ATOMIC CANYON, INC. — MARKETPLACE TERMS OF PURCHASE
These Marketplace Terms of Purchase ("Terms") govern your access to and purchase of Atomic Canyon, Inc.'s software products and services ("Products") through the Microsoft Commercial Marketplace. By completing a purchase through the Marketplace, you ("Customer") agree to the following:
1. Separate Agreement Required. Access to and use of Atomic Canyon's Products is subject to a separate written agreement between Customer and Atomic Canyon, Inc. ("Master Sales Agreement"). These Terms do not constitute a license to use the Products, and no access will be provisioned until a Master Sales Agreement is fully executed.
2. Good Faith Negotiation. Atomic Canyon and Customer agree to negotiate the Master Sales Agreement in good faith following a Marketplace purchase. The Master Sales Agreement will address, at minimum: scope of license, permitted use, data privacy and security obligations, indemnification, liability limitations, and support terms.
3. Governing Terms. In the event of any conflict between these Terms and any other terms presented during the Marketplace transaction, the Master Sales Agreement (once executed) shall govern and control.
4. Refund. If the parties are unable to reach a mutually acceptable Master Sales Agreement, either party may terminate the Marketplace transaction and Customer will be entitled to a full refund of any amounts paid.
5. Contact. To initiate Master Sales Agreement negotiations, Customer should contact Atomic Canyon at: legal@atomic-canyon.com