In this End User License Agreement ("EULA"):
1.1. "Affiliate" means any entity that directly, or indirectly through one or more intermediaries, controls, is controlled by or is under common control of such party; ‘control’ for such purposes means the possession, direct or indirect, of the power to direct or cause the direction of the management and policies of a person or entity, whether through the ownership of voting securities, by contract or otherwise.
1.2. “Applicable Laws” means national, federal, state, and local laws, rules, and regulations including, without limitation, those laws and regulations relating to data privacy and security in each applicable jurisdiction.
1.3. “Authorized Reseller” means a third party who is not our Affiliate and who is authorized by us or our Affiliate to resell the Product.
1.4. “Authorized User” means you, your employee or a third-party consultant or agent that you authorize to use the Product for your benefit in accordance with section 1.2.3 (Third Party Use).
1.5. “CMS User” means an individual user within your company who has been assigned a unique username and password that authorizes such individual to access and use the administrative/content management capabilities of the Product. Each CMS User is deemed to be an “Authorized User” as that term is defined in section 1.4.
1.6. “Developer User” means one of your employees or third-party consultants who: (a) subject to the same conditions and limitations applicable to you herein, is authorized by you to develop, host, or manage a website or Intranet Application specifically for your benefit using Redakt CMS in accordance with this EULA; and (b) you, to the extent permitted by applicable law, hereby agree to assume all liability and responsibility for hereunder. Each Developer User is deemed to be an “Authorized User” as that term is defined in section 1.4.
1.7. “Development Purpose” means use or deployment of Redakt CMS solely for access by Developer Users and solely for development, quality assurance, and staging purposes prior to the use or deployment of Redakt CMS for a Production Purpose.
1.8. “Documentation” means any technical instructions or materials describing the operation of the Product made available to you (electronically or otherwise) by us for use with the Product, expressly excluding any user blogs, reviews or forums.
1.9. “Hosted Services” means computer software program(s), content and related services provided by us on a software-as-a-service basis through computers we or our Affiliates or our respective contractors (including cloud infrastructure suppliers) control.
1.10. “Intellectual Property Rights” means any and all current and future (a) rights associated with works of authorship, including copyrights, mask work rights, and moral rights; (b) trademark or service mark rights; (c) trade secret rights; (d) patents, patent rights, and industrial property rights; (e) layout design rights, design rights, and other proprietary rights of every kind and nature other than trademarks, service marks, trade dress, and similar rights; and (f) registrations, applications, renewals, extensions, or reissues of any of (a) to (e) , in each case, in any jurisdiction throughout the world.
1.11. “Intranet Applications” means those internal websites and applications that can be accessed only by your: employees, Affiliates’ employees, or onsite contractors.
1.12. “License” means a license to use the Product in accordance with the terms and conditions of this EULA.
1.13. “Order” means a written or electronic order document entered into between you and us (or our Affiliate or an Authorized Reseller) for the Product. Unless an Order says something different, each Order will be governed by the terms of this EULA and include the name of the Product being licensed and any usage limitations, applicable fees, and any other details related to the transaction.
1.14. “Our Technology” means any software, code, tools, libraries, scripts, application programming interfaces, templates, algorithms, data science recipes (including any source code for data science recipes and any modifications to such source code), data science workflows, user interfaces, links, proprietary methods and systems, know-how, trade secrets, techniques, designs, inventions, and other tangible or intangible technical material, information and works of authorship underlying or otherwise used to make available the Product, including, without limitation, all Intellectual Property Rights therein and thereto.
1.15. “Permitted Third Party” has the meaning given in section 1.2.3 (Third Party Use).
1.16. “Product” means Redakt computer software program(s) provided to you to download, install and use on computer(s) controlled directly or indirectly by you, including cloud infrastructure services under your control, identified in an Order, and any Updates.
1.17. “Production Domain” means a domain name used for a Production Purpose.
1.18. “Production Purpose” means use or deployment of the Product for publishing and/or administering a website or other application accessible by and/or visible to your Site Visitors.
1.19. “Production Server” means a Server on which Redakt CMS is used for a Production Purpose.
1.20. "Redakt" means Redakt B.V., with its registered office at Jurriaan Kokstraat 59, 2586 SC Den Haag, The Netherlands.
1.21. “Server” means one: (i) physical server (i.e., one piece of hardware), virtual server, or cloud service instance (e.g., Microsoft Azure App Service); with (ii) computing power equivalent to at most eight (8) CPU cores.
1.22. “Site Visitor” means an individual, device, and/or a software application, whether internal or external, that can access only the published portion(s) of a website at the Production Domain created with the Product. Site Visitors do not have username and password access to the administrative/content management capabilities of the Product.
1.23. “Unpaid License” means a License for Redakt that has been provided free of charge, including but not limited to Community Edition, trial, and evaluation licenses.
1.24. “Update” means any update, enhancement, error correction, modification or new release to the Product that we make available to you.