Solutions Addendum: DataSet Terms
These DataSet Terms (“DataSet Terms”) is between ViLogics, Inc. (“ViLogics”) and the customer (“Customer”) who has an active governing agreement (“Agreement”) in place with ViLogics and who has purchased a subscription to the DataSet (as defined below) in a Purchase Order or is engaged in an Evaluation Period with DataSet. Capitalized terms defined in these DataSet Terms shall apply to these DataSet Terms and any terms not defined in these DataSet Terms shall have their meaning as defined in the Agreement.
1.1. “DataSet” means the specific Solution Customer has purchased and been granted access to via these DataSet Terms.
1.2. “Documentation” means ViLogics’ s then-current published documentation such as technical user guides, installation instructions, articles or similar documentation specifying the functionalities of the Solutions and made available by ViLogics to Customer found here: https://app.scalyr.com/help.
1.3. “Site” means the website located at www.dataset.com.
- DATASET ACCESS AND LICENSE.
2.1. During the Subscription Term or Evaluation Period, ViLogics shall grant Customer access to DataSet for use in accordance with the Agreement and these DataSet Terms.
2.2. To the extent Customer installs software provided as part of DataSet, then subject to these DataSet Terms (and if applicable, any license terms associated with the download, installation and use of such software), ViLogics grants to Customer a worldwide, non-transferable, non-exclusive license during the Subscription Term or any Evaluation Period to access, use, execute, install (as provided for by the applicable Purchase Order), store, and display the DataSet (including Enhancements) solely in support of Customer’s (and Customer’s Affiliate(s)) internal business operations, in accordance with the Documentation describing the permissible use of DataSet.
- AVAILABILITY AND SUPPORT.
3.1. During the Subscription Term, ViLogics will undertake commercially reasonable efforts to make
DataSet available. Notwithstanding the foregoing, ViLogics reserves the right to suspend Customer’s access to DataSet: (i) for scheduled or emergency maintenance, provided, however, ViLogics will give Customer prior written notice of any such modification reasonably in advance, or (ii) upon at least seven (7) days prior written notice for scheduled maintenance. ViLogics will provide reasonable support to Customer for DataSet from Monday through Friday during ViLogics’ s normal business hours.
- LICENSE RESTRICTIONS.
4.1 Except as expressly authorized by these DataSet Terms, Customer shall not do any of the following: (i) modify, disclose, alter, translate, or create derivative works of DataSet (or any components thereof) or any accompanying Documentation; (ii) license, sublicense, resell, distribute, lease, rent, lend, transfer, assign, or otherwise dispose of DataSet (or any components thereof) or any Documentation; (iii) use DataSet other than as permitted under these DataSet Terms, as directly related to Customer’s internal business operations and in conformity with the Documentation, and not otherwise use DataSet for any other commercial or business use, including without limitation by offering any portion of DataSet as benefits or services to third parties; (iv) use DataSet or upload Customer Data in violation of any laws or regulations, including without limitation to store or transmit infringing, libelous, or otherwise unlawful or tortious material, or material in violation of third-party privacy rights; (v) use DataSet to store, transmit, or test for any viruses, software routines, or other code designed to permit unauthorized access, disable, erase, or otherwise harm software, hardware, or data, or to perform any other harmful actions; (vi) probe, scan, or test the efficacy or vulnerability of DataSet, or take any action in an effort to circumvent or undermine DataSet, except for the legitimate testing of DataSet in coordination with ViLogics, in connection with considering a subscription to DataSet as licensed herein; (vii) attempt to or actually disassemble, decompile, or reverse engineer, copy, frame, or mirror any part or content of DataSet, or otherwise derive any of DataSet’s source code; (viii) access, test, and/or use the Singularity Platform in any way to build a competitive product or service, or copy any features or functions of DataSet; (ix) interfere with or disrupt the integrity or performance of DataSet; (x) attempt to gain unauthorized access to DataSet or their related systems or networks; (xi) disclose to any third party or publish in any media any performance information or analysis relating to DataSet; (xii) fail to maintain all copyright, trademark, or proprietary notices on DataSet and any permitted copy thereof; (xiii) upload, manage, or process any Special Information in DataSet; or (xiv) cause or permit any DataSet user or third party to do any of the foregoing. Customer will ensure that Customer’s use of DataSet and Customer Data is, at all times, compliant with all applicable local, state, federal, and international laws, regulations, and conventions, including without limitation those related to data privacy and data transfer, international communications, and the exportation of technical or personal data. Customer is solely responsible for the accuracy, content, and legality of all Customer Data.
5.1 Customer will cooperate with ViLogics in connection with the performance of these DataSet Terms by making available personnel and information as may be reasonably required and taking such other actions, as ViLogics may reasonably request.
5.2 Customer will designate an employee who will be responsible for all matters relating to these DataSet Terms (“Primary Contact”). Customer may change the individual designated as Primary Contact at any time by providing written notice to ViLogics.
5.3 ViLogics has no obligation to monitor Customer Data or any other of the content provided by Customer or Customer’s use of DataSet. ViLogics reserves the right to remove Customer Data or content or prohibit any use of DataSet it believes may be (or alleged to be) in violation of Restrictions, provided, however, that ViLogics will use commercially reasonable efforts to give Customer prior written notice of any such removal reasonably in advance to allow the Customer to verify (and remove, as the case may be) such Customer Data or content.
6.1 Customer Data will be deleted periodically within thirty (30) days of the configured retention period or, if specified, within the Customer’s configured retention period.
6.2 Prior to termination of Customer’s use of DataSet, Customer may request to export “Customer Data.” After termination, all Customer Data is subject to deletion at any time, and no later than the configured retention period.