Dealer entered into a certain End User License Agreement between Dealer and Sanctus, LLC doing business as Shift Digital (the "EULA"). Adpearance, Inc., an Oregon corporation dba Foureyes® is a Service Provider as that term is defined in the EULA (hereinafter "Service Provider"). The terms in this Foureyes® End User License Agreement ("Foureyes® EULA") supplement the terms of the EULA and the EULA remains in full force and effect.
Foureyes® helps a dealer optimize the sales process - from online advertisement to website visit to sales team activity (see Foureyes® Product Description). In order to provide this visibility, Dealer's access to Foureyes® requires the following:
Dealer agrees to provide Service Provider a CRM login and authorize Service Provider as an agent for the limited purpose of running/exporting CRM reports and to assist with lead management and sales process optimization. Service Provider may only use the data on the limited terms and conditions provided in this Foureyes® EULA and/or as may be required by applicable, laws, rules and regulations. Service Provider shall have no liability to Dealer or to any other third party in connection with Service Provider's services to Dealer and CRM use hereunder so long as such use is in accordance with the terms of this Foureyes® EULA.
Sales Process Optimization.
Foureyes® requires dealer sales team participation to be most effective. Dealer approves Service Provider providing regional Shift Digital and Kia Motors America, Inc. ("KMA") representatives with access to Dealer's Foureyes® account for the limited purpose of assisting the Dealer's sales and marketing teams with Foureyes® use. Service Provider uses anonymous, aggregate data to establish industry benchmarks and continuously enhance Foureyes® technology. Dealer grants Service Provider a perpetual non-exclusive license to the data for these uses. Otherwise, Service Provider will not disclose to third parties any customer or dealership information and will take reasonable measures to protect such information.
To the extent this Foureyes® EULA conflicts with the provisions of the EULA, this Foureyes® EULA shall control. Except as provided in this Foureyes® EULA, the Foureyes® Services are provided subject to the terms and conditions of the EULA, including, without limitation, the indemnification and limitation of liability provisions, all of which are incorporated herein by reference.