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Contract Renewal - Kaseya
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Contract Renewal - Kaseya
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3/28/2025 1:01:10 PM
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7/12/2016 3:42:16 PM
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Board of Public Works
Document Type
Contracts
Document Date
7/12/2016
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used to provision and maintain synchronization between your Handheld Product and your personal <br />computer and provides other information integration functionality. <br />1.20. "Kaseya Handheld Software" means the proprietary software designed for use on an applicable Handheld <br />Product that is transmitted, distributed or otherwise made available by or on behalf of Kaseya from time -to - <br />time for use on a Handheld Product. <br />1.21. "Personal Information" means any personally identifiable information or data (including a name, email <br />address, telephone number, Handheld Product information and Airtime Service Provider information) <br />concerning or relating to a party's or its Affiliate's employees, customers or prospective customers, or any <br />information or data that a party collects or derives from interactions with the other party, such parry's <br />employees, customers or prospective customers, including, where applicable, any such information <br />contained within Customer Data. <br />1.22. "Service(s)" means (a) the Kaseya services set forth in the applicable Documentation and also includes such <br />Documentation or (b) the service provided by Kaseya or its subcontractors that enables communications <br />between the Kaseya Handheld Software and the Kaseya Desktop Software. <br />1.23. "Software" means Kaseya or Kaseya-distributed software in object code format, including any software <br />provided by Kaseya to access and use Services and the associated Documentation, but does not include any <br />open source software which cannot be licensed under this EULATOS and is therefore subject to its own <br />license. <br />1.24. "SOW(s)" means a statement of work, work order, or other similar document executed by Kaseya and you <br />which sets forth Services to be performed by Kaseya. <br />1.25. "Term" has the meaning set forth in Section 6.1. <br />1.26. "Territory" means the geographic region where Software and Services may be deployed and used for which <br />you have paid the applicable fees and unless otherwise agreed to by Kaseya in writing is the country where <br />you are invoiced for the applicable Software or Service. <br />1.27. "Third -Party Client" means a person or entity to whom you provide information technology services <br />through use of Software or Services where such services provided by you have sufficient added value so <br />that in each case: (i) the Third -Party Client would not reasonably purchase or otherwise acquire such <br />services for the purpose of obtaining the Kaseya Software or Services; and (ii) your services provided in <br />direct conjunction with the Software or Services cost the Third -Party Client a material amount above what <br />such Software or Service would cost if purchased directly from Kaseya. <br />1.28. "Third Party Components" means software, interfaces, and firmware, licensed by Kaseya from third parties <br />for incorporation into Software and distributed as a part of that Software. <br />1.29. "Updates" mean bug fixes, hot -fixes or other minor modifications to the Software which are not deemed by <br />Kaseya in its sole discretion to be an Upgrade. <br />1.30. "Upgrades" mean any modifications to the Software or Services which are not Updates as determined in <br />Kaseya's sole discretion such as those providing enhanced functionality or performance, or that otherwise <br />improve or add to, delete or otherwise modify any aspect of the Software. <br />1.31. "Usage Data" means any non -personally identifying information relating to or arising from the capabilities, <br />problems, successes, statistics, diagnostics, inventory, composition, configuration, performance (or lack <br />thereof) of. (a) the Software or Services; (b) Authorized Machines or any network to which an Authorized <br />Machine is connected; or (c) any software or hardware loaded on, comprising, or used in connection with or <br />otherwise related to any of the foregoing. <br />1.32. "Website" means http:L/www.kaseya.com and related Kaseya micro-site(s), or .regional or in country <br />websites applicable to you or the applicable Software or Services. <br />2. LICENSE AND RIGHT TO ACCESS. The Software and Services are the property of Kaseya or its licensors, <br />and are protected by law, including applicable copyright law. Although Kaseya or its licensors continue to own <br />the Software and Services, after your acceptance of the Agreement, you have license rights to the Software and <br />access rights to the Services during the Term all as set forth in the Agreement. Conditioned upon compliance <br />with the terms and conditions of the Agreement, Kaseya grants to you a nonexclusive and nontransferable <br />
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