which by their nature extend beyond the termination of this Agreement shall remain in effect until fulfilled. Relationship. No joint venture, partnership, employment, or agency relationship exists between You and Us as a result of this
    Agreement or Your using the Service. Severability. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the
    intentions of the invalid or unenforceable provision(s), with all other provisions remaining in full force and effect. Waiver. A Party’s failure to enforce any right or provision in this Agreement shall not constitute a waiver of such right or
    provision unless acknowledged and agreed to by such Party in writing. Assignment. This Agreement may not be assigned by You without Our prior written approval but may be assigned without Your consent by Us to (a) a parent or subsidiary, (b) an
    acquirer of assets, or (c) a successor by merger. Any purported assignment in violation of this section shall be void. Integration. This Agreement is the final, complete and exclusive agreement between You and Us relating to the subject matter
    hereof, and supersedes any previous communications, representations or agreements between You and Us, whether oral or written, regarding transactions hereunder. SCHEDULE 1 Standard Features of the Platform That Have Been Disabled One Hosted
    Environment. Only one hosted environment of Platform is provided under this Agreement. Separate testing, development and production environments of the Platform are not available under this Agreement. DevOps Disabled. All DevOps features in the
    Platform are disabled. Linking of Multiple Environments Disabled. The feature of the Platform allowing multiple Appian environments to be linked has been disabled. Import/Export via Appian Designer and Admin Console Disabled. The feature of the
    Platform allowing for the export of applications, packages and settings files developed using the Platform to local ZIP files has been disabled. Similarly, the ability to import applications, packages and settings files via the admin console has
    been disabled. Import Restrictions. You may not import applications developed on a paid version or any other environment of Our business automation platform for use as part of the Service under this Agreement. CI/CD Tools. The features of the
    Platform allowing the Platform to be used with external CI/CD tools for advance development integrations has been disabled. Single Sign On (SSO) via LDAP and SAML configuration has been disabled. Service Specific Usage Restrictions. You are
    prohibited from using the Service outside of the following limitations. Maximum Number of Record Rows Synced in the Platform. You may sync up to the number of rows per record in the Platform that is specified in
    community.appian.com/p/community-edition-guide as this information may be updated by Us from time-to-time. Maximum Number of Platform Process Executions Per Day. You may use the Platform to execute up to the number of process executions in any
    24-hour period that is specified in community.appian.com/p/community-edition-guide as this information may be updated by Us from time-to-time. Maximum Number of Intelligent Document Processing Executions Per Day. You may use the Intelligent
    Document Processing feature of the Platform up to the number of times per day that is specified in community.appian.com/p/community-edition-guide as this information may be updated by Us from time-to-time. Appian’s Intelligent Document Processing
    feature can be configured to classify documents as a certain type (e.g. purchase order, invoice, receipt…) and to extract unstructured data from a document (e.g. extracting the purchase order number). Data Restrictions. You may not upload
    protected health information or payment card information to the Service. RPA Software Restrictions. You may use the RPA Software only on one of Your local or virtual computers. You may process up to the number of robotic processes per day under
    this Agreement that is specified in community.appian.com/p/community-edition-guide as this information may be updated by Us from time-to-time. A robotic process is comprised of all of the steps that a particular robot is configured to process
    each time the robot is “run”. Platform Instance Usage Restrictions. You may only use up to the percentage of the disk capacity of the instance infrastructure that you are provided in connection with the Platform under this Agreement that is
    specified in community.appian.com/p/community-edition-guide as this information may be updated by Us from time-to-time.. </div>
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Text Content

APPIAN COMMUNITY EDITION LICENSE AGREEMENT BY CLICKING THE “I ACCEPT” CHECKBOX
DISPLAYED AS PART OF THE ORDERING PROCESS, YOU AGREE TO THE FOLLOWING APPIAN
COMMUNITY EDITION LICENSE AGREEMENT (“AGREEMENT”). THIS AGREEMENT IS BETWEEN
APPIAN CORPORATION AND ITS AFFILIATES AND SUBSIDIARIES (“WE”, “US” OR “OUR”) AND
THE INDIVIDUAL ACCEPTING THIS AGREEMENT (“YOU” OR “YOUR”). IF YOU ARE ENTERING
INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT
THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY TO THIS AGREEMENT, IN WHICH CASE
THE TERMS “YOU” AND “YOUR” SHALL REFER TO SUCH ENTITY. YOU OR US MAY BE
INDIVIDUALLY REFERRED TO AS A “PARTY” OR COLLECTIVELY REFERRED TO AS THE
“PARTIES.” YOU MUST BE AT LEAST 18 YEARS OF AGE TO ACCEPT THIS AGREEMENT. IF YOU
DO NOT SATISFY THE FOREGOING REQUIREMENTS OR IF YOU DO NOT AGREE WITH THIS
AGREEMENT, YOU MAY NOT USE THE SERVICE. DEFINITIONS The terms defined in this
Section and any other capitalized terms defined in the other sections of this
Agreement have the meanings stated. “Data” means the data, information or
material that You and any Users submit to the Service under this Agreement. Data
shall not include anything initially provided to You by Us. “Documentation”
means the contents provided under the documentation section of the Appian
Community website, https://docs.appian.com, or other URL as notified to You by
Us in writing from time-to-time. “Platform” means the limited version of Our
baseline business process automation software platform (including all updates
and enhancements to the same) provided by Us to You under this Agreement. “RPA
Software” means a limited version of Our robotic process automation software
(including all updates, and enhancements to the same), that is provided by Us to
You under this Agreement, and which contains the following four components: (a)
the Appian RPA Console, a cloud based application used to deploy new robotic
processes, manage resources, review data and metrics, and configure platform
settings; (b) the Appian RPA Server, a cloud based service which executes
robotic processes and deploys RPA code; (c) the Appian RPA integrated developer
environment, locally installed software which allows for the development of
Appian RPA robots; and (d) Appian RPA Agents, locally installed software robots
that perform assigned tasks. “Service” means the Platform and the RPA Software,
collectively. “User” means You, if You are an individual, or Your employees,
contractors or subcontractors, if You are a corporate entity, all to the extent
having a user account in the Service allowing for authentication into the
Service. LICENSE License. During Your license to use the Service, We shall grant
up to 15 Users with a non-transferable, nonexclusive license, without right of
sublicense to: (a) access the cloud based elements of the Service (all elements
other than the locally installed elements of the RPA Software (Appian RPA
integrated development environment and RPA Agents)) via a username and password
over the Internet, and (b) install and to use the locally installed elements of
the RPA Software (Appian RPA integrated development environment and RPA Agents)
on Your computers. You may use the licenses provided under this Agreement for
Your internal business purposes, which may include evaluation or production
purposes. Service and Usage Limitations. Your license to use the Service under
this Agreement is without charge. The version of the Service provided under this
Agreement has limited features and functionality relative to Our standard
version of the Service, and Your use of the Service is subject to certain use
limitations that are more restrictive than our standard usage terms and
conditions. These limitations are described in the documentation provided to You
as part of the ordering process associated with the Service and in Schedule 1 of
this Agreement. These limits and restrictions are subject to change from
time-to-time at Our sole discretion. General Restrictions. Except to the extent
expressly authorized in this Agreement or in the Documentation, You may not: (i)
reverse engineer, disassemble, decompile or otherwise attempt to access or
determine the source code of the Service, (ii) operate the Service for use by
third parties or otherwise operate the Service on a service bureau basis, (iv)
modify, copy, reproduce or create a derivative from the Service, in whole or in
part, or (v) allow, permit or assist any party to do any of the foregoing. In
addition, You agree not to use the Service in circumstances in which errors or
inaccuracies in the content, functionality, services, data or information
provided by the Service or the failure of the Service, could lead to death,
personal injury, or severe physical or environmental damage. You may not use the
Service if You are Our competitor or to provide information about the Service to
Our competitors. Neither You nor Your Users may mask their identity when using
the Service. Users Accounts. User accounts may not be shared among individuals
or used to provide access to the Service to individuals who are not the
individual associated with the corresponding User account. Your
Responsibilities. You must use the Service in accordance with all applicable
laws. You are responsible for the password security of User accounts and the
level of access granted to an individual User by Your Service administrators, as
well as any other security configurations set by You in the Service. You are
responsible for any violation of this Agreement by Your Users. You shall
promptly report to Us any copying or distribution of the Service in violation of
this Agreement that is known or suspected by You and provide Us with reasonable
assistance to stop such violation. Intellectual Property Rights. The Service,
including all intellectual property rights therein, is licensed to You, not
sold, and shall remain Our property at all times. We retain all rights in the
Service not expressly provided to You under this Agreement. Opposition. You may
not contest, oppose or challenge Our rights in and to the Service, nor register
or attempt to register copyrights, trademarks, domain names or other
intellectual property rights in the Service in any jurisdiction. If You register
or attempt to register any rights in violation of this provision, at Our written
request and option, You will without cost to Us either withdraw any application
or registration or take steps to transfer and assign the registration to Us.
DATA. As between the Parties, the Data belongs to You. You are responsible for
responding to any notices sent to You (or any User) by any third party claiming
that the Data violates such party’s rights. You grant Us a worldwide,
irrevocable, royalty-free, nonexclusive, sublicensable right during the term of
this Agreement to use the Data in providing the Service. PERSONAL DATA AND
RECEIPT OF UPDATES FROM US By accepting this Agreement, You agree that Your name
and email address may be transferred, stored and/or processed in the United
States, outside the European Economic Area and potentially outside the
jurisdiction in which it was collected. All such transfer, storage and
processing shall be conducted pursuant to Our privacy policy available at
https://www.appian.com/privacy/. In addition, by accepting this Agreement, You
agree that we may send You newsletters, updates and other information about Us
and Our processing of Your personal information. You may amend the information
You receive from Us or opt out of receiving general commercial communications
from Us at any time at the following link:
https://go.pardot.com/emailPreference/e/epc/10342/MvA6a48fClQaNoJAdU4dgCiZYE1_jvINwamRyzkD1U0/1346.
CONFIDENTIALITY Confidential Information. “Confidential Information” means any
information disclosed in writing or orally by one Party (the “Discloser”) to the
other Party (the “Recipient”) and includes (a) information marked as
confidential, (b) the Service, and (c) information that is reasonably understood
to be confidential under the circumstances of disclosure or the nature of the
information disclosed. Non-Disclosure. The Recipient agrees to use the same
degree of care to avoid unauthorized use or disclosure of the Discloser’s
Confidential Information as it uses to protect its own information and data of
like importance, but in no event using less than a reasonable degree of care.
Acting in accordance with the foregoing standard, the Recipient agrees to
disclose the Discloser’s Confidential Information only to its employees or Users
(or, in the case of Us, authorized subcontractors) who (i) have a need to know
the same, and (ii) are subject to binding confidentiality obligations with the
Recipient that are at least as restrictive regarding limitations on use and
disclosure as those in this Section. Exceptions. The foregoing restrictions will
not apply to information that (a) is known to the Recipient at the time of
receipt, (b) has become publicly known through no wrongful act of the Recipient,
(c) has been rightfully received from a third party authorized to make such
communication without restriction, (d) has been independently developed by the
Recipient as evidenced by written records, (e) has been approved for release by
written authorization of the Discloser, or (f) is required by law to be
disclosed; provided that if the Recipient is required to disclose the
Discloser’s Confidential Information pursuant to an order under law, the
Recipient must, if lawful, promptly notify the Discloser and cooperate in all
reasonable respects with the Discloser’s requests in connection with obtaining a
protective order. Feedback. If during Your license to use the Service under this
Agreement You communicate to Us suggestions for improvements, ideas, enhancement
requests or other feedback in connection with the Service (“Feedback”), We shall
own all right, title, and interest in and to the same, even if You have
designated the Feedback as confidential, and We shall be entitled to use the
Feedback without restriction. TERM, TERMINATION AND SUSPENSION Term. This
Agreement is effective as of the date You accept this Agreement and shall
continue as long as You have access to the Service under this Agreement.
Termination. Either Party may terminate this Agreement at any time with written
notice to the other Party. Suspension. Upon providing You with written notice,
We may immediately suspend Your privilege to use the Service, which suspension
shall be without any liability to Us if We have reason to believe: (a) You or
Your Users are in breach of this Agreement or using the Service in any manner to
(i) interfere or attempt to interfere with the functionality or proper working
of the Service, including but not limited to participating in any flooding or
denial or service activities of any kind, or (ii) engage in, promote or
facilitate illegal activities; or (b) the Data (i) infringes, violates or
misappropriates any rights of Us or any third party; (ii) constitutes
defamation, invasion of privacy or publicity, or otherwise violates any
applicable law or regulation, (iii) contains malware, viruses, Trojan horses,
spyware, worms, or other malicious or harmful code, or (iv) contains any
sensitive prohibited information. Effect of Termination. Upon the effective date
of termination, We may terminate Your and Your User’s use of the Service.
WARRANTY DISCLAIMER THE SERVICE IS PROVIDED ON AN “AS IS” AND “WITH ALL FAULTS”
BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL WARRANTIES ARE
DISCLAIMED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. LIMITATION OF LIABILITY IN
NO EVENT SHALL WE BE LIABLE TO YOU UNDER ANY CAUSE OR ACTION (INCLUDING
CONTRACT, NEGLIGENCE, TORT OR STRICT LIABILITY) ARISING FROM OR OUT OF THIS
AGREEMENT FOR (a) ANY CONSEQUENTIAL, SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR
EXEMPLARY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOST PROFITS, AND
(b) ANY DIRECT DAMAGES. THE LIMITATIONS SET FORTH IN THIS SECTION ARE
INDEPENDENT OF ANY LIMITED REMEDY SET FORTH HEREIN, SHALL APPLY WHETHER OR NOT A
PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND SHALL APPLY
NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. YOU
AGREE THAT OUR LIMITATION OF LIABILITY IS APPROPRIATE GIVEN THE FREE NATURE OF
SERVICE. SOME DISCLAIMERS AND EXCLUSIONS DO NOT APPLY TO YOU SOME JURISDICTIONS
DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION
OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OR ALL
OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE
ADDITIONAL RIGHTS. INDEMNIFICATION You shall at Your expense indemnify and
defend Us against any claim brought by a third party against Us alleging that
the Data infringes the rights of any third party. We shall provide prompt notice
of any claim for which defense is sought hereunder and will provide You with
sole control of the defense against any such claim, provided that You may not
enter into a settlement requiring Us to make payment, take an action, or refrain
from acting without Our consent, which shall not be unreasonably withheld,
conditioned or delayed. NOTICES To You. Except as otherwise set forth herein,
notices made by Us to You under this Agreement that affect Our customers
generally (e.g., notices of amended and incorporated policies...) will be posted
on the website associated with the Service. Notices made by Us under this
Agreement to You or Your account specifically (e.g., notices of breach) will be
provided to You via the email address provided to Us during the Your ordering
process. You must keep Your email address current, and You will be deemed to
have received any email sent to any such email address, upon Our sending the
email, whether or not You actually receive the email. To Us. You may submit
general questions regarding the Service to the email address provided on Our
website associated with the Service. Formal legal notices (e.g. notice of
breach, etc.) should be sent to: Appian Corporation Attention General Counsel
7950 Jones Branch Drive, McLean, Virginia 22102 (USA) We may update this address
by posting a notice of an updated address on our general website. Language. All
communications and notices to be made or given pursuant to this Agreement shall
be in the English language. GOVERNING LAW AND DISPUTE RESOLUTION The law
governing this Agreement and associated dispute resolution process shall be
determined by Your location, as described below. United States, Canada or Latin
America. If You are located in the United States, Canada or Latin America, the
validity, construction, and interpretation of this Agreement and the rights and
duties of the Parties hereto, shall be governed by the laws of the Commonwealth
of Virginia, excluding its principles of conflict of laws, and the controlling
laws of the United States of America. This Agreement will not be governed by the
United Nations Convention of Contracts for the International Sale of Goods, the
application of which is hereby expressly excluded. Any controversy or claim
arising out of or relating to this Agreement, or the breach thereof, shall be
settled by arbitration in the County of Fairfax, Virginia in accordance with the
Rules of the American Arbitration Association (“AAA”) by a single arbitrator to
be designated by AAA, and judgment upon the decision rendered by the arbitrator
may be entered in any court having jurisdiction thereof. Any decision by the
arbitrator shall be final and binding, and except in cases of fraud or gross
misconduct by the arbitrator, the decision rendered shall not be appealable. The
prevailing Party in the arbitration proceeding shall be entitled to recover
attorney’s fees, all reasonable out-of-pocket costs and disbursements, as well
as any and all charges which may be made for the arbitration’s cost and the fees
of the arbitrator. Europe, Middle East, or Africa. If You are located in Europe,
the Middle East, or Africa the validity, construction, and interpretation of
this Agreement and the rights and duties of the Parties shall be governed by the
law of England and Wales, excluding its principles of conflict of laws. This
Agreement will not be governed by the United Nations Convention of Contracts for
the International Sale of Goods, the application of which is expressly excluded.
Any controversy or claim arising out of or relating to this Agreement, or the
breach thereof, shall be settled by arbitration in the London, England as
administered by the International Centre for Dispute Resolution (“ICDR”) in
accordance with its International Arbitration Rules. The arbitration shall be
conducted in the English language by a single arbitrator designated by the ICDR,
and judgment upon the decision rendered by the arbitrator may be entered in any
court having jurisdiction thereof. Any decision by the arbitrator shall be final
and binding, and except in cases of fraud or gross misconduct by the arbitrator,
the decision rendered by the arbitrator shall not be appealable. The prevailing
Party in the arbitration proceedings shall be entitled to recover attorney’s
fees, and all reasonable out of pocket costs and disbursements, including the
cost of the arbitrator. Australia, New Zealand, and East or Southeast Asia. If
You are located in Australia, New Zealand, or East or Southeast Asia, the
validity, construction, and interpretation of this Agreement shall be governed
by the laws of New South Wales, Australia, excluding its principles of conflict
of laws. This Agreement will not be governed by the United Nations Convention of
Contracts for the International Sale of Goods, the application of which is
hereby expressly excluded. Any controversy or claim arising out of or relating
to this Agreement, or the breach thereof, shall be settled by arbitration in
Sydney Australia conducted by the Australian Centre for International Commercial
Arbitration (“ACICA’) in accordance with the ACICA Arbitration Rules. The
arbitration shall be conducted in the English language by a single arbitrator
designated by the ACICA, and judgment upon the decision rendered by the
arbitrator may be entered in any court having jurisdiction thereof. Any decision
by the arbitrator shall be final and binding, and except in cases of fraud or
gross misconduct by the arbitrator, the decision rendered shall not be
appealable. The prevailing Party in the arbitration proceeding shall be entitled
to recover attorney’s fees, all reasonable out-of-pocket costs and
disbursements, as well as any and all charges which may be made for the
arbitration’s cost and the fees of the arbitrator. GENERAL Captions. The
captions used in this Agreement are for convenience of reference only. They do
not constitute a part of this Agreement and will not be deemed to limit,
characterize or in any way affect any provision of this Agreement. All
provisions of this Agreement will be enforced and construed as if no caption had
been used. Force Majeure. Neither Party shall be liable to the other Party for
any delay or failure to perform due to causes beyond its reasonable control and
not caused by its fault or negligence. Performance times shall be considered
extended for a period equivalent to the time lost because of any such delay.
Survival. Provisions herein which by their nature extend beyond the termination
of this Agreement shall remain in effect until fulfilled. Relationship. No joint
venture, partnership, employment, or agency relationship exists between You and
Us as a result of this Agreement or Your using the Service. Severability. If any
provision of this Agreement is held by a court of competent jurisdiction to be
invalid or unenforceable, then such provision(s) shall be construed, as nearly
as possible, to reflect the intentions of the invalid or unenforceable
provision(s), with all other provisions remaining in full force and effect.
Waiver. A Party’s failure to enforce any right or provision in this Agreement
shall not constitute a waiver of such right or provision unless acknowledged and
agreed to by such Party in writing. Assignment. This Agreement may not be
assigned by You without Our prior written approval but may be assigned without
Your consent by Us to (a) a parent or subsidiary, (b) an acquirer of assets, or
(c) a successor by merger. Any purported assignment in violation of this section
shall be void. Integration. This Agreement is the final, complete and exclusive
agreement between You and Us relating to the subject matter hereof, and
supersedes any previous communications, representations or agreements between
You and Us, whether oral or written, regarding transactions hereunder. SCHEDULE
1 Standard Features of the Platform That Have Been Disabled One Hosted
Environment. Only one hosted environment of Platform is provided under this
Agreement. Separate testing, development and production environments of the
Platform are not available under this Agreement. DevOps Disabled. All DevOps
features in the Platform are disabled. Linking of Multiple Environments
Disabled. The feature of the Platform allowing multiple Appian environments to
be linked has been disabled. Import/Export via Appian Designer and Admin Console
Disabled. The feature of the Platform allowing for the export of applications,
packages and settings files developed using the Platform to local ZIP files has
been disabled. Similarly, the ability to import applications, packages and
settings files via the admin console has been disabled. Import Restrictions. You
may not import applications developed on a paid version or any other environment
of Our business automation platform for use as part of the Service under this
Agreement. CI/CD Tools. The features of the Platform allowing the Platform to be
used with external CI/CD tools for advance development integrations has been
disabled. Single Sign On (SSO) via LDAP and SAML configuration has been
disabled. Service Specific Usage Restrictions. You are prohibited from using the
Service outside of the following limitations. Maximum Number of Record Rows
Synced in the Platform. You may sync up to the number of rows per record in the
Platform that is specified in community.appian.com/p/community-edition-guide as
this information may be updated by Us from time-to-time. Maximum Number of
Platform Process Executions Per Day. You may use the Platform to execute up to
the number of process executions in any 24-hour period that is specified in
community.appian.com/p/community-edition-guide as this information may be
updated by Us from time-to-time. Maximum Number of Intelligent Document
Processing Executions Per Day. You may use the Intelligent Document Processing
feature of the Platform up to the number of times per day that is specified in
community.appian.com/p/community-edition-guide as this information may be
updated by Us from time-to-time. Appian’s Intelligent Document Processing
feature can be configured to classify documents as a certain type (e.g. purchase
order, invoice, receipt…) and to extract unstructured data from a document (e.g.
extracting the purchase order number). Data Restrictions. You may not upload
protected health information or payment card information to the Service. RPA
Software Restrictions. You may use the RPA Software only on one of Your local or
virtual computers. You may process up to the number of robotic processes per day
under this Agreement that is specified in
community.appian.com/p/community-edition-guide as this information may be
updated by Us from time-to-time. A robotic process is comprised of all of the
steps that a particular robot is configured to process each time the robot is
“run”. Platform Instance Usage Restrictions. You may only use up to the
percentage of the disk capacity of the instance infrastructure that you are
provided in connection with the Platform under this Agreement that is specified
in community.appian.com/p/community-edition-guide as this information may be
updated by Us from time-to-time..

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