SAAS END-USER AGREEMENTSaas End-User Agreement • June 13th, 2022 • New York
Contract Type FiledJune 13th, 2022 JurisdictionTHIS AGREEMENT BETWEEN END-USER AND MARTELLO SHALL AUTOMATICALLY TAKE EFFECT UPON AND, IN CONSIDERATION OF THE USE OF THE SOFTWARE AND THE SERVICE, END-USER AGREES TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT UPON THE EARLIER OCCURRENCE OF ONE OF THE FOLLOWING EVENTS: (A) END-USER ACCESSES OR USES THE SOFTWARE AND/OR SERVICE; (B) END-USER ENTERS INTO AN AGREEMENT WITH MARTELLOPURSUANT TO WHICH END- USER OBTAINS THE RIGHT TO ACCESS AND/OR USE THE SOFTWARE AND/OR SERVICES, IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT; OR (C) END-USER CLICKS “I AGREE” OR OTHERWISE SIGNIFIES THEIR INTENTION TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF THE INDIVIDUAL ACCEPTING THIS AGREEMENT IS AN AGENT, EMPLOYEE OR USER OF AN ENTITY, HE/SHE/THEY REPRESENT AND WARRANT THAT: (I) THEY ARE DULY AUTHORIZED TO ACCEPT THIS AGREEMENT ON SUCH ENTITY’S BEHALF AND TO BIND SUCH ENTITY, ITS AFFILIATES AND ALL USERS WHO ACCESS AND/OR USE THE SOFTWARE AND/OR THE SERVICES; AND (II) SUCH ENT