Certain capitalized terms are defined in this Section 23, and others are defined contextually in this Agreement.
“Additional Services” means Technical Account Manager (“TAM”) services, advisory, consulting, Support and Maintenance or
other services related to the Software provided to you by SYNE, as identified in an Order.
“Affiliate” means an entity which, directly or indirectly, owns or controls, is owned or is controlled by or is under common ownership or control with a party, where “control” means
the power to direct the management or affairs of an entity, and “ownership” means the beneficial ownership of greater than 50% of the voting equity securities or other equivalent voting interests of the entity.
(unless otherwise specified) any other policies or terms referenced in this Agreement.
“SYNE Technology” means the Software (including all No-Charge Software), their “look and feel”, any and all related or underlying technology and any modifications or derivative
works of the foregoing, including as they may incorporate Feedback.
“Authorized Users” means the specific individuals whom you designate to use the applicable Software and for whom you have paid the required fees.
Authorized Users may be your or your Affiliates’ employees, representatives, consultants, contractors, agents or other third parties who
are acting for your or your Affiliates’ benefit or on your or your Affiliates’ behalf.
Authorized Users also include any Secondary Users that you permit to use the Software, subject to Section 2 (Secondary Users).
“Documentation” means our standard published documentation for the Software, currently located at Documentations – SYNE.
“Feedback” means comments, questions, ideas, suggestions or other feedback relating to the Software, Support and Maintenance or Additional Services.
“Laws” means all applicable local, state, federal and international laws, regulations and conventions, including those related to data privacy and data transfer,
international communications and the exportation of technical or personal data.
“License Term” means your permitted license term for the Software, as set forth in an Order.
“New Releases” means any bug fixes, patches, major or minor releases, or any other changes, enhancements, or modifications to
the Software that SYNE makes available to you as part of Support and Maintenance.
“Order” means SYNE’s applicable ordering documentation or other purchase flow referencing this Agreement.
Orders may include purchases of Software licenses, Support and Maintenance, Additional Services, increased or upgraded Scope of Use or renewals.
“Product-Specific Terms” means additional terms that apply to certain Software and Additional Services, currently located here.
“Scope of Use” means your authorized scope of use for the Software as specified in the applicable Order, which may include: (a) number and type of
Authorized Users, (b) numbers of licenses, copies or instances, or (c) entity, division, business unit, website, the field of use or other restrictions or billable units.
“Software” means SYNE’s commercially available software products (currently designated as “SaaS”), including mobile applications of such products.
Your Order will specify the Software that you may use.
“Support and Maintenance” means SYNE support and maintenance services for the Software.
“Training” means SYNE-provided training and certification services.