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- “Accessible Code” means source code that is unprotected and accessible.
- “Affiliate” means another entity controlled by or under common control with the subject entity. “Control,” for purposes of this definition, means direct or indirect ownership or control of more than 50% of the voting interests of the subject entity.
- “Application” means the Atlassian JIRA application within which the Software runs.
- “Authorized User” means a person who accesses and uses the Software under a User License.
- “Cloud Products” means Visinture Software hosted in the cloud, such as its products under the brand name of Crystal Gantt Pro.
- “Embedded Software” means any third party software licensed by Licensor from a third party and embedded in the Software.
- “Fees” mean all fees and expenses payable by the Licensee to Licensor in acquiring the Software and as applicable any Maintenance or User Licenses.
- “Free License” means a license for which the Fees are waived by Licensor.
- “Maintenance” means the provision by Licensor to Licensee, of Software updates and/or enhancements made generally available to customers from time to time, and online technical support for the sole purpose of addressing technical issues relating to the use of the Software.
- “Media” means all images, icons, text files, pdfs or other static non-code assets contained within the Software.
- “OEM Distribution” means distribution of the Software as either a bundled add-on to, or embedded component of, another application with such application being made available to its users as, but not limited to, an on-premises application, a hosted application, a Software-as-a-Service offering or a subscription.
- “Paid License” means a license for which Fees have not been waived by Licensor.
- “Parties” means either Licensor or the Licensee or both.
- “Protected Code” means any source code that is protected against access by the Licensee and any third party without Licensor’s prior written permission and is otherwise not accessible under this EULA.
- “Purchase” means acquisition of the Software from a Reseller or Licensor.
- “Reseller” means a third party selling and distributing Licensor services, products, or both, under authorization from the Licensor.
- “Software” means the Licensor’s “Crystal Gantt Pro” Gantt” branded software that accompanies this EULA, which may include computer software, Accessible Code and Protected Code, associated media, Media, printed materials, electronic documentation, Internet-based services and Embedded Software.
- “User License” means a license granted under this EULA to the Licensee to permit an Authorized User to use the Software. The number of User Licenses granted to the Licensee is dependent on the Fees paid by the Licensee.
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