Zendesk Agent Monitor (delisted)

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Zendesk Support Agent monitor

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Description from store Important: You need to sign up for the Event service before using this Chrome extension! The sign-up form is here: https://docs.google.com/forms/d/e/1FAIpQLSdbE-YO5aAR_YfQzLjipyHB8n4CPV51cZMgwYYaepE8SPxZaw/viewform Zendesk Agent Monitor tracks all agent page view events and sends it to our User Events service. Download it and try it out! To read more about the User Events service: https://develop.zendesk.com/hc/en-us/articles/360001844267-Getting-started-with-the-User-Events-API-early-access- The use of this Chrome extension is governed by the Zendesk Beta Agreement below. BETA TESTING AGREEMENT Last Updated: November 16, 2017 This Beta Testing Agreement (“Agreement”) is made between Zendesk and You. By accepting this Agreement or by using the Beta Tools (as defined below), You represent and acknowledge that You have read, understood, and agree to be bound by this Agreement. The Beta Tools made available to You pursuant to this Agreement may only be utilized and tested in association with a subscription to a Service (as that term is defined in the Master Subscription Agreement available at https://www.zendesk.com/company/customers-partners/#master-subscription-agreement (“Master Subscription Agreement”)). By entering into this Agreement, You represent and warrant that You have the authority to bind the owner, and all Agents authorized under the account for the Service (the “Account”) to the Agreement and that the Master Subscription Agreement (including any terms related to Deployed Associated Services) shall not apply to the Beta Tools. If the Account is owned, controlled or operated by or on behalf of a company or another legal entity, You represent that You have the authority to bind such entity and its affiliates to this Agreement, in which case the terms “You” shall refer to such entity and its affiliates. If You do not have such authority, or if You do not agree to the terms herein, You must not accept this Agreement. Capitalized terms used in this Agreement and not defined herein shall have the meaning set forth in the Master Subscription Agreement. Further, You acknowledge and agree that (a) Zendesk’s obligations with regard to any Deployed Associated Service, including but not limited to Advanced Security, Regional Data Hosting or Priority Support shall not apply to the Beta Tools; (b) Zendesk’s obligations, representations and warranties contained in a Data Processing Agreement that may have been executed between You and Zendesk shall not apply to the Beta Tools; and (c) Zendesk obligations with respect to any certifications, including but not limited to, SOC 2, SSAE-16, PCI DSS, ISO 27001 or HIPAA shall not apply to the Beta Tools. 1. SCOPE OF AGREEMENT You are being invited by Zendesk to test and provide feedback relating to one or more software applications, application platform interfaces, services, features and/or functionalities not yet available for public distribution in connection with Your Account (“Beta Tools”). This Agreement covers all Beta Tools made available to You by Zendesk, including, without limitation, those Beta Tools which are specifically identified by Zendesk as being in “Beta” or any similar stage of development. Zendesk shall retain sole and absolute discretion as to what, if any, Beta Tools will be made available to You. You are not required to utilize or enable any Beta Tools, but if You elect to do so, Your use of and access to any such Beta Tools shall be subject to the terms of this Agreement. Zendesk may charge for use and access to the Beta Tools or may provide the Beta Tools for no charge. Zendesk reserves the right to start charging or revise fee amounts at any time, at its sole discretion, under this Agreement or after the Beta Tools are made widely available and incorporated into a Service. The Beta Tools may integrate with third party services. You hereby consent to the sharing of the information in the Beta Tools with these third party services and certify that You have consent from End-Users for the same. 2. NON-DISCLOSURE 2.1 You acknowledge and agree that in permitting access to and use of the Beta Tools, Zendesk will be disclosing to You certain confidential, proprietary and/or trade secret information related to the Beta Tools or Zendesk (the “Confidential Information”). Such Confidential Information shall include, without limitation, any know how, trade secrets, computer programs, source code, flowcharts, diagrams, manuals, schematics, development tools, specifications, design documents, marketing information, financial information, business plans or reports made available to You. 2.2 You agree that You will not, without the express prior written consent of Zendesk, disclose any Confidential Information or any part thereof to any third party, except to the extent that such Confidential Information (a) is or becomes generally available to the public through any means other than as a result of any act or omission by You; (b) is rightfully received by You from a third party that is not subject to any obligation of confidentiality with respect thereto and without limitation as to its use; or (c) is independently developed by You without any reliance on any Confidential Information. 2.3 At the termination of this Agreement or at any time by request of Zendesk, You will return all Confidential Information in Your possession to Zendesk. You also agree that You will not duplicate, translate, modify, copy, print, disassemble, decompile or otherwise tamper with the Beta Tools or any Confidential Information. 3. RIGHTS TO ACCESS AND USE 3.1 You acknowledge that You shall have only a limited, nonexclusive, nontransferable, revocable, license to access and use the Beta Tools in connection with an Account that You control to test its functionality and provide Feedback to the Zendesk as requested. Your license to access and use the Beta Tools may be revoked at any time at the sole discretion of the Zendesk. 3.2 Zendesk reserves the right to enter (“assume into”) Your Account as needed to (i) monitor or measure Your use of the Beta Program; (ii) validate certain features or functionality of the Beta Program; and (iii) to provide services or support necessary to maintain the Beta Program. 4. FEEDBACK As reasonably requested by Zendesk, You will provide Zendesk with suggestions, recommendations and other feedback as to the usefulness and functionality of the Beta Tools You access and use (“Feedback”). You shall report to Zendesk, as soon as practical, any perceived defect in any such Beta Tool. Zendesk shall have a royalty-free, worldwide, transferable, sub-licensable, irrevocable and perpetual license to incorporate into the Beta Tools or a Service, or otherwise use, any suggestions, enhancement requests, recommendations or other Feedback the Zendesk receives from You, Agents or End Users. 5. TERMINATION Either party may terminate this Agreement upon written notice to the other party at any time in accordance with section 9 of the Agreement. If not earlier terminated, Your obligations pursuant to Section 3 shall terminate upon termination of this Agreement; provided that the foregoing shall not limit Zendesk’s rights pursuant to Section 4 as related to any Feedback provided before or after such termination. Sections 2, 5, 6, 7, 8, 9, 10, 11 and 12 and all obligations thereunder, shall survive any termination of this Agreement. 6. INTELLECTUAL PROPERTY RIGHTS Zendesk maintains all rights, title and interest in and to all its patents, inventions, copyrights, trademarks, domain names, trade secrets, know-how and any other intellectual property and/or proprietary rights (collectively, “Intellectual Property Rights”). The rights granted to You to access and use the Beta Tools under this Agreement do not convey any additional rights in the Beta Tools, or in any Intellectual Property Rights associated therewith. Subject only to limited rights to access and use the Beta Tools as expressly herein, all rights, title and interest in and to the Beta Tools and all hardware, software and other components of or used to provide the Beta Tools, including all related Intellectual Property Rights, will remain with and belong exclusively to the Zendesk. 7. ABSENCE OF WARRANTIES; ASSUMPTION OF RISK 7.1. All Beta Tools are prelease, are expected to contain defects which may be material and are not expected to operate at the level of performance or compatibility of a final, generally available product offering. Beta Tools may not operate correctly and may be substantially modified prior to public availability, or withdrawn at any time. Access to and use of the Beta Tools by You is entirely at Your own risk. In no event shall Zendesk be liable for any damage whatsoever arising out of the use of or inability to use Beta Tools, even if Zendesk has been advised of the possibility of such damages. YOU ARE ADVISED TO SAFEGUARD IMPORTANT DATA, TO USE CAUTION AND NOT TO RELY IN ANY WAY ON THE CORRECT FUNCTIONING OR PERFORMANCE OF ANY BETA TOOL. 7.2 ZENDESK MAKES NO WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO ANY BETA TOOL AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, ARE HEREBY DISCLAIMED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. 8. INDEMNITY You agree to indemnify and hold Zendesk and its affiliates harmless from any losses (including attorneys fees) that result from any claims by You or any third party related to Your access to and use of the Beta Tools, or any act or omission by You or any Agent in violation of this Agreement. 9. NOTICE All notices to be provided by Zendesk to You under this Agreement may be delivered in writing (a) by nationally recognized overnight delivery service (“Courier”) or US mail to the contact mailing address provided by You on any Form; or (b) electronic mail to the electronic mail address provided for Your Account owner. You must give notice to us in writing by Courier or US Mail to the following address: Zendesk, Inc., Attn: Legal Department, 1019 Market St., San Francisco, CA 94103 USA. All notices shall be deemed to have been given immediately upon delivery by electronic mail, or if otherwise delivered upon receipt or, if earlier, two (2) business days after being deposited in the mail or with a Courier as permitted above. 10. GOVERNING LAW This Agreement is to be governed by, construed and enforced according to the laws of the jurisdictions as indicated in the Master Subscription Agreement. 11. NO ASSIGNMENT You may not assign this Agreement without the prior written consent of Zendesk. Subject to the foregoing, the Agreement shall be binding upon the parties and their respective administrators, successors and assigns. 12. WAIVER; SEVERABILITY Failure of Zendesk to enforce a right under this Agreement shall not act as a waiver of that right or the ability to later assert that right relative to the particular situation involved. If any provision of this Agreement shall be found by a court to be void, invalid or unenforceable, the same shall be reformed to comply with applicable law or stricken if not so conformable, so as not to affect the validity or enforceability of this Agreement. 13. ENTIRE AGREEMENT This Agreement terminates and supersedes all prior understandings or agreements on the subject matter hereof. Zendesk may amend this Agreement from time to time in which case the revised Agreement will supersede prior versions. Continued use of the Beta Tools following the modification of the Agreement may be relied upon by Zendesk as Your agreement to the modifications.

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