{"id":8495,"date":"2021-07-13T13:17:39","date_gmt":"2021-07-13T13:17:39","guid":{"rendered":"https:\/\/stash.global\/?page_id=8495"},"modified":"2021-10-15T20:18:07","modified_gmt":"2021-10-15T20:18:07","slug":"end-user-license-agreement-agreement","status":"publish","type":"page","link":"https:\/\/stash.global\/end-user-license-agreement-agreement\/","title":{"rendered":"End-User License Agreement (\u201cAgreement\u201d)"},"content":{"rendered":"\t\t
Last Updated: October 01, 2021<\/span><\/em><\/p> B<\/span>Y DOWNLOADING, INSTALLING, ACCESSING<\/span>,<\/span> <\/span>OR USING THIS SOFTWARE, YOU AGREE TO THE TERMS OF THIS END\u00a0 <\/span>USER LICENSE AGREEMENT. IF YOU ARE ACCEPTING THESE TERMS ON BEHALF OF ANOTHER PERSON OR COMPANY\u00a0 <\/span>OR OTHER LEGAL ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE FULL AUTHORITY TO BIND THAT PERSON,\u00a0 <\/span>C<\/span>OMPANY, OR LEGAL ENTITY TO THESE TERMS. a<\/span>) <\/span> <\/span>\u201cAuthorized Partner\u201d<\/span> <\/span><\/strong>means any of <\/span>Stash Global Inc\u2019s<\/span> <\/span>distributors, resellers, or other business partners that are authorized by\u00a0 <\/span>STASH\u00ae<\/span> Global Inc.<\/span> <\/span>in writing to sell Support or the Software license <\/span>rights granted under this Agreement.
<\/span><\/p>1)Definitions<\/h2>
<\/span> <\/span>
b) <\/span> <\/span>\u201cCloud Services\u201d<\/span><\/strong> <\/span>means the cloud services that STASH\u00ae<\/span><\/span>\u00a0Global Inc.<\/span> <\/span>provides to Customer as specified in one or more <\/span>Purchase <\/span>Agreement<\/span>s. Access to the Cloud Services requires either an active support agreement or an active<\/span> <\/span>subscription, as required by <\/span>the specific offering. <\/span> <\/span>
c) <\/span> <\/span>\u201cDocumentation\u201d<\/span> <\/span><\/strong>means explanatory materials in the printed, <\/span>electronic,<\/span> <\/span>or online form accompanying the Software in English and <\/span>other languages, if<\/span> <\/span>available. <\/span> <\/span>
d) <\/span> <\/span>\u201cDATs\u201d<\/span><\/strong> <\/span>means<\/span> <\/span>data<\/span> <\/span>security, governance,<\/span> <\/span>access, quantum<\/span>–<\/span>resistant<\/span> <\/span>definition files, also referred to as signature files, that <\/span>contain the code(s) software use<\/span>d<\/span> <\/span>to <\/span>secure data, control access, and resist the infiltration of quantum computing (the keys).<\/span> <\/span>
e) <\/span> <\/span>\u201d<\/span>Purchase Agreement<\/span>\u201d<\/span> <\/span><\/strong>means a confirmation notice<\/span> <\/span>letter issued by STASH\u00ae <\/span><\/span>Global Inc.<\/span> <\/span>to you, confirming the Software and<\/span>
Support purchased by you, including the applicable product entitlement, as defined in the Product Entitlement Definitions (fu<\/span>rther <\/span>described at Section 3(a)below). <\/span> <\/span>
f) <\/span> <\/span>\u201cHigh-Risk Syst<\/span>em\u201d<\/span> <\/span><\/strong>means a device or system that requires extra safety functionalities such as fail<\/span>–<\/span>safe or fault-tolerant <\/span>performance features to maintain a safe state where it is reasonably foreseeable that failure of the device or system could l<\/span>ead <\/span>directly to death,<\/span> <\/span>personal injury, or catastrophic property damage. A device or system with a fail<\/span>–<\/span>safe feature in the event of failure <\/span>may revert to a safe condition rather than break down, may include a secondary system that comes into operation to prevent a <\/span>malfunction,<\/span> <\/span>or may operate as a backup in the event of a malfunction. A device or system with a fault<\/span>–<\/span>tolerant feature in the event <\/span>of failure may continue its intended operation, possibly at a reduced level, rather than failing completely. Without limitati<\/span>on, High-Risk<\/span>\u00a0Systems may be required in critical infrastructure, industrial plants, manufacturing facilities, direct life support devi<\/span>ces, aircraft, <\/span>train, boat or vehicle navigation or communication systems, air traffic control, weapons systems, nuclear facilities<\/span>, power plants, <\/span>medical systems and facilities,<\/span> <\/span>and transportation facilities. <\/span> <\/span>
g) <\/span> <\/span>\u201cSTASH\u00ae <\/span><\/span>Global Inc.<\/span>\u201d<\/span><\/strong> <\/span>means STASH\u00ae<\/span><\/span>\u00a0Global Inc.<\/span>,<\/span> <\/span>with offices located at <\/span>1209 Orange Street, in the City of Wilmington, DE 19801<\/span>.<\/span> <\/span> <\/span>
h) <\/span> <\/span>\u201cSoftware\u201d<\/span> <\/span><\/strong>means the STASH\u00ae<\/span><\/span>\u00a0Global <\/span>Inc.<\/span> <\/span>software program<\/span>\/products<\/span> <\/span>(i) licensed from STASH\u00ae<\/span><\/span>\u00a0Global Inc.<\/span> <\/span>and purchased from STASH\u00ae<\/span><\/span>\u00a0Global Inc.<\/span> <\/span>or its Authorized Partners, or (ii) embedded in or pre<\/span>–<\/span>loaded on STASH\u00ae<\/span><\/span>\u00a0Global Inc. <\/span>branded hardware equipment <\/span>purchased from <\/span>STASH\u00ae<\/span> Global Inc.<\/span> <\/span>or its Authorized <\/span>Partners, in each case including Upgrades and Updates that <\/span>are installed by <\/span>you<\/span> <\/span>during the applicable Support period. Software may also include additional features or functionality that can be accessed wit<\/span>h <\/span>either a current subscription or active support c<\/span>ontract to certain Cloud Services as required by the specific offering and subject to <\/span>the Cloud Terms of<\/span> <\/span>Service. <\/span> <\/span>
i<\/span>) <\/span> <\/span>\u201cStandard\u201d<\/span> <\/span><\/strong>means a technical specification created by a government-sponsored group, an industry-sponsored group, or any <\/span>similar group or<\/span> <\/span>entity that creates technology specifications to be used by others. Examples of Standards include GSM, LTE, 5G, <\/span>Wi<\/span>–<\/span>Fi, CDMA, MPEG, and HTML. Examples of groups that create Standards include IEEE, ITU, 3GPP, and ETSI. <\/span> <\/span>
j<\/span>) <\/span> <\/span>\u201cSubsidiary\u201d<\/span> <\/span><\/strong>means any entity con<\/span>trolled by you through greater than fifty<\/span>–<\/span>one<\/span> <\/span>percent (5<\/span>1<\/span>%) ownership of the voting <\/span>securities. <\/span> <\/span>
k<\/span>) <\/span> <\/span>\u201cSupport\u201d or \u201cTechnical Support\u201d<\/span><\/strong> <\/span>means the support services offered by STASH\u00ae<\/span><\/span>\u00a0Global Inc.<\/span> <\/span>for the support and maintenance<\/span> <\/span>of the Software and the STASH\u00ae<\/span><\/span>\u00a0Global <\/span>