BINDVIEW 2-2005 - Laserfiche WebLink

Home Browse Search

~ . . Counting Utility software Customer (or "you,,)l Customer-Provided Content Deliverablcs Delivery Date Documentation Example Includes Infringement Remedies License License Unit Licensed BPae Users Maintenance (or main- tenance subscription or maintenance support) Managed Order Fonn DEFINITIONS Utility software provided by us for counting the number of one or more categories of License Unit in your network. Ifwe provide the Counting Utility software separately from the Software, it shall be subject to the same warranties and remedies as though it had been provided as part of the Software. The company identified in an Order Fonn or Statement ofWark as purchasing onc or more Licenses, maintenance, andJor consulting services. Information that you enter into the BPOe System concerning your information-security program, for example, policies, standards, processes, awareness, training, etc. Materials to be delivered by BindView pursuant to an applicable Statement of Work. As to an item of Software licensed to you under an applicable Order Form, the date (or ifon multiple dates, the latest date) on which we and/or our authorized distributor or reseller sends you, by estab- lished air express courier or electronic transmission, and/or by FAX in the case oflicense codes, (i) the first version of such item of Software that is so licensed to you, and (ii) the license code(s) for the License granted to you for such first version. The user documentation that we provide with the Software, including any instructions for installing patches or upgrades. (in either upper. or lower case) See Section 22.13. (in either upper- or lower case) The tenn "includes" means "includes without limitation" unless ex. pressly stated otherwise. See Section 20. A license to use particular Software in respect ofa particular number of License Units. Your right to use the Software in respect of a License Unit may sometimes be referred to informally as a "license," e.g., the term "1,000 user.account licenses" means the right to use the Software for 1,000 distinct user accounts. Each distinct unit for which particular Software is licensed - for example, each distinct user account, server machine, employee, etc., as applicable to such Software - as defined in the Product-Specific Licensing Provisions (Appendix A) or in the applicable Order Form. See Section 14.1. (In upper or lower case) The right, as to particular Software and for adefmed period of time speci- fied in this Agreement (one year unless expressly agreed otherwise in writing), to receive Upgrades and technical support in accordance with the Maintenance Provisions of this Agreement. The term "manaQed", managing, etc., with reference to particular Software and to a particular indi- vidual License Unit, includes without limitation use of that Software to run a search ("query") which encompasses that individual License Unit, whether or not such License Unit actually satisfies the search criteria. HYPOTHETICAL EXAMPLE: Suppose that (i) you are licensed to use the Soft- ware to manage 1 0 servers, but you have 1 00 servers in your net\.\lork, (ii) you decide to use the Software to check which if any of your 100 servers have a particular characteristic, and (iii) it turns out that 9 ofthem do. In this hypothetical situation, you have used the Softv.'are in managing all 100 servers, not just the 9 servers. You therefore need to be licensed for aJlIOO servers. See Section 2.2. I Please do not change the definition of "Customer" to include your affiliates as lveil as you, because the applicable license agreement or consulting services agreement must be with a specific named entity. Depending on l'fhich optional provisions are incorporated into an Order Form, J'our affiliates may have extensive rights under this Agreement; see Section 23 below. BINDVIEW CUSTOMER AGREEMENT 95-3172 PAGE 2