Examples of Boomi Services in a sentence
Customer understands and agrees that (i) the Boomi Services are protected by copyright and other intellectual property laws and treaties, (ii) Boomi, its Affiliates and/or its licensors own the copyright, and other intellectual property rights in the Boomi Services, (iii) this Agreement does not grant Customer any rights to Boomi’s trademarks or service marks, and (iv) Boomi reserves any and all rights, implied or otherwise, which are not expressly granted to Customer in this Agreement.
Subject to the terms of this Agreement, Boomi grants to Customer, and Customer accepts a non-exclusive, non-transferable (except as otherwise set forth herein) and non-sublicensable license to access and use the quantities of the Boomi Services identified in the applicable Order to support the internal business operations of itself and its Affiliates for the term stated on the applicable Order.
If an Order indicates that the Boomi Services are to be used by Customer for evaluation purposes, or if access to the Boomi Services is otherwise obtained from Boomi for evaluation purposes, such as a free trial or a proof of concept, Customer will be granted a right to use the Boomi Services solely for Customer’s own non-production, internal evaluation purposes (an “Evaluation Right”).
To the extent that Boomi delivers any documentation, training materials, or other written materials or software to Customer for a fee under the Professional Services Addendum, such items will be treated as Boomi Services and will be within the scope of, and subject to the limits of, this Section.
Boomi warrants that, during the term of an Order, the applicable Boomi Services will (i) substantially conform to the applicable Documentation (the “Operational Warranty”); and (ii) be available twenty-four hours a day, seven days a week except for scheduled maintenance, the installation of updates, and factors beyond the reasonable control of Boomi (the “Availability Warranty”).
If any Software delivered to Customer for Customer’s installation and use on its own equipment is provided in connection with the Boomi Services, the license duration for such Software will be for the term stated on the applicable Order.
Customer’s purchase of Boomi Services and access to related technology (the “Materials”) are for its own use, not for resale, export, re-export, or transfer.
Customer hereby agrees to use the Boomi Services in accordance with the Export Controls, and shall not export, re-export, sell, lease or otherwise transfer the Boomi Services or any copy, portion or direct product of the foregoing in violation of the Export Controls.
Customer is solely responsible for obtaining all necessary licenses or authorizations relating to the export, re-export, sale, lease or transfer of the Boomi Services and for ensuring compliance with the requirements of such licenses or authorizations.
For purposes of this Section, “Personal Data” means any information relating to an identified or identifiable natural person that is submitted by Customer to the Boomi Services during this Agreement or which is received, accessed and/or processed by Boomi in the capacity of “processor” acting on behalf of Customer, as “controller”, in connection with the performance of the Boomi Services under this Agreement.