END-USER LICENSE AND SUPPORT AGREEMENTEnd-User License and Support Agreement • September 30th, 2021 • New York
THIS AGREEMENT BETWEEN CUSTOMER AND MARTELLO SHALL AUTOMATICALLY TAKE EFFECT UPON AND, IN CONSIDERATION OF THE USE OF THE SOFTWARE, CUSTOMER AGREES TO BE BOUND BY THE TERMS AND CONDITION OF THIS AGREEMENT UPON THE EARLIER OCCURRENCE OF ONE OF THE FOLLOWING EVENTS: (A) CUSTOMER INSTALLS, ACCESSES OR USES THE LICENSED PRODUCT(S), WHETHER OR NOT HAVING SIGNED THE ORDER FORM OR PAID A LICENSE FEE; (B) CUSTOMER ENTERS INTO AN AGREEMENT WITH MARTELLO, FOR INSTANCE BY RETURNING A SIGNED ORDER FORM, PURSUANT TO WHICH CUSTOMER OBTAINS THE RIGHT TO USE THE LICENSED PRODUCT(S) IN ACCORDANCE WITH THIS AGREEMENT; (C) CUSTOMER ENTERS INTO AN AGREEMENT WITH A PARTNER PURSUANT TO WHICH CUSTOMER OBTAINS THE RIGHT TO USE THE LICENSED PRODUCT(S) IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT; OR (D) CUSTOMER 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 END-USER OF AN E
