“Agent Software” means that Licensed Software identified as agent software on EVault’s price list.
“Agreement” means the Order Form and these Product Terms.
“Claim” means a claim, suit or other similar proceeding.
“Confidential Information” means (a) any confidential, proprietary or trade secret information of the disclosing party (“Discloser”) that if in tangible form is marked as confidential, secret or with a comparable legend or if disclosed orally or visually is identified as confidential at the time of disclosure; and (b) discussions relating to such information. Discloser shall use reasonable efforts to mark its confidential information in tangible form as confidential; however, tangible information that does not bear such a legend and the discussions relating thereto, will be protected hereunder as Confidential Information if the receiving party (“Recipient”) knew or should have reasonably known under the circumstances that the information is confidential. Customer Data is deemed to be Confidential Information.
“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 EVault Cloud Backup Service SBE.
“Documentation” means the then-current, generally available, written instructions, user guides, and user manuals for the Products, if applicable, whether in electronic, paper or other equivalent form, provided by EVault and in connection with any updates, modifications and improvements to the Products, regardless of form or media.
“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.
“EVault Cloud Backup Service SBE” means a subscription service that provides off-site automated data protection and recovery using Licensed Software running on the EVault System, which is accessed by Customer over the Internet.
“Executable Code” means the fully compiled version of a software program that can be executed by a computer and used by an end user without further compilation.
“Fees” has the meaning set forth in Section 4.1 of these Product Terms.
“Indemnified Parties” means the officers, directors, employees and agents of the party seeking indemnification.
“Intellectual Property Rights” means, collectively, all worldwide intellectual property rights in and to any works of authorship, moral rights, copyrights, trademarks, service marks, patents, designs, trade secrets and algorithms.
“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.
“Maintenance Release” means a Licensed Software release containing error corrections or minor enhancements, in Executable Code form, that is made commercially available by EVault and generally indicated by a change to the digit to the right of the first decimal point or a change in the digit to the right of the second decimal point (e.g., a change from version x.x.x to x.y.x or a change from version x.x.x to x.x.y) and any corrections and updates to the associated Documentation.
“New Version” means a Licensed Software release containing major new enhancements, features or functionality, in Executable Code form, that is made commercially available by EVault and generally indicated by a change in the digit to the left of the first decimal point (i.e., a change from version x.x.x to y.x.x) and the associated Documentation.
“Order Form” means the ordering documents, in a form specified by EVault, signed and submitted by Customer to EVault.
“Plug-in Software” means that Licensed Software identified as a software plug-in on EVault’s price list.
“Product Terms” means these Product Terms and Conditions – EVault Cloud Backup Service SBE.
“Products” means those products or services purchased or licensed by Customer from EVault as set forth in an Order Form, including the EVault Cloud Backup Service SBE, Licensed Software and Support Services.
“Regulatory Agencies” has the meaning set forth in Section 5.6 of these Product Terms.
“Service Effective Date” means with respect to the EVault Cloud Backup Service SBE, the date upon which EVault notifies Customer by e-mail or otherwise that installation is complete or the service is operational.
“Source Code” means the human-readable version of a software program than can be compiled into Executable Code.
“Support Services” means maintenance and technical support services provided by EVault for Products, as described in Exhibit A.
“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’s data available to, and usable by, Customer via the Internet.
“Taxes” has the meaning set forth in Section 4.4 of these Product Terms.
“Term” has the meaning set forth in Section 11.1 of these Product Terms.
“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.
“Users” means Customer’s employees, contractors and agents.