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This End-User License Agreement (the “Agreement”) is a binding legal contract between you and the entity or company that you represent (“You” or "Customer") and Kyligence USA, Inc. (“Kyligence”), and applies to your use of the Kyligence Software. Please read these terms carefully.
By taking any step (including, but not limited to, by clicking on the "Accept" button or downloading the Software) to set-up, install, access, or use the Software, you are unconditionally consenting to be bound by and are becoming a party to this Agreement. You represent that you have full legal authority to accept enter into this Agreement on behalf of Customer. If you do not agree with any of the terms or conditions of this Agreement, you may not use any portion of the Software. If these terms of this Agreement are considered an offer, acceptance is expressly limited to these terms.
The “Effective Date” of this Agreement is the earliest to occur of the date you accept this Agreement, or the date you first access or use any Software.
Capitalized terms used but not otherwise defined in this Agreement have the meanings set forth in Exhibit A.
“Affiliate” means a corporation, partnership or other entity controlling, controlled by or under common control with such party, but only so long as such control continues to exist. For purposes of this definition, “control” means ownership, directly or indirectly, of greater than fifty percent (50%) of the voting rights in such entity (or, in the case of a noncorporate entity, equivalent rights).
“Business Purpose” means Customer’s use of the Kyligence Software in support of Customers products for its own internal business purposes on systems, networks and devices used by Customer.
“Delivery” means the date of Kyligence’s initial delivery of the license key for the applicable Software or otherwise making the applicable Software available for download by Customer.
“Disabled Materials” means certain materials (including programs, modules or components, functionality, features, documentation, content or other materials) that may be contained in or provided with the Software as part of the delivery mechanism used by Kyligence, but that are disabled or hidden in Customer’s setting, because Customer either: (a) does not have the relevant license or license key, or (b) has not paid the applicable Subscription Fees, for those materials.
“Feedback” means all suggestions for improvement or enhancement, recommendations, comments, opinions, code, input, ideas, reports, information, know-how or other feedback provided by Customer (whether in oral, electronic or written form) to Kyligence in connection with Kyligence Software. Feedback does not include any User Information, unless specifically submitted or communicated by Customer to Kyligence as part of the Feedback.
“Free Software” means Kyligence Software that is provided to Customer by Kyligence without charge.
“Government” means an agency, department, or instrumentality of the United States government.
“Intellectual Property Rights” means all rights of the following types, under the laws of any jurisdiction worldwide: (a) rights associated with works of authorship, including exclusive exploitation rights, copyrights, and moral rights; (b) trade secret rights; (c) patent and industrial property rights; (d) other proprietary rights of every kind and nature; and (e) rights in or relating to registrations, renewals, extensions, combinations, divisions, and reissues of, and applications for, any of the above.
“Kyligence Software” or “Software” means Kyligence’s software product in the object code format that is made available to Customer by Kyligence, with any accompanying manuals and other documentation.
“Licensed Capacity” means the maximum usage of the Software that is permitted under the type of license as specified by Kyligence during the purchase process.
“Subscription Term” means the subscription term as specified by Kyligence during the purchase process, or if the term is not specified, a 12-month term from the effective date of the applicable purchase date.
"User Information" means any information (i) uploaded into the Kyligence Software by Customer, or (ii) generated from Customer’s use of the Software that is stored in Customer’s servers and information systems, in each case, related to the internal business practices, customers or other non-public information of Customer or its Affiliates.
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