Intellectual Property Rights also include any and all rights associated with particular information that are granted by law and that give the owner, independent of contract, exclusive authority to control use or disclosure of the information, including privacy rights and any rights in databases recognized by applicable law. “ Intellectual Property Rights” means the legal rights held by the owner of a copyright, patent, trademark, or trade secret, including (i) the rights to copy, publicly perform, publicly display, distribute, adapt, translate, modify and create derivative works of copyrighted subject matter (ii) the rights to exclude others from using, making, having made, selling, offering to sell, and importing patented subject matter and to practice patented methods, (iii) the rights to use and display any marks in association with businesses, products or services as an indication of ownership, origin, affiliation, or sponsorship and (iv) the rights to apply for any of the foregoing rights, and all rights in those applications.
“ Including” (and its derivative forms, whether or not capitalized) means including without limitation. 1338), as may be amended from time to time, and its implementing regulations, and the “Interagency Guidelines Establishing Standards for Safeguarding Client Information” (12 CFR Part 364). “ Data Privacy and Security Laws” means all applicable federal, state, regional, territorial and local laws, statutes, ordinances, regulations, rules, executive orders, of or by any United States federal or state government entity, or any authority, department or agency thereof governing the privacy, data protection and security of Personally Identifiable Information and security breach notification relating to Personally Identifiable Information, and any other laws in force in any jurisdiction (regulatory or otherwise) in which the SaaS is being utilized, including Title V of the Gramm-Leach-Bliley Act of 1999 (Public Law 106-102, 113 Stat. “ Client Data” means any data owned by Client or an Authorized Client Entity that is submitted to the Service for processing transmission, and/or storage. “ Content” means any data, media, information and/or other type or form of content displayed, distributed or otherwise made available to a Party through or in connection with the SaaS or other Services, including User Content and EstateSpace Content.
“ Confidential Information” means all non-public written or oral information, disclosed by either Party to the other, related to the business or operations of either Party or a third-party that has been identified as confidential or that by the nature of the information or circumstances surrounding its disclosure ought reasonably to be understood as being confidential. If no Authorized Purpose is stated, the Authorized Purpose shall be limited to use of the SaaS in Client’s and Authorized Client Entities’ internal business operations. “ Authorized Purpose(s)” means those purposes set forth on EstateSpace’s Web Site describing the purposes for which the applicable SaaS and associated Content are permitted to be used by Client, Authorized Client Entities, and their Authorized Users.
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“ Authorized User(s)” means end users of Client and Authorized Client Entities who have completed EstateSpace’s online registration process or who otherwise receive a user ID or other access credentials from EstateSpace or Client authorizing them to access and use the SaaS. “ Authorized Client Entities” means specific Client-affiliated entities named or who are authorized to access and use the Service during the Subscription Term. “ Applicable Laws” means all legislation, statutes, regulations, ordinances, rules, judgments, orders, decrees, rulings, and other requirements enacted, promulgated, or imposed by any governmental authority or judicial or regulatory body (including any self-regulatory body) at any level (e.g., municipal, county, provincial, state or national) that are applicable to or enforceable against a Party or its personnel in relation to their activities under or pursuant to this Agreement.
“ Agreement” means the SaaS agreement between Client and EstateSpace consisting of these Terms and Conditions. EstateSpace and Client may be referred to herein individually as a “ Party” and collectively as “ Parties.” The following Software-as-a-Service Terms and Conditions apply to the legal Agreement formed between EstateSpace, LLC (“ EstateSpace”) and the client purchasing a SaaS subscription that is accompanied by or references this document (“ Client”).