Definitions of words used in our terms.
Modification Date: Feb 14th, 2010"AFFILIATE" shall mean any entity controlled by, controlling, or under common control with Customer. Such entity shall be deemed to be an "Affiliate" only so long as such control exists. Upon request, Customer agrees to confirm the Affiliate status of a particular entity.
"COMMENCEMENT DATE" of each Program License shall mean the date on which the Ordered Program is first delivered to Customer.
"CUSTOMER" - person or business entity requesting services or products from "Srest". It shall include all its Affiliate.
"DESIGNATED SYSTEM" shall mean Customer's computer hardware and operating system designated on the Order Form or Sales Proposal or as listed in manuals.
"DOCUMENTATION" shall mean SRest’s then current published guides, manuals and online help for the ordered Programs and/or services.
"EFFECTIVE DATE" shall mean the effective date set forth on Agreement or invoice or receipt.
"PRE-PRODUCTION PROGRAM" shall mean a software program which is (i) not generally licensed for commercial use by Srest, (ii) not listed as generally available in SRest’s marketing literature, or (iii) designated by Srest as an "Alpha," "Beta," or "Pre Production" program or release.
"MAINTENANCE SERVICES" shall mean the services provided under SRest’s standard Maintenance Services policy in effect on the date such services are ordered.
"ORDER FORM" shall mean the document, substantially in the form of "Order Form", by which Customer orders Program Licenses and related services and which is executed by the parties. Each Order Form shall reference the Effective Date and shall upon signature by both parties, be incorporated into an Agreement.
"ORDERED PROGRAMS" shall mean the User Programs and System Programs as delivered by Srest as listed in one or more "Order Forms" or invoice or sales proposal or .
"PRODUCTS/PRODUCT" shall mean (i) the User Programs and System Programs, (ii)Software, (iii) Products (iv) Online Products and (iv) Updates. “Product” is the following, including the original and all whole or partial copies: 1) machine-readable instructions (software) and data, 2) components, 3) audio-visual content (such as images, text, recordings, or pictures), 4) related licensed materials, and 5) license use documents or keys, and documentation. For the purposes of all Srest Agreement and terms, Program means both singular and plural when the Agreement is provided with more than one Program.
“PROOF OF ENTITLEMENT” (“PoE”) is evidence of Your authorization to use a Program at a specified level. That level may be measured, for example, by the users. The PoE is also evidence of Your eligibility for future upgrade prices, if any, and potential special or promotional opportunities. If Srest does not provide You with a PoE, then srest may accept the original paid sales receipt or other sales record from the party (either srest or its reseller) from whom You acquired the Program, provided that it specifies the name of the Program and the usage level acquired.
"PROGRAM LICENSE" shall mean each license granted to Customer for a user to use a Program.
"SERVER SYSTEM" shall mean the server hardware and operating system of "Customer" specified on the "Order Form".
"SITE" shall mean the internet sites hosted by Srest at www.srest.net and www.srest.com
"SREST" shall mean SREST GLOBAL SERVICE INC, a company incorporated and registered under the laws prevailing inNJ, USA and having its Registered Office at 705 Green Hollow Drive, Iselin, NJ, 08830.
"SOFTWARE" means same as product
"SYSTEM PROGRAMS" same as product.
"SUPPORTED PLATFORM" shall mean the hardware and software platforms (e.g. database server systems, application server systems, and client systems) that are supported by Srest as expressly set forth in the "Documentation". The requirements for the Supported Platform are subject to change as specified by Srest in its discretion with seven (7) days prior written notice to Customer.
"UPDATE" shall mean a subsequent release of a "Program" that "Srest" makes generally available at no additional charge for "Programs" receiving "Maintenance Services". Updates shall not include any release, option, future product, or any upgrade in features, functionality or performance of the Programs which Srest licenses separately or offers only for an additional fee; provided, however, that Updates shall include all (i) bug fixes, patches, and maintenance releases, (ii) new point releases denoted by a change to the right of the first decimal point (e.g., v30 to 31), and (iii) new major version releases denoted by a change to the left of the first decimal point (e.g., v3.0 to 4.0) so long as Customer is current on maintenance fee obligations.
"USERS" shall mean the unlimited number of individuals using the Programs and Srest Sites or ordering service from Srest. Users may include the employees of Customer or third parties; provided that such third party is limited to use of the Programs (i) only as configured and deployed by Customer, and (ii) solely in connection with Customer's business operations as conducted by or through such third party, including but not limited to the installation, administration or implementation of the Programs for Customer. Customer agrees that it is responsible for insuring that any third party usage is in accordance with the terms and conditions of this Agreement. Notwithstanding the foregoing, Users shall exclude any individuals employed by, or acting on behalf or under the direction of, a direct competitor of Srest
"USER PROGRAMS" shall mean the object code of the software specified as "User Programs" on an Order Form that resides and operates on User Systems.
"USER SYSTEM" shall mean the hardware and operating systems operated by Users, including notebook and portable computers.
"WRITTEN NOTICE" shall mean any communication sent by Srest via email or fax or mail or courier or posted online or given in hand to Customer
“YOU” and “YOUR” refer either to an individual person or to a single legal entity.
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