Please Read These Terms Of Service Carefully. The “Clouldlock Terms Of Service” Is An Agreement (The “Agreement”) Entered Into Between The Individual Or Customer Entity (“Customer”) Identified On Any Order For Services (Whether For Trial Or Subscription Services) Referencing This Agreement (Each An “Order”) And CloudLock, Inc., A Delaware Corporation With Offices At 203 Crescent Street, Waltham Ma 02453 (“Cloudlock”) Relating To The Cloudlock Services. By Customer Clicking Through This Agreement Electronically Or The Parties Entering Itno An Order Referencing This Agreement Or Customer Using The Services, Customer And Cloudlock Mutually Agree To Be Bound By The Terms And Conditions Hereof. Each Order Shall Be Mutually Agreed To And Entered Into Between Customer And Cloudlock Provided That If Customer Purchases The Services Through A Cloudlock Authorized Partner, The Order Shall Be The Order Entered Into Between Cloudlock And The Authorized Partner For Customer’s Use. If You Do Not Accept The Terms Of This Agreement, You Are Not Permitted Touse The Services.
If You Are Entering Into This Agreement As An Agent, Employee Or Representative Of Your Employer, The Term “Customer” Means Your Employer And/Or Any Other Party On Whose Behalf You Act, And You Represent And Warrant That You Have The Authority To Act On Such Party’s Behalf. If Your Organization Has Entered Into A Separate Written Agreement With Cloudlock Specifically Relating To The Delivery Of The Cloudlock Services, Then The Terms Of That Agreement Supersede Any Conflicting Terms In This Agreement.
“Affiliate” means any entity controlled by, controlling, or under common control with a party to this Agreement during the period such control exists, where “control” means the power to direct the operation, policies and management of an entity through the ownership of more than fifty percent (50%) of the voting stock of such entity. “CloudLock Use Policy” means CloudLock’s policy providing for the acceptable use of the Services, and “Documentation” means the CloudLock Use Policy, user guidelines and other user documentation related to the use or operation of the Services, each as made available by ClouldLock electronically via the Services or otherwise in writing. “Pre-Existing Intellectual Property” means any technical information, content, techniques, ideas, methods, processes, software, interfaces, utilities, data, documents, designs, user interfaces, know-how, patents, copyrights, trade secrets, trademarks, moral rights, intellectual property, information or materials of any kind (regardless of form) which has been or is acquired, created, developed or licensed by a party prior to or outside the scope of this Agreement and any improvement, modification or other derivative works thereof and all intellectual property rights therein. “Services” means the Services described in the Order (including any updates thereto provided by CloudLock in its sole discretion); any software and/or systems owned or controlled by CloudLock used to provide the Services; and the Documentation; and expressly excludes any third party service provider services or customer provided software or data.
(a) Services License. CloudLock shall provide the Services as described in an Order. Subject to the terms and conditions of this Agreement and subject to the payment of any applicable fees, CloudLock grants Customer, during the subscription term specified in an Order, a non-exclusive, non-transferable license (without the right to sub-license) to access and use the Services for Customer’s internal business purposes in accordance with the Documentation. In connection with such use, Customer shall have the right to allow its employees and contractors (“Authorized Personnel”) use the Services on Customer’s behalf. CloudLock owns all right, title and interest in its Services and in the CloudLock Pre-existing Property. Nothing in this Agreement shall be construed to grant Customer any rights in CloudLock’s Services beyond those expressly provided for herein.
(b) License Restrictions and Acceptable Use Guidelines. Customer shall not (directly or indirectly) (i) remove any notice of proprietary rights from the Services, (ii) reverse engineer, decompile, attempt to derive the source code or underlying ideas or algorithms of any part of the Services (except to the limited extent applicable laws specifically prohibit such restriction), attempt to recreate the Services or use the Services for any competitive purpose, (iii) copy, modify, translate or otherwise create derivative works of any part of the Services, or (iv) sell, resell, encumber, rent, lease, time-share, distribute, transfer or otherwise use or exploit or make available any of the Services to or for the benefit of any third party. Customer shall use the Services in full compliance with (a) the CloudLock Use Policy, (b) and any usage guidelines and acceptable use policies applicable to Customer’s usage of the Service and/or any cloud computing services delivered by a third party services provider (such as Google, Salesforce, etc) (“Cloud Provider”), and (c) all applicable laws and regulations, including without limitation, all laws and regulations applying to privacy and personal information.
(c) Customer Access to the Services. Customer is solely responsible for ensuring that only appropriate Authorized Personnel of Customer have access to the Services, that such Authorized Personnel have been trained in proper use of the Services, and for ensuring proper usage of passwords and access procedures. CloudLock reserves the right to refuse registration of, or to cancel, login IDs that violate the terms and conditions set forth in this Agreement. Customer agrees to notify CloudLock immediately upon learning of any unauthorized use of Customer’s account or any other breach of security relating to Customer’s use of the Services.
Customer owns all right, title and interest in all data and/or content created or provided by Customer, and in all data derived therefrom (“Customer Data”) excluding the Non-Identifiable Aggregated Data (as defined below). Nothing in this Agreement shall be construed to grant CloudLock any rights in Customer Data beyond those expressly provided herein. As between CloudLock and Customer, Customer shall retain possession of the Customer Data at all times and shall be responsible for backing up the Customer Data, except to the extent that Customer specifically authorizes CloudLock to create and store statistical meta data as expressly described below.. Notwithstanding any other restrictions on use of data in this or any other agreement (i) Customer grants CloudLock the limited, nonexclusive right to perform an automated content scan of Customer Data stored with Customer’s Cloud Provider solely for the purpose of providing the Services to Customer, (ii) Customer grants CloudLock the limited, nonexclusive right to view, modify, collect and use the Customer Data to create meta-data derived from Customer Data (which may include, by way of example, file modification dates, audit trails, and the number of times a file has been accessed) (“Customer Meta-Data”), solely for the purpose of providing the Services to Customer (iii) Customer grants CloudLock the right to collect and use anonymized generic statistical information derived from such Customer Meta-Data (but not derived from the Customer Data directly) and aggregate it with statistical information from other customers (“Non-Identifiable Aggregated Data”) for CloudLock’s business purposes, including without limitation for analyzing customer needs and improving its services, and (iv) Customer agrees that CloudLock shall own all right, title and interest in any such Non-Identifiable Aggregated Data. For purposes of greater clarity, CloudLock will not store any Customer Data, except to the extent that it constitutes Customer Meta-Data. As between CloudLock and Customer, Customer is solely responsible for the content, quality and accuracy of Customer Data, for securing any necessary approvals for CloudLock’s use of the Customer Data as provided for herein, and for ensuring that the Customer Data as made available by Customer complies with applicable laws and regulations.
|Monthly Uptime Percentage||Days of Service added to the end of the Service term, at no charge to Customer|
|< 99% – ≥ 97.5%||2|
|< 97.5% – ≥ 95%||5|
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