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“Services” means Support or other services Imperva may provide pursuant to this Agreement, excluding SaaS Services. “SaaS Services” means Imperva’s software-as-a-service offerings (including content, updates and upgrades) that may be made available to End User by Imperva or its subsidiaries directly or through an authorized third party, in each case pursuant to an Order. “Quote” means an Imperva sales quotation which sets out Products and Services by SKU and which may include corresponding Product descriptions and details of the applicable Licensed Volume. #TEMPORARY LICENSE KEY FOR INSSIDER SOFTWARE SOFTWARE#“Products” means Appliances, Software or SaaS Services, and/or any part or combination of the same. “Professional Services” means the installation, configuration, training and other services that Imperva may provide to an End User pursuant to a SOW. “Order” means, (i) an order form executed by End User and submitted to Imperva or (ii) a purchase order submitted by End User, or in respect of an End User by an Imperva authorized third party, in each case, in response to a Quote (which the Order is deemed to include) and that is accepted by Imperva. #TEMPORARY LICENSE KEY FOR INSSIDER SOFTWARE CODE#“Open Source Software” means third party software that Imperva distributes with the Software or utilizes in connection with the SaaS Services pursuant to (i) an open source license, including (by way of example only) the GNU General Public License, GNU Lesser General Public License, Apache License, Mozilla Public License, BSD License, MIT License, any other license approved as an open source license by the Open Source Initiative, and any derivative of the foregoing licenses or (ii) any other license that requires, as a condition of use, modification, distribution and/or otherwise making available of such software, that the software or other software combined and/or distributed with it be (a) disclosed or distributed in source code form (b) licensed for the purpose of making derivative works or (c) redistributable at no charge. “Licensed Volume” means the volume or other measurement or conditions of permitted use for the Products as set out in the applicable SKU or as otherwise set out in a Quote. “Evaluation Products” means (i) Software or SaaS Services released for purposes of testing and evaluation prior to such Software or SaaS Services being made commercially available or (ii) certain Products and related Documentation that Imperva elects to make available to End User on a temporary basis for non-commercial use solely for internal evaluation purposes. “Documentation” means Imperva’s standard technical specifications that describe the Products, including the installation, use, operation, features and / or functionality of the Products, and how Imperva provides Support in relation to the same, as available at as updated by Imperva from time-to-time. #TEMPORARY LICENSE KEY FOR INSSIDER SOFTWARE DOWNLOAD#“Delivery” means, (i) in the case of Software, when the Software is made available by Imperva for End User to electronically download (ii) in the case of SaaS Services, when the SaaS Service has been made available by Imperva for End User to access and (iii) in the case of an Appliance, when the Appliance has been tendered by Imperva for shipment. ![]() “Customer Support Guide” means the part of the Documentation that describes Support. “Appliance” means the Imperva branded computer hardware on which Software operates. In this Agreement, the following capitalized terms shall have the meanings set out below: IF THE TERMS OF THE AGREEMENT ARE CONSIDERED AN OFFER, ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS.Ī. ![]() IF END USER DOES NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, CLICK THE “CANCEL” BUTTON, DISCONTINUE THE SET-UP AND INSTALLATION OR DISCONTINUE USE OF THE PRODUCT. IN THE EVENT YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A CORPORATE OR OTHER PUBLIC OR PRIVATE ENTITY, END USER REFERS TO THAT ENTITY, AND YOU CERTIFY THAT YOU ARE AN AUTHORIZED REPRESENTATIVE OF THE END USER. BY CLICKING ON THE “ACCEPT” BUTTON, TAKING AN ACTION TO INDICATE ACCEPTANCE, OR USING THE PRODUCTS (AS DEFINED BELOW) YOU ON BEHALF OF END USER AGREE TO THE TERMS OF THIS END USER LICENSE AND SERVICES AGREEMENT (“AGREEMENT”) WITH IMPERVA, INC.
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