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Kaseya End User License Agreement and Terms of Service ("EULATOS") IMPORTANT: PLEASE READ THIS EULATOS CAREFULLY AND PRINT IT OR GO TO HTTP:// WWW.KASEYA.COM/LEGAL.ASPX TO OBTAIN A DOWNLOADABLE COPY OF THE CURRENT VERSION OF THIS EULATOS TO MAINTAIN A COPY FOR YOUR RECORDS. THIS EULATOS, THE DOCUMENTATION (AS DEFINED BELOW), AND THE OTHER ITEMS INCORPORATED BY REFERENCE HEREIN AND THEREIN (COLLECTIVELY, THE "AGREEMENT") IS BETWEEN THE KASEYA ENTITY THAT ACCEPTS THE ORDER FORM FOR THE APPLICABLE SOFTWARE OR SERVICE ("KASEYA," OR "US") AND THE INDIVIDUAL OR LEGAL ENTITY DOWNLOADING, COPYING, INSTALLING, ORDERING, RECEIVING OR USING KASEYA OR KASEYA-SUPPLIED SOFTWARE OR SERVICES, OR THAT CLICKS THE "ACCEPT" BUTTON OR CHECK BOX DISPLAYED AS PART OF THE PROCUREMENT, COPY, INSTALLATION, UPGRADE OR UPDATE PROCESS ("YOU," OR "YOUR"). YOU MAY ENTER THE AGREEMENT WITH MULTIPLE KASEYA ENTITIES WITH RESPECT TO DIFFERENT SOFTWARE AND SERVICE ORDERS AND NO KASEYA ENTITY HAS THE RIGHT TO ENTER ANY CONTRACT ON BEHALF OF OR AS AGENT FOR ANY OTHER KASEYA ENTITY. IF YOU ARE ENTERING INTO THE AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY, IN WHICH CASE THE TERMS "YOU" OR "YOUR" SHALL REFER TO SUCH ENTITY. KASEYA IS WILLING TO LICENSE THE KASEYA OR KASEYA-SUPPLIED SOFTWARE AND/OR PROVIDE THE KASEYA OR KASEYA-SUPPLIED SERVICES TO YOU ONLY UPON THE CONDITION THAT YOU ACCEPT ALL THE TERMS CONTAINED IN THE AGREEMENT. BY DOWNLOADING, COPYING, INSTALLING, ORDERING, RECEIVING OR OTHERWISE USING KASEYA OR KASEYA-SUPPLIED SOFTWARE OR SERVICES, OR BY CLICKING THE "ACCEPT" BUTTON OR CHECK BOX DISPLAYED AS PART OF THE PROCUREMENT, INSTALLATION, UPGRADE OR UPDATE PROCESS, YOU ACCEPT AND AGREE TO BE BOUND BY THE AGREEMENT. YOU REPRESENT THAT YOU HAVE READ AND UNDERSTAND ALL OF THE PROVISIONS OF THE AGREEMENT. KASEYA OFFERS SOFTWARE AND SERVICES ONLY SUBJECT TO THE AGREEMENT AND THEREFORE YOU MUST ACCEPT THE AGREEMENT BEFORE YOU CAN DOWNLOAD, COPY, INSTALL, UPGRADE, UPDATE, ORDER, RECEIVE OR OTHERWISE USE KASEYA OR KASEYA-SUPPLIED SOFTWARE OR SERVICES. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THE AGREEMENT, THEN KASEYA IS UNWILLING TO OFFER, LICENSE, SELL OR PROVIDE THE KASEYA OR KASEYA-SUPPLIED SOFTWARE OR SERVICES TO YOU AND YOU MAY NOT DOWNLOAD, COPY, INSTALL, ORDER, RECEIVE OR USE THEM. 1. DEFINITIONS: All capitalized terms defined in the Agreement have the meanings as defined herein. In addition, as used in the Agreement the following terms shall be defined as set forth below: 1.1. "Airtime Service" means wide -area wireless network services and any other network services (including wireless local area network, satellite services and Internet services) required for your use of the Service. 1.2. "Airtime Service Provider" means the service provider of Airtime Services selected by you that supports the Service. 1.3. "Affiliate" means in relation to a party, any other entity which directly or indirectly Controls, is Controlled by, or is under direct or indirect common Control with that party from time to time. For the purpose of this definition, "Control" means that a party owns directly or indirectly more than 50% of the shares or equity instruments of the other party representing the right to vote on all or substantially all matters, including the election of directors. 1.4. "API" means the software application interfaces and workflow methods made generally available by Kaseya in certain Kaseya Traverse Software to enable integration, implementation and interoperability with third party hardware and software. 1.5. "Authorized Machine" means a machine in the Territory meeting the license restrictions herein and the minimum requirements set forth in the Documentation and for which you have paid the required fees. 1.6. "Authorized User(s)" means any of the following who you give permission to use the Software or access the Service: (a) any of your employees, consultants or independent contractors; (b) any friend or family