6.3 Changes. Workday reserves the right, in its sole discretion, to modify or replace the terms of this Agreement at any time. It is your responsibility to periodically review the Agreement for changes. Your continued use of the Site following the posting of any changes to the Agreement constitutes acceptance and acceptance of those changes. Any software downloaded from the Site for or on behalf of the United States of America, its agencies and/or instruments (“United States Government”) has limited rights. Use, duplication, or disclosure by the U.S. Government is subject to the restrictions set forth in paragraph (c) (1)(ii) of the “Rights in Technical Data and Computer Software” clause in DFARS 252.227-7013 or subsections (c)(1) and (2) of the Commercial Computer Software – Restricted Rights in 48 CFR 52.227-19. The manufacturer is Workday Inc., 6110 Stoneridge Mall Road, Pleasanton, CA 94588, USA. “Services” means Workday`s online provisioning software product and related services that may be made available to you by Workday, including third-party software incorporated therein, all updates and upgrades. If APIs are available on the Site without a separate license agreement, Workday hereby grants you a limited, non-exclusive, non-sublicensable, non-transferable license to use the APIs exclusively for the benefit of Workday customers. You assume all liability arising from the use of the APIs. Workday is not committed to ensuring the continued availability of the APIs and you have no rights to version enhancement or support of any kind.
Workday may revise or discontinue the provision of APIs at any time, in Workday`s sole discretion, without notice. NOTWITHSTANDING THE FOREGOING, COPYING OR REPRODUCTION OF THE APIS FOR FURTHER DISTRIBUTION IS EXPRESSLY PROHIBITED. 11.1 Entire Agreement. The Agreement constitutes the entire agreement between Supplier and Workday in connection with Products purchased under an Order and supersedes all prior and contemporaneous agreements, understandings, negotiations and discussions, whether oral or written. Any language or arrangement contained in the Parties` electronic or digital communications or on Supplier`s website, in product plans or proposals, order documents, product packaging or other documentation, or in any of Supplier`s “Shrinkwrap”, “Clickwrap”, “Browsewrap” or Reseller agreements will be invalid and ineffective if such language or provision: (a) conflicts with the terms of the Agreement; (b) extend Workday`s responsibilities and/or obligations, and (c) limit or otherwise modify Workday`s rights. In the event of any conflict or conflict between the terms of these Terms and the terms of an Order, the terms of these Terms shall prevail. While Workday is a SaaS solution, implementation is a serious endeavor that often costs in the seven-figure range for large enterprises. As with any software purchase, it is possible to make your best offer on the first purchase.
Be sure to think about how you want your contract to behave for at least the first six years (Workday usually signs three-year contracts, and the first 3 years pass quickly!). 6.1 Notices. You agree to receive from Workday electronically all communications, including notices, agreements, legal disclosures, or other information in connection with the Site (collectively, the “Notices”). Workday may provide these communications by posting them on the Site or at the email address you provided to Workday. If you wish to withdraw your consent to receive communications electronically, you must stop using the Website. The Site contains a variety of information and resources, including, but not limited to, product descriptions, text, images, photos, documents, testimonials, logos, graphics, reports, software, download areas, communication forums, information about the web services application program (“API”) interface, and other tools (collectively, the “Materials”). These Terms govern your use of the Site and constitute the entire legal agreement between you and Workday in this regard. Certain components of the materials offered through the Site may be subject to additional or different terms, conditions and notices. In the event of any objection, these additional or different terms, conditions and notices shall prevail over these terms.
Please refer to the relevant agreement or notice. .