PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THIS PRODUCT. BY DOWNLOADING, INSTALLING OR USING THIS PRODUCT, YOU ACCEPT AND AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT. FOR ORDERS PLACED OUTSIDE THE UNITED STATES OF AMERICA, PLEASE GO TO TO VIEW THE APPLICABLE VERSION OF THIS AGREEMENT FOR YOUR REGION. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT OR THE APPLICABLE VERSION OF THIS AGREEMENT FOR YOUR REGION, DO NOT DOWNLOAD, INSTALL OR USE THIS PRODUCT. IF YOU HAVE A SIGNED AGREEMENT WITH PROVIDER THAT IS SPECIFICALLY REFERENCED IN AN ORDER THAT IS EXECUTED BETWEEN YOU AND PROVIDER, THEN THAT SIGNED AGREEMENT WILL SUPERSEDE THIS AGREEMENT.
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This Software Transaction Agreement (the “Agreement”) is made between you, the Customer (“ Customer” or “ You”) and the Provider, as defined below. • Definitions. Capitalized terms not defined in context shall have the meanings assigned to them below: (a) “Affiliate” means any legal entity controlling, controlled by, or under common control with a party to this Agreement, for so long as such control relationship exists. (b) “Appliance” means a computer hardware product upon which the Software is pre-installed and delivered. (c) “Documentation” means the user manuals and documentation that Provider makes available for the Software, and all copies of the foregoing.
(d) “eStore” means Provider’s online Software ordering system located at (e) “License Type” means the model by which the Software is licensed (e.g., by server, by mailbox, by managed user) as indicated in the applicable Order. (f) “Maintenance Services” means Provider’s maintenance and support offering for the Products as identified in the Maintenance Services Section below. (g) An “ Order” is either (i) an ordering document signed by Customer and Provider (“ Signed Order”), (ii) an order placed through the eStore, or (iii) a Customer purchase order (“ PO”) submitted to Provider. All Orders are governed solely and exclusively by this Agreement and any additional or varying terms stated on (a) a Signed Order or (b) a Provider quotation referenced on a PO that states that it is governed exclusively by such quotation (“ Governing Quotation ”). Each Order shall be Customer’s irrevocable commitment to purchase and pay for the Products and/or Maintenance Services stated in the Order and each Order placed with Provider shall be subject to approval by Provider in writing or by performance.
(h) “Partner” means a reseller or distributor that is under contract with Provider or another Partner and is authorized via such contract to resell the Products and/or Maintenance Services. (i) “Product Guide” means the document located at that contains the Product Terms. (j) “Product Terms” means the terms associated with each License Type and any other terms associated with an individual Product. The Product Terms for Products in a Signed Order or a Governing Quotation shall be as stated in the Signed Order or Governing Quotation.