This End User License Agreement (“EULA”), together with any applicable attachments (“Agreement”) is made and entered into as of _________________________, between Data Street Partners, LLC, a Limited Liability Company, with its principal place of business at
777 West Putnam Avenue Suite 300 Greenwich, CT 06830
and _________________, a _________ corporation, with its principal place of business at ______________.
PLEASE READ THIS END USER LICENSE AGREEMENT “EULA” OR “TERMS” CAREFULLY BEFORE USING ANY OFFERING PROVIDED BY DATA STREET PARTNERS, LLC. (“DSP”). THE EULA AND APPLICABLE ATTACHMENTS ARE THE COMPLETE AGREEMENT REGARDING TRANSACTIONS UNDER THIS EULA. BY MUTUALLY EXECUTING ONE OR MORE ORDER FORMS WITH DSP WHICH REFERENCE THE EULA (EACH, AN “ORDER FORM”), CLIENT AGREES TO BE BOUND BY THE EULA (TOGETHER WITH ALL ORDER FORMS, THE “AGREEMENT”). YOUR USE OF (I) THE DSP SOFTWARE PRODUCT FOR ON-PREMISES DEPLOYMENT SET FORTH IN AN ORDER FORM (“LICENSED PRODUCT”) OR (II) THE HOSTED, SOFTWARE-AS-A-SERVICE VERSION OF THE DSP SOFTWARE PRODUCT SET FORTH IN AN ORDER FORM (“CLOUD SERVICE”), (COLLECTIVELY, “DSP OFFERING”), IS CONDITIONED ON, AND YOUR USE OF THE DSP OFFERING SHALL CONSTITUTE, ASSENT TO THE TERMS OF THIS AGREEMENT TO THE EXCLUSION OF ALL OTHER TERMS. IN ADDITION, ANY ONLINE ORDER FORM WHICH YOU SUBMIT VIA DSP’S STANDARD ONLINE PROCESS AND WHICH IS ACCEPTED BY DSP SHALL BE DEEMED TO BE MUTUALLY EXECUTED. IF THE TERMS OF THIS AGREEMENT ARE CONSIDERED AN OFFER, ACCEPTANCE IS EXPRESSLY LIMITED TO SUCH TERMS.
Affiliate: means each legal entity that is directly or indirectly controlled by you on or after the Effective Date and for so long as such entity remains directly or indirectly controlled by you (where “controlled” means the ownership of, or the power to vote, directly or indirectly, a majority of any class of voting securities of a corporation or limited liability company, or the ownership of any general partnership interest in any general or limited partnership).
Authorized User: means those licensed uniquely identified individuals who are authorized by you to install and/or use the Software regardless of whether those individuals are actively using the Software at any given time. Licenses granted on an Authorized User basis may be reassigned between uniquely identified individuals over time, but may not be reassigned so frequently as to enable the sharing of a single license between multiple users.
Contractor: means those independent third parties who perform services related to this Agreement for you, but solely to the extent they are acting on your behalf.
Customer Data: means data generated by you or your Authorized User and used by or imported into the Software, but excludes data generated by a Client Sublicensee unless such data is combined with your data or is relevant to your provision of services to such Client Sublicensee.
Documentation: means any supporting product help and technical specifications documentation provided by DSP with the Software to you. Documentation does not include white papers, community forums, training videos, tutorials, articles or other similar resources which may be made available for your convenience.
Effective Date: means the date of your first Ordering Document or the initial Delivery date of the Software (whichever is earlier).