As used in this Agreement the following terms have these meanings:
“Business Hours” shall mean the hours between 9 am and 6 pm, Hong Kong Time, Monday through Friday, exempting recognized Hong Kong and company declared holidays.
“Content” means the visual information, documents, software, products and services contained or made available to you in the course of using the Service, other than Third Party Data.
“Third Party Data” means any data, information (including without limitation personally identifiable information), content, templates, forms, or material provided, made available, or submitted by you to the Service or retrieved by the Service from your Third Party System/Service account,.
“Documentation” means CalcFusion’s Guides and Release Notes that are generally made available by CalcFusion to all customers.
“Force Majeure” means events or circumstances beyond a party’s reasonable control, including without limitation, acts of God, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labor problems (other than those involving CalcFusion’s employees), telecommunications or network failures or delays, computer failures involving hardware or software not within CalcFusion’s possession or reasonable control, and acts of vandalism (including network intrusions and denial of service attacks).
“Intellectual Property Rights” means unpatented inventions, patent applications, patents, design rights, copyrights, trademarks, service marks, trade names, domain name rights, mask work rights, know-how and other trade secret rights, and all other intellectual property rights, derivatives thereof, and forms of protection of a similar nature anywhere in the world.
“Administrator(s)” mean those Users designated by you who are authorized to purchase licenses and otherwise administer your use of the Service.
“License Term(s)” means the period(s) You are licensed to use the Service pursuant to Your Subscription.
“Third Party System/Service” means the system or service provided by a Third Party to which CalcFusion is communicating with and is needed to provide the Service.
“CalcFusion System” means the hardware, software, network equipment, and other technology used by CalcFusion to deliver the Service.
“CalcFusion Technology” means the CalcFusion System, and any other of CalcFusion’s proprietary technology (including software, hardware, products, processes, algorithms, user interfaces, know-how, techniques, designs and other tangible or intangible technical material or information) made available to you by CalcFusion in providing the Service.
“Support Services” means technical assistance provided by CalcFusion personnel to your Administrator(s) relating to Support Incidents.
“Support Incident” means (i) a basic question related to the use or configuration of the Service, or (ii) a reproducible non-conformity in the Service causing the Service not to operate in substantial conformance with the applicable Documentation.