Product Terms and Conditions – Canada

Trial Licenses and Trial Subscriptions: Exhibit A (DEFINITIONS)

“Agent Software” means that Licensed Software identified as agent software on EVault’s price list.

“Customer Data” means any data, information and other materials generated by the Users’ use of the Licensed Software and that is stored by EVault as a part of the Services.

“End-User Client Software” means that Licensed Software licensed to Customer to install and use on servers and Users’ computers that are being backed up, as indicated in the applicable Documentation, including, without limitation, Agent Software and Plug-in Software.

“ICC” has the meaning set forth in Section 10.4.

“Intellectual Property Rights” mean copyright rights, trademark rights, patent rights, trade secrets, moral rights, right of publicity, authors’ rights, contract and licensing rights, goodwill and all other intellectual property rights as may exist now and/or hereafter come into existence and all renewals and extensions thereof, regardless of whether such rights arise under the law of the United States, Canada or any other state, country or jurisdiction.

“Licensed Software” means the machine-readable, object-code version of EVault’s proprietary software, including all related Documentation and any modified, updated or enhanced versions of the program that EVault may provide to Customer. Licensed Software does not include any Third Party Software offered under a third party license agreement.

“Order Form” means the ordering documents, in a form specified by EVault, signed and submitted by Customer to EVault.

“Password” has the meaning set forth in Section 3.2.

“Plug-in Software” means that Licensed Software identified as a software plug-in on EVault’s price list.

“Rules” has the meaning set forth in Section 10.4.

“Services” means the provision of access over the Internet to the functionality of the Licensed Software running on the EVault System.

“System” means the computer hardware and software (including, without limitation, the Licensed Software and other software applications, software interfaces, operating system and databases), data storage and all other resources (including, without limitation, telecommunications equipment) used by EVault to make Licensed Software and Customer Data available to, and usable by, Customer via the Internet.

“Termination Date” means that date thirty (30) days following the effective date set forth in the Order Form or the date the Trial Period is terminated by either party, whichever is earlier.

“Third Party Software” means any software, licensed as a stand alone product or as a part of another software, that is not owned by EVault or its subsidiaries.

“Trial Period” means that period of time commencing on the effective date set forth in the Order Form and ending on the Termination Date, which shall not exceed thirty (30) days.

“Users” means Customer’s employees, contractors and agents.

“WinPE” has the meaning set forth in Section 4.2.

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