“Accessible Code” means source code that is unprotected and accessible.
“Affiliate” means another entity controlled by or under common control with the subject entity. “Control,” for purposes of this definition, means direct or indirect ownership or control of more than 50% of the voting interests or of the voting directors of the subject entity.
“Authorized User” means a person who accesses and uses the Software under a User License.
“Cloud Products” means Xpand IT Software hosted in the cloud.
“Data Functions” – Some functions included at the Software to obtain information and data from the servers where the Software is installed regarding its usage. The Licensee may freely disconnect the Data Functions at any moment.
“Embedded Software” means any third party software which may contain Accessible Code, Protected Code or Media licensed by Licensor from a third party and embedded in the Software.
“Fees” mean all fees and expenses payable by the Licensee to Licensor to use the Software and as applicable any Maintenance or User Licenses.
“Free License” means a license for which the Fees are waived by Licensor.“Maintenance” means the provision by Licensor to Licensee, of Software updates and/or enhancements made generally available to customers from time to time, and online technical support for the sole purpose of addressing technical issues relating to the use of the Software.
“Media” means all images, icons, text files, pdfs or other static non-code assets contained within the Software.
“OEM Distribution” means distribution of the Software as either a bundled add-on to, or embedded component of, another application with such application being made available to its users as, but not limited to, an on-premises application, a hosted application, a Software-as-a-Service offering or a subscription.
“Paid License” means a license for which Fees have not been waived by Licensor.
“Parties” means either Licensor or the Licensee or both.
“Products” means the Software, Maintenance, Cloud Products and other services or data, distributed by Xpand IT or any Resseller.
“Protected Code” means any source code that is protected against access by the Licensee and any third party without Licensor’s prior written permission and is otherwise not accessible under this EULA.
“Purchase” means acquisition of the User License from an Reseller or Licensor.
“Reseller” means a third party selling and distributing Licensor Products under authorization from the Licensor.
“Software” means the Licensor’s “Xpand IT” branded software that accompanies this EULA, which may include computer software, Accessible Code and Protected Code, associated media, Media, printed materials, electronic or online documentation, Internet-based services and Embedded Software.
“Term” means the moment up to which one License is valid.
“User License” means a license granted under this EULA to the Licensee to permit an Authorized User to use the Software. The number of User Licenses granted to the Licensee depends on the Fees paid by the Licensee.
“Xpand IT” means Xpand Solutions – Informática e Novas Tecnologias, Lda.