Common use of SaaS Services Clause in Contracts

SaaS Services. Subject to Customer’s compliance with the terms of this Agreement, Virtana will provide Customer with access to the SaaS Services through the internet. Virtana reserves the right to suspend Customer’s access to the SaaS Services for (i) scheduled or emergency maintenance, or (ii) in the event Customer is in breach of this Agreement, including failure to pay any amounts due to Virtana, provided that Virtana shall use reasonable efforts to notify Customer prior to a suspension where feasible given the nature of the issue giving rise to the suspension, and provided further that Virtana will immediately restore Customer’s access to the SaaS Services as soon as the issue causing the suspension is resolved. In connection with use of the SaaS Services, Customer may provide certain data, including, for example, metadata associated with that data, to Virtana (“Customer Data”), and Customer hereby grants Virtana a non-exclusive license to use such Customer Data to provide the SaaS Services to Customer. Customer understands and agrees that it shall not provide any personally-identifiable information or data as part of the Customer Data, and that only business contact information of Users will be shared with Virtana as necessary for login to the SaaS Services and to provide Support Services, Professional Services, and engage in routine business communications between the parties on a confidential basis. If Customer uploads Customer Data in a way that allows such Customer Data to be shared with other Virtana customers using the SaaS Services, Customer further grants (i) Virtana a license to make that Customer Data available to such third party users and provide any services necessary to do so, and (ii) such third party users a license to access such Customer Data, and to use such rights in the Customer Data as permitted by the functionality of the SaaS Services. Customer represents and warrants that it has the right, and has obtained all necessary consents, to provide the Customer Data. If Virtana receives any notice or claim that any Customer Data or activities hereunder with respect to such Customer Data, may infringe or violate a third party’s rights or any laws or regulations, Virtana may suspend or terminate Customer’s access to the SaaS Services and remove such Customer Data. Customer will be responsible for maintaining the security of any Customer account, passwords and files, and for all uses of Customer’s SaaS Services account with or without Customer’s knowledge or consent.

SaaS Services. Subject to Customer’s compliance with the terms of this Agreement, Virtana will provide Customer with access to the SaaS Services through the internet. The SaaS Services are subject to modification from time to time at Virtana’s sole discretion, for any purpose deemed appropriate by Virtana. Virtana reserves the right to suspend Customer’s access to the SaaS Services for (i) scheduled or emergency maintenance, or (ii) in the event Customer is in breach of this Agreement, including failure to pay any amounts due to Virtana, provided that Virtana shall use reasonable efforts to notify Customer prior to a suspension where feasible given the nature of the issue giving rise to the suspension, and provided further that Virtana will immediately restore Customer’s access to the SaaS Services as soon as the issue causing the suspension is resolvedService Provider. In connection with use of the SaaS Services, Customer may provide certain data, including, for example, metadata associated with that data, to Virtana (“Customer Data”), and Customer hereby grants Virtana a non-exclusive license to use such Customer Data to provide the SaaS Services to Customer. Customer understands and agrees that it shall not provide any personally-identifiable information or data as part of the Customer Data, and that only business contact information of Users will be shared with Virtana as necessary for login to the SaaS Services and to provide Support Services, Professional Services, and engage in routine business communications between the parties on a confidential basis. If Customer uploads Customer Data in a way that allows such Customer Data to be shared with other Virtana customers using the SaaS Services, Customer further grants (i) Virtana a license to make that Customer Data available to such third party users and provide any services necessary to do so, and (ii) such third party users a license to access such Customer Data, and to use such rights in the Customer Data as permitted by the functionality of the SaaS Services. Customer represents and warrants that it has the right, and has obtained all necessary consents, to provide the Customer Data. If Virtana receives any notice or claim that any Customer Data or activities hereunder with respect to such Customer Data, may infringe or violate a third party’s rights or any laws or regulations, Virtana may suspend or terminate Customer’s access to the SaaS Services and remove such Customer Data. Customer will be responsible for maintaining the security of any Customer account, passwords and files, and for all uses of Customer’s SaaS Services account with or without Customer’s knowledge or consent.

SaaS Services. Subject to Customer’s compliance with the terms of this Agreement, Virtana will provide Customer with access to the SaaS Services through the internet. Virtana reserves the right to suspend Customer’s access to the SaaS Services for (i) scheduled or emergency maintenance, or (ii) in the event Customer is in breach of this Agreement, including failure to pay any amounts due to VirtanaChannel Partner, provided that Virtana shall will use reasonable efforts to notify Customer prior to a suspension where feasible given the nature of the issue giving rise to the suspension, and provided further that Virtana will immediately restore Customer’s access to the SaaS Services as soon as the issue causing the suspension is resolved. In connection with use of the SaaS Services, Customer may provide certain data, including, for example, metadata associated with that data, to Virtana (“Customer Data”), and Customer hereby grants Virtana a non-exclusive license to use such Customer Data to provide the SaaS Services to Customer. Customer understands and agrees that it shall will not provide any personally-identifiable information or data as part of the Customer Data, and that only business contact information of Users will be shared with Virtana as necessary for login to the SaaS Services and to provide Support Services, Professional Services, and engage in routine business communications between the parties on a confidential basis. If Customer uploads Customer Data in a way that allows such Customer Data to be shared with other Virtana customers using the SaaS Services, Customer further grants (i) Virtana a license to make that Customer Data available to such third party users and provide any services necessary to do so, and (ii) such third party users a license to access such Customer Data, and to use such rights in the Customer Data as permitted by the functionality of the SaaS Services. Customer represents and warrants that it has the right, and has obtained all necessary consents, to provide the Customer Data. If Virtana receives any notice or claim that any Customer Data or activities hereunder with respect to such Customer Data, may infringe or violate a third party’s rights or any laws or regulations, Virtana may suspend or terminate Customer’s access to the SaaS Services and remove such Customer Data. Customer will be responsible for maintaining the security of any Customer account, passwords and files, and for all uses of Customer’s SaaS Services account with or without Customer’s knowledge or consent. Notwithstanding anything to the contrary in this Agreement, Apollo has the right to collect and use data or logs (other than Customer Data) relating to the operation, performance, environment, vulnerabilities, integrity, security, support and/or usage of the SaaS Services (“Service Data”) to develop, improve, support, and operate its products and services during and after the term of this Agreement. This Section does not give Apollo the right to identify Customer as the source of any Service Data without written permission from Customer. Service Data will never incorporate or use any Customer Data. Virtana will implement and require that its hosting providers implement industry-standard technical, administrative and physical safeguards within the SaaS Services to maintain the integrity, confidentiality, and security of Customer Data in its possession or control as required by applicable law or regulation. Virtana will provide notification of any verified breach of the foregoing safeguards of which it is aware within forty-eight (48) hours of becoming aware of the same, unless earlier notification is required by law, and will take prompt steps to remediate the same at its cost and expense, unless Customer or its users were the cause of the breach. Additional information pertaining to Virtana’s data security policies and procedures are available on request and constitute Virtana’s Confidential Information hereunder.