|
immediately pay Kaseya for all amounts due through the effective date of termination, cancellation or
<br />expiration; (e) all sections of the Agreement other than the license grant in Section 2 shall survive; and (f)
<br />except where you terminate for Kaseya's breach, you agree to pay any future Installment or Subscription
<br />payments due for the entire Installment Schedule or Subscription Term, as applicable, as consideration for
<br />pricing accommodations and other consideration and as a fair approximation of damages and not as a
<br />penalty. Any payments due under the Agreement will be immediately due and payable and can be charged
<br />by Kaseya against any of your credit cards on file without farther prior authorization from you, and you
<br />agree not to dispute any such charge therefor.
<br />PRIVACY & SECURITY. YOUR DATA SERVICE SUSPENSION
<br />7.1. Personal Information; Privacy Statement. By submitting Personal Information about you and/or your
<br />Authorized Users, to Kaseya and/or its affiliated companies, you consent to the collection, use, processing,
<br />transmission, and/or disclosure of such information by Kaseya and/or its affiliated companies, and you
<br />warrant that you have obtained all consents necessary under applicable law from your Authorized Users to
<br />disclose their Personal Information to Kaseya and/or its affiliate companies, and for Kaseya and/or its
<br />affiliated companies to collect, use, process, transmit, and/or disclose such Personal Information, for: (a)
<br />the internal use of Kaseya and its affiliated companies, including developing new services and enhancing
<br />existing services and product offerings; (b) any purpose related to the billing, activation, provision,
<br />maintenance, deactivation and/or your and/or your Authorized Users' use of the Service or the Software
<br />and/or related products and/or services; (c) providing you and/or your Authorized Users with upgrades or
<br />updates to the Service and the Software, notice of upgrades or updates, and/or related products and/or
<br />services; (d) any purposes permitted or required by any applicable law; and/or (e) any of the other purposes
<br />which are set out in Kaseya's then current Privacy Statement, which can be accessed at the Website via
<br />httn //wwwkaseya com/companv/privacy-statement aspx ("Privacy Statement"). In addition, you
<br />understand, acknowledge and agree that Customer Data, including any Personal Information, may be stored,
<br />transferred and processed by any Kaseya Entity in any country in which any of the Kaseya Entities maintain
<br />facilities or personnel, and you consent to any such storage, transfer and processing of information outside
<br />of your country. The collection, use, processing, transmission and/or disclosure of your or your Authorized
<br />Users' Personal Information for the purposes noted above shall be in accordance with the Privacy Statement
<br />and applicable privacy laws. You hereby acknowledge that you have accessed and read the Privacy
<br />Statement and that it is a part of the Agreement. Kaseya reserves the right to modify the Privacy Statement
<br />from time -to -time in its sole discretion and you agree to regularly review the Privacy Statement for any
<br />updated information. Notwithstanding the amendment process set forth in this EULATOS, the Privacy
<br />Statement may be updated as set forth in the Privacy Statement. The parties hereto acknowledge and agree
<br />that the Privacy Statement, as may be modified from time to time by Kaseya, is incorporated into the
<br />Agreement by this reference.
<br />7.2. Account Information and Customer Data. Kaseya does not claim ownership of any of Customer Data.
<br />You hereby grant to Kaseya a nonexclusive, worldwide, royalty -free, fully -paid, transferable license to host,
<br />cache, record, copy, and display Customer Data solely for the purpose of providing the Software or
<br />Services. Except as set forth in the Agreement, as between you and Kaseya, you retain all right, title, and
<br />interest in and to Customer Data. You, not Kaseya, shall have sole responsibility for the accuracy, quality,
<br />integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use Customer
<br />Data, and you agree that Kaseya shall not be responsible or liable for the unauthorized access to, alteration
<br />of, or deletion, correction, destruction, corruption, damage, loss or failure to secure or store Customer Data.
<br />You acknowledge -that you bear sole responsibility for adequate security, protection and backup of Customer
<br />Data. We strongly encourage you, where available and appropriate, to (a) use encryption technology and
<br />passwords to protect Customer Data from unauthorized access, and (b) routinely archive Customer Data.
<br />Kaseya reserves the right to refuse to post or to remove any information or materials, in whole or in part,
<br />that Kaseya believes in good faith to be unacceptable, undesirable, or in violation of the Agreement. Except
<br />for a termination for cause by Kaseya, for 30 (thirty) days after termination of the applicable Term, Kaseya
<br />will continue to make available to you Customer Data or other reports that are normally made available
<br />through the Software or Service. Other than as set forth in the preceding sentence, Kaseya has no obligation
<br />to provide any information (including Customer Data) to you in any specific format. Kaseya reserves the
<br />right to withhold, remove and/or discard Customer Data or other reports without notice for any breach,
<br />including, your non-payment.
<br />7.3. Representations and Warranties About Customer Data. You represent, warrant and covenant that: (a)
<br />you are the owner or authorized licensee of Customer Data and have the right to grant the rights set forth
<br />herein; and (b) you will not publish, post, upload, record, or otherwise distribute or transmit any data or
<br />other material that: (i) infringes or would infringe any copyright, patent, trademark, trade secret or other
<br />proprietary right of any party, or any rights of publicity or privacy of any party; (ii) violates any law, statute,
<br />ordinance, or regulation (including the laws and regulations governing export control, unfair competition,
<br />
|