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10/29/2020 PowerDMS Terms and Conditions
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<br /> applications, trademarks (whether registered or unregistered and including any goodwill
<br /> acquired in such trade marks), service marks, trade names, copyrights, moral rights,
<br /> database rights, design rights, rights in know-how, rights in Confidential Information, rights
<br /> in inventions (whether patentable or not) and all other intellectual property and proprietary
<br /> rights (whether registered or unregistered, any application for the foregoing, and all rights to
<br /> enforce the foregoing), and all other equivalent or similar rights which may subsist anywhere
<br /> in the United States.
<br /> "Malicious Code means code, files, scripts, agents or programs intended to do harm,
<br /> including, for example, viruses, worms, time bombs and Trojan horses.
<br /> "PowerDMS" means PowerDMS, Inc., a Delaware corporation.
<br /> "PowerDMS Technology" means the software applications, tools, application
<br /> programming interfaces (APIs), connectors, programs, networks and equipment that
<br /> PowerDMS uses to make its software as a service subscription products and related services
<br /> available to its customers.
<br /> "Service Order" means an ordering document issued by PowerDMS and executed by
<br /> Customer, whether or not designated a "Service Order", specifying the Services the
<br /> Customer is purchasing from PowerDMS, as such Service Order may be amended from time
<br /> to time as mutually agreed by the Customer and PowerDMS. Service Orders shall not
<br /> include Customer's purchase order forms.
<br /> "Services" means the PowerDMS software as a service (SaaS) subscription products and/or
<br /> professional services described in one or more Service Orders executed by the Customer.
<br /> Subscription Term" means the period of time identified on each Service Order, for which
<br /> PowerDMS has committed to provide, and Customer has committed to pay for, the Services.
<br /> "Users" means an individual who is an employee or independent contractor of Customer
<br /> who has been authorized by Customer to use the Services, for whom Customer has
<br /> purchased a subscription, and to whom Customer (or, when applicable, PowerDMS at
<br /> Customer's request) has supplied a user identification and password.
<br /> "Volunteered Data" shall include any and all suggestions, enhancement requests,
<br /> recommendations, corrections or other feedback provided by Customer or its Users relating
<br /> to the Services or the PowerDMS Technology as well as any portion of the Customer Data
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<br /> https://www.powerdms.com/terms-and-conditions/ 2/16
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