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member, or any person that resides in your premises; (c) any third party who hosts the Software on your
<br />behalf under an agreement with you for such hosting (e.g., IT outsourcer) and who has read and agreed to
<br />abide by the terms of the Agreement; and (d) any other person who Kaseya authorizes in writing.
<br />1.7. "Confidential Information" means information that is disclosed by one party to the other and that the
<br />receiving party knows is confidential to the disclosing party or that is of such a nature that someone familiar
<br />with the type of business of the disclosing party would reasonably understand is confidential to it.
<br />Confidential Information includes the financial and business information and trade secrets of a parry.
<br />Notwithstanding the foregoing, Confidential Information does not include information that the receiving
<br />party can demonstrate: (a) is in the public domain or is generally publicly known through no improper
<br />action or inaction by the receiving parry; (b) was rightfully in the receiving party's possession or known by
<br />it prior to receipt from the disclosing parry; (c) is rightfully disclosed without restriction to the receiving
<br />party by a third party without violation of obligation to the disclosing party; or (d) is independently
<br />developed by the receiving party without use of the Confidential Information of the disclosing party.
<br />1.8. "Customer Data" means any and all of your data, information and materials that are uploaded by or for you
<br />or that are accessed by Kaseya in connection with your use or Kaseya's provision of the Software or
<br />Services, including Personal Information, photographs, caricatures, illustrations, designs, icons, articles,
<br />audio clips, trademarks, logos, and video clips, but excluding Submissions or Usage Data.
<br />1.9. "Documentation" means the installation guide, user and technical manuals, training materials, maintenance
<br />and support policies, specifications, and trademark and copyright attributions pertaining to the Software or
<br />Services and made available to you by Kaseya or a Kaseya authorized distributor with respect to the
<br />Software or Services in any manner, including via Website or electronically, as may be updated or amended
<br />by Kaseya from time to time. Documentation also includes Kaseya's EULATOS and applicable Order
<br />Form(s) and SOW(s).
<br />1.10. "Handheld Product" means any wireless mobile handheld communications device for which the Software
<br />has been designed, developed and made publicly available. A list of the Handheld Products for which the
<br />Software has been designed, developed and made publicly available can be found at http://roverapps.conV
<br />retriever -mobile/.
<br />1.11. "Hosted System" means a computer system on which Kaseya Server Software is installed and made
<br />available for remote use by third parties (whether such use is internal only or involves the provision of
<br />services by the third party to others).
<br />1.12. "Kaseya Entity" or "Kaseya Entities" means Kaseya and any licensors and suppliers providing any part of
<br />the Software or Services; and all subsidiaries, Affiliates, officers, employees, consultants, and agents of any
<br />of the foregoing.
<br />1.13, "Kaseya Server" means the centralized Kaseya Software platform that is required to enable other Software
<br />components to function.
<br />1.14. "Kaseya Traverse Software" means Software that is manufactured by Kaseya Traverse, Inc.
<br />1.15. "Marks" means Kaseya or Kaseya-licensed trademarks, logos, symbols, and names.
<br />1.16. "Named User" means only the individual designated and identified by name who is authorized to use the
<br />applicable Software or Services.
<br />1.17. "Order Form(s)" means the Kaseya form evidencing your order, and which may specify, among other
<br />things, the number of Software or Service licenses and other services purchased, the applicable fees, the
<br />billing period, the Installment Schedule, Term and other items, each such Order Form to be incorporated
<br />into and to become a part of the Agreement; and depending on the Software or Services ordered, the Order
<br />Form may be completed online, may be your invoice or billing statement, or may be an SOW.
<br />1.18. "Restricted Territory" means any country subject to embargo or sanctions by the United States Department
<br />of the Treasury's Office of Foreign Assets Control ("OFAC").
<br />1.19. "Kaseya Desktop Software" means the proprietary personal computer software that is transmitted,
<br />distributed or otherwise made available by Kaseya for use on a personal computer or server, which can be
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