Harmony End User License Agreement

Last updated: 01-January-2025

Please read this End-User License Agreement ("Agreement") carefully before clicking the "I accept the terms in the License Agreement" button or using Harmony ("Application").

By clicking the "I accept the terms in the License Agreement" button or using the Application, you are agreeing to be bound by the terms and conditions of this Agreement.

If you do not agree to the terms of this Agreement, do not click on the "I accept the terms in the License Agreement" button and do not use the Application.

If you are downloading, installing, accessing, copying, uploading, or otherwise using Harmony as authored by Pencil 9: a) This Agreement is solely between you and Pencil 9; b) You create a direct relationship with Pencil 9 under the terms of this Agreement, independent of your relationship with any other third parties under the terms of agreements, or terms of use, governing your use of other generally available third party software products and services c) Your use of the Harmony is governed by the terms of this Agreement and not the terms of any other third party agreements, or terms of use, governing the use of other generally available third party software products and services.

Pencil 9 collects the following data:

• Personal identification information (name, company, email address and phone number for Harmony Admins only, name and company for all other users.)
• Internet protocol (IP) addresses, browser type, Internet Service Provider (ISP), date and time stamp, and referring/exit pages. These are not linked to any information that is personally identifiable.

Pencil 9 grants you a revocable, non-exclusive, non-transferable, limited license to download, install and use the Application strictly in accordance with the terms of this Agreement.

The Terms of Service cover your use and access to Harmony. If you use Pencil 9's Software as the employee or affiliate of an organization, you are accepting the Terms on behalf of that organization; you represent that you have authority to bind the organization. More information about can be found in our Terms of Service.

Pencil 9 reserves the right to modify, suspend or discontinue, temporarily or permanently, the Application or any service to which it connects, with or without notice and without liability to you.

This Agreement shall remain in effect until terminated by you or Pencil 9.

Pencil 9 may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice.

This Agreement will terminate immediately, without prior notice from Pencil 9, in the event that you fail to comply with any provision of this Agreement. You may also terminate this Agreement by deleting the Application and all copies thereof from your system(s).

Upon termination of this Agreement, you shall cease all use of the Application and delete all copies of the Application from your system(s).

If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Pencil 9 reserves the right, at its sole discretion, to modify or replace this Agreement at any time. If a revision is material we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

If you have any questions about this Agreement, please contact us at info@pencil9.com.