AQUA-METRIC SALES COMPANY (2) - Laserfiche WebLink

Home Browse Search

include storing all data entered and maintained by Users through use of the Software. (0) "Maximum Channels" means the maximum number of channels or existing systems and connected devices such as Supervisory Control and Data Acquisition (8CADA) and sensors in the emerging Internet of Things (|oT) that no|iwnt data regarding electricity being consumed by o customer of Customer or nn||ert data regarding electricity provided by a customer to Customer, with which Customer isauthorized tnuse the Software asspecified inSchedule ^A (h) "Maximum Meters" means the maximum number of meters with which Customer is authorized tmuse the Software osspecified inSchedule ^A^ (i) "Sofbmave"means the software prodUGt(S) including all Upgrades and Upgrades (as those terms are defined in the Software License and Services Agreement) that SmartWorks licensed to Customer pursuant hothe Software License Agreement and as listed in Schedule "A" of the Software License and Services Agreement. (j) "Software License and Services Agreement" shall have the meaning ascribed to it in the Recitals. (h) ''Third Party Components" means any third party telecommunications, enerQy/uti|ityhanaportotion, managed facilities and/or software applications and services that SmartWorks or its service providers has licensed or purchased and provided access to or otherwise made available to Customer as part ofthe Hosting Services. (|) "User" means an employee or legal agent of Customer that has been authorized by the Customer to access and use the Hosting Services. 2. Authorization Subject to the terms and conditions of this Agreement, including without limitation, payment by Customer of the Annual Hosting Fees, SmodVVorkn hereby grants to Customer u personal, non-exclusive, non -transferable limited right during the Term to allow Users to access and use the Hosting Services solely in connection with its use of the Software as permitted pursuant to the Software License and Services Agreement. |nconsideration ofreceiving the Hosting Services, Customer agrees topay toSmart8/orkmthe Fees ymdescribed in this Section 3 and Schedule "A" in accordance with the payment terms set out in Schedule "A". The Annual Hosting Fees, and any other fees set out inthis Agreement are exclusive oftaxes. Customer agrees topay all foreign, federal, state, provincial, county orlocal income taxes, value added taxes, use, personal, property sales and any other taxes, tariff, duty orsimilar charges that may be levied byataxing authority (excluding taxes onSmartWorkm'netincome). |fany Fees are not paid when due, then adSmortWodks'discretion, such Fees may accrue late interest otthe rate of1.596 (18% per onnum)ofthe outstanding balance per month, or the maximum rate permitted by law, whichever is lower, from the date such fee was due until the date paid, and/or (b) SmodWmrkm may suspend the Sen/ice, including all Customer access to the Service, pursuant to Section 10 but in no event prior to giving Customer 15 days written notice. 4.Term Unless terminated earlier inaccordance with the terms hereof, this Agreement shall commence onthe Effective Date and shall continue for a period of one (1) year (the "Initial Term"). Thereafter, this Agreement shall be N. Harris CvmputerCorpmramon—nonnmnntia| Page zor1e