These terms for Datonis Subscription (“Agreement”) are entered into and between Altizon entity identified on the Altizon Quotation (“Us” or “Altizon”) and the customer identified on the Altizon Quotation (“You” including its grammatical variations or “Customer”). Altizon Quotation is governed by this Agreement and the Quotation supplements this Agreement. By agreeing to or accepting the Quotation, you enter into this Agreement. This Agreement and the Quotation constitute the entire terms governing the relationship between the parties related to the Datonis Service. No additional terms are binding unless agreed in writing and signed. Certain terms are used with a defined eaning. You will find the definitions in Section 15 of this Agreement.
Subject to Your payment of fees and compliance with this Agreement, You may during the Coverage Period access the Datonis Service for your non-exclusive, non-transferable and revocable personal internal business use, by transferring the Device Information collected by Datonis SDK to the Datonis Service. This license is limited to the number of Devices and Requests Per Second as authorized in the Quotation. The Device that You use to collect the Device Information from must be either owned or leased by You for your internal business purposes.
Provision of Datonis Services
Pursuant to Your aforesaid subscription, Altizon will (a) make the Datonis Service available to You pursuant to this Agreement and the applicable Quotation, (b) provide to You Altizon standard support for the Datonis Service at no additional charge as part of Subscription Coverage, and/or Updates if Updates Coverage is purchased by the Customer, and (c) use commercially reasonable efforts to make the online Datonis Service available to You, except for: (i) planned downtime (of which Altizon will endeavor to provide a prior notice if the circumstances permit; but, for example, in case of any emergency potentially affecting security of the system, Altizon may have to act without prior notice), (ii) any unavailability caused by circumstances beyond reasonable control, including, for example, an act of God, act of government, flood, fire, earthquake, civil unrest, act of terror, strike or other labor problem (other than one involving Altizon employees), Internet service provider failure or delay, or denial of service attack, misuse, abuse or excess use by other users, or any down-time / unavailability of the public cloud on which Datonis is hosted.
Altizon shall use commercially reasonable efforts to implement technical safeguards in accordance with the Documentation to protect security and integrity of Your data. Customer acknowledges that Datonis Service is hosted on a public cloud which is accessed by the customers over the public internet, which limits the manner in which these technical safeguards may be implemented. Further, the Service may not retain data without any capacity limitations and prior data files may be overwritten by the newly created data files. You must download and/or backup the data at regular intervals to avoid data loss.
2. Your Obligations
You will (a) be responsible for the accuracy, quality and legality of Your data and the means by which You acquired Your data, (b) use commercially reasonable efforts to prevent unauthorized access to or use of Datonis Service, and You must notify Us promptly of any such unauthorized access or use, (c) use Datonis Service only in accordance with the Documentation and applicable laws and government regulations. You agree to abide by any and all local, country, and international export rules and regulations, laws and treaties governing Your use of the Services, including but not limited to those related to data privacy, international communications and the transmission of technical or personal data. (d) implement technical safeguards on Your systems and Devices to avoid any security risks to Datonis Service and other user’s data. You agree that Your procurement of services is not contingent on the delivery of any future functionality, features, or enhancements, or dependent on any commitments by Us regarding such delivery.
You may not directly or indirectly: (a) dissemble, copy, modify or reverse engineer the Datonis Service or any contents thereof, (b) rent, sublicense, loan, lease, share, transfer, frame, mirror the Services or commercially use the Datonis Service, including Datonis in service bureau or outsourcing offering, or allow any third party to access the Datonis Service, (c) use the Datonis Service for product compare or benchmarking purposes, (d) remove or alter any branding or notices on the Datonis Service, (e) copy the Software except as permitted in writing, (f) create license keys to enable the Datonis Service or any software component thereof, (g) use the Datonis Service for High Risk Activities, (h) use the Datonis Service to build, conceive or develop any competing product offering, (i) exceed the permitted number of Devices or the Requests Per Second if any, (j) use a Datonis Service to store or transmit infringing, libelous, or otherwise unlawful, infringing or tortious material, or to store or transmit material in violation of third-party rights, (k) use a Datonis Service to store or transmit malicious code, Trojan, or virus (l) interfere with or disrupt the integrity or performance of Datonis Service or third-party data contained therein, (m) attempt to gain unauthorized access to any Datonis Service or its content or its related systems or networks, (n) permit direct or indirect access to or use of any Datonis Service in a way that circumvents a contractual usage limit, (o) copy a Datonis Service or any part, feature, function or user interface thereof, (pi) copy any content from the Datonis Service or the Documentation, or (q) frame or mirror any part of any Datonis Service or its content.
During the Coverage Period, Altizon shall, as per its support offering that You procure and pay for, make commercially reasonable efforts to work diligently with You to provide You solutions to address (a) service unavailability of Datonis Service pursuant to Clause c of Section 1 (Provision of Datonis Service); or (b) Non-compliances with Section 8 (Warranty Coverage). Altizon’s support offering terms that You have procured will be provided to You separately; If not, You must make sure that You ask for them.
The Datonis Service, its contents, software, and branding thereof constitute the intellectual property of Altizon and is protected by various intellectual property laws. This Agreement does not grant You any rights, title or interest in or to Datonis Service, its contents, software, or branding including Altizon’s intellectual property rights except where expressly and unequivocally granted herein. Any rights not expressly and unequivocally granted are reserved to Us. If You require Altizon to develop any customizations, modifications or configurations to the Services, Altizon owns all right, title and interest including the intellectual property rights in such developments and You will have the permission to use as per Section 1 of this Agreement.
You grant Altizon, our affiliates and contractors a worldwide, limited-term license to host, copy, transmit and display Your data, as necessary to provide the Services in accordance with this Agreement.
From time to time, You may provide Us feedback, suggestions or recommendations (“Feedback”) regarding the Datonis Service. You assign Us all right, title and interest to such Feedback and an exclusive right to create any developments based on such Feedback.
You understand that Altizon makes regular and sometimes substantial changes and improvements to the Services and that communication with Your users about planned changes may be necessary to ensure Your efficient use of the Services. You understand and agree that from time to time, and solely at its discretion, Altizon may communicate directly with users in Your account using electronic and other means. Such communication shall be restricted to content relating to planned and actual product changes and enhancements, product education, product feedback and suggestions, system availability, and other content relevant or important to the productive use of the Services.
Title and copyrights in and to the Services, including any images, "applets," photographs, animations, video, audio, music, and text incorporated into or a part of the Services, and all accompanying printed and electronic materials, together with any copies You are permitted to make hereby, are owned by or licensed to Altizon and are protected by United States copyright laws and international treaty provisions. You are only permitted to make copies of the printed training materials accompanying the Services solely for use as reference guides for authorized users using the Services in an authorized manner. All such copies shall contain the copyright and other notices of Altizon. All other copying of the printed materials accompanying the Services is prohibited without express written permission from Altizon.
Applicable fees will be stated in the Quotation. Fees will be due in advance promptly upon receipt of the invoice. In such case, the Quotation will mention that payments are due in advance. In some cases where Altizon specifically agrees, fees may be due thirty days from the invoice date unless the Quotation specifies otherwise. You may issue a purchase order. However, parties acknowledge that Your purchase order is merely for Your internal accounting document, and Altizon may invoice on Your acceptance of the Quotation. If parties agree that Altizon may not invoice without a purchase order, Altizon will not be obliged to deliver any products, services or license keys unless it receives the purchase order.
All fees are exclusive of applicable taxes except on Altizon’s income. Taxes chargeable to the Customer shall include but not be limited to sales, use, service, value added, or excise taxes. All known taxes will be indicated on the Quotation and/or our invoice. If any additional applicable taxes are discovered, those will be invoiced to the Customer, and Customer agrees to immediately pay such taxes. If Customer is mandated by law withhold or deduct any taxes from its payments to Altizon, Customer must provide Altizon with an official tax receipt or other appropriate official documentation to support such withholding or deduction.
All rights granted to You are subject to Your payment of applicable fees. Timely payment of fees is the essence of this Agreement. These rights terminate if You don’t pay on time. Altizon may charge a late fee interest at 1.5% per month (or the maximum rate permitted by applicable law if lower) on overdue payments. You agree to reimburse Altizon for all expenses incurred by Altizon in recovering any overdue amounts. In case of nonpayment, Altizon shall be entitled to exercise its rights as an unpaid seller.
6. Publicity and Confidentiality
Customer agrees that Altizon may include Customer’s name, trademarks, logos, or other distinctive brand features in a list of Altizon customers. Customer also agrees that Altizon may verbally reference Customer as a customer of Altizon products or services that are the subject of this Agreement.
You and Altizon may disclose information to one another, and You may save information in connection with the Services, which is considered by the disclosing party to be proprietary or confidential information (the "Confidential Information"). Confidential Information is defined as any information or data, in any form, including, but not limited to oral, written, graphic or electromagnetic forms, models or samples, which the disclosing party identifies as confidential or which is of such a nature that the receiving party should reasonably understand that the disclosing party desires to protect such information or data against unrestricted disclosure or use, including without limitation, business information, financial data and marketing data.
Customer shall: (a) protect the Confidential Information with the same standard of care it uses to protect its own confidential information of similar nature, but with no less than a reasonable standard of care; and (b) not disclose the Confidential Information, except to affiliates, employees and agents who need to know it and who have agreed in writing to keep it confidential. Customer (and any affiliates, employees and agents to whom it has disclosed Confidential Information) may use Confidential Information only to exercise rights and fulfill obligations under this Agreement, while using reasonable care to protect it. Customer is responsible for any actions of its affiliates, employees and agents in violation of this Section.
The restrictions on the use or disclosure of any Confidential Information shall not apply to any Confidential Information: (a) after it has become generally available to the public without breach of this Agreement by the receiving party; (b) is rightfully in the receiving party's possession prior to disclosure to it by the disclosing party; (c) is independently developed by the receiving party; (d) is rightfully received by the receiving party from a third party without a duty of confidentiality; or (e) is disclosed under operation of law. Further, in the event such disclosure is required of either party under judicial order or requirement of law, such party will promptly notify the disclosing party of such order or requirement.
In situations where You wish to disclose your Confidential Information to Altizon, You may request a non-disclosure agreement to be signed in advance, and Altizon shall consider such request in good faith. Except for execution of such non-disclosure agreement but subject to Altizon’s obligation under Section 1 (Your Data), Altizon may treat all your information as non-confidential.
You understand that Altizon implementation and support personnel may need to access Your Account to assist You in Your implementation, as well as to address support requests that may occur from time to time, but such access shall be on a need to know basis. You permit Altizon implementation and support personnel to access Your Account with the understanding that all information in Your Account shall be considered Confidential Information by Altizon personnel. Altizon agrees to hold in confidence and not reproduce, distribute, infringe on, transmit, or transfer, directly or indirectly, in any form, by any means, the Confidential Information.
Your user’s password may not be shared with any third party. You must maintain confidentiality of the password. Customer is responsible for any user logging-in to the service using Your password.
Altizon warrants that during the Coverage Period Altizon agrees to correct at its own cost failure of the Datonis Service to substantially achieve the functionality described in Documentation. Your access to the Service is through the Internet, and you understand that your ability to use the Service is dependent on the global telecommunications infrastructure involving the reliability and performance. Services may be subject to limitations, delays, and other problems inherent in the use of the Internet and electronic communications. Altizon is not responsible for any delays, delivery failures, or other damage resulting from such problems.
The limited warranty set forth above will not apply to defects or errors in the Datonis Service’s functionality that are caused by: (a) Customer’s failure to follow installation, operation or maintenance instructions or procedures in the Documentation; (b) Customer’s mishandling, abuse, misuse, negligence, or improper storage, servicing, or operation of the Service (including without limitation use with incompatible equipment) or exceeding the usage limitations; (c) modifications, repairs or improper installation not performed by Altizon; (d) any causes beyond reasonable control of Altizon; (e) public internet or public cloud infrastructure including unavailability thereof; or (f) malicious code, virus or Trojans not introduced by Altizon.
Altizon’s entire liability and Customer’s sole and exclusive remedy with respect to breach of the above warranty will be at Altizon’s option: (a) correct the failure pursuant to Section 3 (Support); or (b) terminate the Agreement and refund the purchase price paid for the Service subscription that pertains to period post termination date. Customer waives any other rights and remedies.
The aforesaid limited warranty does not apply specifically to any issues pertaining to the functionality of the public cloud. Altizon’s written agreement with public cloud providers may come with its own warranty terms. Altizon does not take any other responsibility for the functionality of the public cloud.
Other warranties disclaimed
EXCEPT FOR THE LIMITED WARRANTY ABOVE, THE SERVICE IS PROVIDED ON AN AS-IS BASIS. PARTIES SPECIFICALLY DISCLAIM AND EXCLUDE ANY OTHER WARRANTIES, GUARANTEES, CONDITIONS, REPRESENTATIONS, BEING IMPLIED, STATUTORY, CUSTOMARY BY USAGE OF TRADE OR OTHERWISE, INCLUDING THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET POSSESSION, TITLE, OR NON-INFRINGEMENT. ALTIZON DOES NOT WARRANT THAT THE SERVICES SHALL WORK ERROR FREE OR UNINTERRUPTED OR WITH ANY AND ALL DEVICES. THE SERVICES ARE NOT INTENDED TO BE USED FOR HIGH RISK ACTIVITIES. CUSTOMER HAS NOT RELIED ON ALTIZON’S SKILL OR JUDGEMENT IN DECIDING THE PURPOSE FOR WHICH IT IS PROCURING THE SERVICES. YOU EXPRESSLY ASSUME ALL RISK FOR USE OF THE SERVICES.
9. Term and Termination
This subscription commences on the Coverage Period start date set forth in the Quotation, and shall expire on the expiration of the Coverage Period set forth in the Quotation, unless terminated pursuant to the terms of this Agreement.
A party may terminate this Agreement if the other party fails to cure a breach of this Agreement within 30 days of a notice to cure such breach. A party may terminate this Agreement with immediate effect if the other party breaches this Agreement a second time irrespective of whether or not such breach is cured.
If this Agreement is terminated because of Altizon’s breach: At Customer’s option, the subscription under this Agreement may continue for the Coverage Period provided the Customer continues to comply with rest of the Agreement.
If this Agreement is terminated for Customer’s breach: The subscription terminates immediately and the Customer must immediately cease using the Service. The Service may cease to be available to the Customer. All payments owed to Altizon by Customer shall immediately fall due.
Expiration of Term: The subscription terminates immediately and the Customer must immediately cease using the Services. The Services may cease to be available to the Customer.
Altizon will not retain post termination or expiration of this Agreement Your data in its system or otherwise in its possession or control, unless You request to Altizon to retain such information in advance within 15 days before the effective date of termination or expiration of this Agreement, and Altizon agrees in writing for agreed upon fees. If Altizon agrees, Altizon will make Your Data available to You for export or download as provided in the Documentation. Altizon will have no obligation to maintain or provide Your data on or after termination / expiration or any extended period agreed pursuant to this Section, and will thereafter delete or destroy all copies of Your data in its systems or otherwise in its possession or control.
Following clauses survive any termination of expiration:: Sections 2, 4, 5 (to the extent of unpaid amounts), 6, 9 (Survival), 10, 12, and 13.
10. Limitation on Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE TO THE OTHER UNDER THIS AGREEMENT FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, EXEMPLARY OR PUNITIVE DAMAGES, LOSSES OR EXPENSES, LOSS OF PROFIT, LOSS OF BUSINESS, LOSS OF DATA, LOSS OF REVENUE (TOGETHER “INDIRECT DAMAGES”), EVEN IF THE OTHER PARTY KNEW OR SHOULD HAVE KNOWN POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES. PARTIES SHALL BE LIABLE TO THE OTHER SOLELY FOR DIRECT DAMAGES EVEN IF DIRECT DAMAGES DO NOT SATISFY A REMEDY.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALTIZON’S MAXIMUM LIABILITY UNDER THIS AGREEMENT IN AGGREGATE SHALL NOT EXCEED THE AMOUNTS RECEIVED BY IT FROM THE CUSTOMER DURING THE TWELEVE MONTHS PRECEEDING THE EVENT GIVING RISE TO THE CLAIM.
This clause does not limit liability for breaches of confidentiality, or violations of a party’s intellectual property rights by other party.
In no event is Altizon liable for any damage to or loss or destruction (a) of any of Your content, files, or data which may result from Your use of the Services; (b) arising from Your failure to perform in connection with this Agreement; or (c) arising from misuse of Your user name(s) or passwords. All limitations and disclaimers stated in this Agreement also apply to Altizon' licensors as intended beneficiaries of this Agreement. Any rights or limits stated herein are the maximum for which Altizon and its licensors are collectively responsible.
Altizon agrees to defend You at its own cost against any claims made by a third party (expressly excluding any of Your affiliates) that the Datonis Service used in accordance with this Agreement and the Documentation infringes such third party’s patent or copyright or misappropriates its trade secret, and reimburse to You any damages payable by You under resulting adverse final judgment or settlement negotiated by Altizon.
Actions in case of Infringement
If the Datonis Service is subject to any claim of infringement as defined above and especially when its use is enjoined or when Altizon believes it could be, Altizon may at its option and expense either: (a) procure for You, right to continue use of the Datonis Service in accordance with this Agreement; or (b) modify or replace the Service so that it becomes non-infringing while giving substantially equivalent performance or provide an enhancement or fix that makes the Datonis Service non-infringing, and You shall be obligated to accept such replacement products, enhancements or fixes; or if (a) and (b) are not available in the reasonable discretion of Altizon, Altizon shall terminate the Agreement and refund to You all amounts paid to Altizon by You in the six (6) months prior to the date of termination.
Exclusions to Altizon’s Indemnification
The obligations set forth above do not apply if the third party claim is caused by, or results from: (a) Customer’s combination or use of the Datonis Service with software, services, or products developed by Customer or third parties; (b) modification of the Datonis Service by anyone other than Altizon; (c) Customer’s continued allegedly infringing activity after being notified thereof or after being provided modifications that would have avoided the alleged infringement; (d) Customer’s use of the Datonis Service in a manner not in accordance with this Agreement or the Documentation; or (e) use of other than Altizon’s most current release of the Service if the third party claim would have been avoided by use of the most current release or revision. THIS INDEMNITY IS THE ONLY REMEDY OF THE CUSTOMER UNDER THIS AGREEMENT FOR VIOLATION OF A THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS.
Customer will indemnify, defend, and hold harmless Altizon from and against all liabilities, damages, and costs (including settlement costs and reasonable attorneys’ fees) arising out of: (a) a third party claim made against Altizon for infringement or misappropriation based on conduct by Customer as described in Section titled “Exclusions to Altizon’s Indemnification”; (b) Customer’s non-compliance with Section 2 (Your Obligations); or (b) Customer’s breach of Section 12 (Compliance with Laws).
The party seeking indemnification will promptly notify the other party of the claim and cooperate with the other party in defending the claim. The indemnifying party has full control and authority over the defense, except that: (a) any settlement requiring the party seeking indemnification to admit liability or to pay any money will require that party’s prior written consent, such consent not to be unreasonably withheld or delayed; and (b) the other party may join in the defense with its own counsel at its own expense.
12. Compliance with Laws
Customer shall comply with all applicable laws including laws related to controls related to export or import and shall obtain all permissions, authorizations and permits, in each case related to its procurement and use of the Service or Customer data.
13. Your Information
14. Other Terms
Altizon provides only storage and delivery Services and it is not the publisher of Your information stored or transmitted within the Services. Because Altizon does not review, censor or monitor and is not in any manner responsible for any content You store or send through the Services, to the extent such content includes, without limitation, infringing, abusive, profane, hateful, libelous, unlawful, or offensive material, all content from parties accessed via the Services, accessed by You and those You have authorized, shall be all at Your own risk. You acknowledge hereby and retain all right, title and interest (including, where appropriate, copyright and other proprietary or intellectual property rights) in the content, information and files You store through use of the Services, and Altizon explicitly disclaims any ownership of, or right, title and interest in the content, information and files You store through use of the Services. Altizon assumes no liability whatsoever for any claims, losses, actions, damages, suits or proceedings arising out of or otherwise relating to such content accessed using the Services. Information You store in the Services is considered Your Confidential information.
Altizon shall use reasonable commercial efforts to ensure as part of the Services, but cannot guarantee that any content, data, or files stored or sent to or by You using the Services will be transmitted in uncorrupted form without viruses or other damaging or destructive attributes or within a reasonable period of time. Altizon shall use reasonable commercial efforts to ensure as part of the Services, but cannot guarantee, that any content, data, or files You store in or transmit through the Services will not be subject to unauthorized access by others or that others will not gain access to the Services.
Altizon performs regular system-wide back up procedures for the Services. However, You understand the inherent risk in electronic storage and agree to rely solely on Your own back up copies of all files, data, content, and documents stored in or transmitted through the Services should those files, data, and documents stored in or transmitted through the Services become lost or damaged. During Your Services term, as well as after Your Services term expires, Altizon shall have no responsibility to recover or retrieve Your data, documents, and files stored and transmitted by You as part of Your use of the Services, unless such recovery or retrieval results from an event or occurrence that requires a system-wide restoration, and the determination of such an event or occurrence along with the recovery and retrieval actions and process shall be determined solely and exclusively by Altizon
Neither party will be in default or will be liable for any delay or failure to comply with this Agreement (other than any payment of money) due to any act beyond the control of the affected party, which shall include but not be limited to acts of God, war, strikes, lack or failure of transportation facilities, acts of terrorism, fire, acts of government authority. In the event of a force majeure event, the affected party shall. immediately notify the other. If any such failure or delay in performance continues for more than sixty (60) days, either party may terminate this Agreement upon written notice to the other.
Entire Agreement and Waiver
This Agreement shall constitute the complete agreement between the parties respecting the subject matter and may not be extended, amended, terminated, or superseded except by agreement in writing between the parties. This Agreement supersedes all previous agreements between the Altizon and the Customer, whether oral or written, regarding subject matter hereof. An effective waiver under this Agreement must be in writing signed by the party waiving its right. Failure or delay to exercise any right or remedy shall not be deemed a waiver in absence of such writing.
If any provision of this Agreement is found by a competent court to be unenforceable in any respect, the validity of the remainder of this Agreement will be unaffected, and such provision shall be interpreted to extend only to such a scope as to which it may be enforceable.
Assignment and Delegation
The Customer may not assign this Agreement. Altizon may assign this Agreement in conjunction with the sale of substantial assets, divestiture, merger or amalgamation: or to its affiliate, and may delegate or subcontract its duties. Any unauthorized assignment of this Agreement is void.
The Agreement shall be subject to the laws of California. Any action taken relating to this Agreement must be commenced in the courts at San Francisco, California.
There are no intended third party beneficiaries of this Agreement except for any suppliers of Altizon. The Parties are independent contractors and this Agreement is not intended to create any employer- employee relationship, agency or partnership, or franchisee-franchisor relationship. Notices may be sent by mail or by courier with return receipt requested or by email.
a. “Altizon Service” shall mean software as service offerings by Altizon that Customer has subscribed to and paid for. Current Altizon Service offerings include Datonis.
b. “Coverage Period” has the meaning set forth in the Quotation.
c. “Confidential Information” shall mean the information disclosed by Altizon to the Customer that is either marked as confidential or should be considered confidential considering the nature of information or manner of disclosure. Confidential Information includes Altizon product concept, ideas, architecture, design and other technology.
d. “Datonis Service” shall mean software as service offerings by Altizon that Customer has subscribed to and paid for.
e. “Device” shall mean any authorized device that the Datonis SDK or APIs are enabled to connect to collect Device Information from.
f. “Device Information” shall mean any information like sensor data collected by Datonis® SDK or APIs from any authorized Device.
g. “Direct Damages” shall mean damages or expenses other than Indirect Damages.
h. “Documentation” shall mean Altizon’s proprietary product documentation provided to Customer from time to time for use with Datonis® platform.
i. “Hardware” shall mean any computing, electronic and other hardware which includes Altizon’s proprietary hardware that interacts with the Datonis Service.
j. “High Risk Activities” are activities where the failure of the Hardware could lead to death, personal injury, or environmental damage.
k. “Quotation” shall mean a quotation or order document containing product details, quantity, pricing and coverage period details provided by Altizon under its signature and branding.
l. “Requests Per Second” shall mean the number of requests made by the Customer to the Altizon Service through its webserver.
m. “Services” shall mean bespoke consulting, software development, customization and deployment activities performed by Altizon. “Service” means either of the Services.
n. “Software” shall mean Altizon’s proprietary computer software in an executable form as installed on the Hardware.
o. “Updates” shall mean and include (i) any minor enhancements to the current functionality of the Datonis Service that Altizon decides to make generally available to all its customers under Updates Coverage, and (ii) the major enhancement to the current functionality of the Datonis Service first issued after the start of Your then current Upgrade Period that Altizon decides to make generally available to all its customers under Updates Coverage. “Updates” do not include any major enhancements apart from the first major enhancement included as Updates, any new modules, new versions, any entirely new functionality developed, or Services other than Datonis.
p. “Updates Coverage” shall mean a “Service” purchased by a Customer for receiving “Updates” for a specific time frame or Upgrade Period.
q. “Upgrade Period” shall mean a time frame that a Customer is provided “Updates Coverage”.