Product Offering definition

Product Offering means the online, web-based applications and platform provided by ClearCare at ▇▇▇▇://▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ (and/or other designated websites as described in the User Guide or another URL as specified by ClearCare from time to time) as further described on the Order Form, but excluding Third Party Applications.

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Product Offering means the Moogsoft products identified in an order form, purchase order, or online order accepted by Moogsoft referencing this Agreement.

Product Offering means the Moogsoft product offering identified in an order form or purchase order accepted by Moogsoft referencing this Agreement (an “Order Form”), consisting of the software-as- a-service version of the Product Offering (the “SaaS Product”). Subject to the terms and conditions of this Agreement, Moogsoft hereby grants to End User, during the License Term (as defined below), (i) a non-exclusive, non-transferable, non-sublicensable right and license to access, use, perform and digitally display the SaaS Product (if the Product Offering consists of the SaaS Product), (ii) to install, use, execute and display the Software Product (if the Product Offering consists of the Software Product), as designated in the Order Form, and (iii) to use the Product Offering prescribed by the Moogsoft documentation located at ▇▇▇▇://▇▇▇▇.▇▇▇▇▇▇▇▇.▇▇▇ (as it may be updated from time to time, the “Documentation”) for internal business purposes only. The Product Offering may be used on no more than the number of Managed Devices specified in the Order Form (or, in the case of Evaluation Use, as indicated in Section 1.3). A “Managed Device” is any monitored component capable of producing a unique stream of telemetry messages and creating its own discrete event or log message feed such as servers, applications, network devices, routers and databases. For purposes hereof, and except as provided for under Section 1.3, the “License Term” begins on the date Moogsoft delivers to End User the Software Product or Software license keys, as applicable (in the case of the Software Product), or access credentials for logging in to the hosted service (in the case of the SaaS Product) to End User (the “Commencement Date”) and extends for the period specified in the applicable Order Form. The Product Offering shall be deemed to be accepted upon such delivery. For the avoidance of doubt, End User’s Affiliates (and employees thereof) shall not use the Product Offering without Moogsoft’s prior written consent. This Agreement supersedes any other agreement (including any click-through or electronic agreements within the Product Offering) between Moogsoft and End User with respect to the Product Offering. Any references in the Order Form to an “Agreement” or “▇▇▇▇” or other similar term shall be deemed to refer to this Agreement. For purposes of this Agreement, “Affiliates,” with respect to a party, means any entity controlling, controlled by or under common control with such party.

Examples of Product Offering in a sentence

• Moogsoft and its suppliers own and shall retain all proprietary rights, including all copyright, patent, trade secret, trademark and all other intellectual property rights, in and to the Product Offering, any error corrections, bug fixes, new releases, updates, product extensions and enhancements, and the results of any Professional Services (“Intellectual Property Rights”).

• End User acknowledges that the rights granted under this Agreement do not provide End User with title to or ownership of the Product Offering.

• To the extent that End User invents or develops any intellectual property in connection with using, testing or evaluating the Product Offering, those Intellectual Property Rights shall be owned by (and End User hereby assigns such rights to) Moogsoft.

• If Moogsoft believes in good faith that End User’s usage of the Product Offering exceeds that set forth on the applicable Order Form, End User agrees to allow Moogsoft to audit End User’s use of the Product Offering (not more frequently than twice per calendar year), upon at least twenty-four (24) hours’ notice, to determine the actual use of any and all Product Offering, using a commercially reasonable auditing procedure.

• Moogsoft agrees to defend, at its expense, End User against any third party claim to the extent such claim alleges that a Product Offering infringes or misappropriates any patent, copyright, trademark or trade secret of a third party, and Moogsoft shall pay all costs and damages finally awarded against End User by a court of competent jurisdiction as a result of any such claim.

More Definitions of Product Offering

Product Offering means the HiveIO product specified in your Order, including all features and functionality of that offering, used to store or manage Content.

Product Offering has the meaning set forth in Section 3.2.

Product Offering means printCafe's eCommerce/eCommunity offering which enables strategic sourcing through private and public procurement networks, combined with a process driven strategic sourcing approach and supply chain integration and collaboration.

Product Offering will include an Evaluation Service in all provisions that are not in conflict with the provisions of this Section 1.

Product Offering means the official product offering available at the official documentation (▇▇▇▇▇://▇▇▇▇.▇▇▇▇▇▇.▇▇/pricing-and-license/product-offering.html).

Product Offering is defined as a product offer that a financial institution sets up, maintains and stores in the Program. Closed product offerings are not counted for licensing purposes. Project: is defined as a scheduled stage gate process plan in operation. Property: is defined as a location with a single physical address. 128 Provision Database Interface Connections: is defined as one hundred twenty-eight simultaneous connections to the International Number Portability Provisioning System to the provisioning interface for the Home Location Register Router application from EAGLE signaling nodes. 500,000 Queries Per Day: is defined as five hundred thousand queries from midnight to the next midnight (e.g., a day) to the production MDEX engine, including but not limited to: text searches; changes to facet (refinement); and page up/down through results (any text box query, change in facet selection, change in results viewed). Queries that can be reasonably shown to be generated via malicious intent, such as Denial of Service attacks, are not counted against the number of licensed queries. You may also use the programs for non-production uses, including but not limited to development, quality assurance, and performance testing.

Product Offering means ClearCare’s SaaS product offering.