BY INSTALLING IN ELOQUA OR OTHERWISE UTILIZING ANY OF 4THOUGHT MARKETING’S CLOUD SERVICES, YOU OR THE ENTITY THAT YOU REPRESENT (“LICENSEE”) ARE UNCONDITIONALLY CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS LICENSE AGREEMENT (“AGREEMENT”) AND THAT YOU HAVE READ IT IN FULL. LICENSEE’S USE OF THE CLOUD SERVICES SHALL ALSO CONSTITUTE ASSENT TO THE TERMS OF THIS AGREEMENT. IF LICENSEE DOES NOT UNCONDITIONALLY AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, DO NOT USE THE CLOUD SERVICES AND REMOVE ALL COPIES FROM YOUR VERSION OF THE ORACLE ELOQUA MARKETING CLOUD OR OTHER LOCATIONS WHERE THE CLOUD SERVICES ARE UTILIZED. IF THESE TERMS ARE CONSIDERED AN OFFER, ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS.
This Software Services Agreement (referred to as “Agreement”) is between 4THOUGHT MARKETING SA (identified in this Agreement using “we”, “us” “our” or similar words) and the LICENSEE (referred to in this Agreement as “you”, “your”, “yours” or similar words) and your affiliates.
Contact Information. The following is the contact information for the purpose of this agreement and specifically for the “Notices” Section:
For 4Thought Marketing:
5301 Porter Ranch Rd
Garden Valley, CA 95633
Contact: Legal Department
Fax: (831) 335-1448
“Non-4Thought Marketing Applications” means online applications and offline software products that are provided by entities or individuals other than Us and are clearly identified as such, and that interoperate with the Cloud Services.
“SOW” or “Order Form” are interchangeable terms that mean the documents for placing orders hereunder, including addenda thereto, that are entered into between You and Us or any of Our Affiliates from time to time, including addenda and supplements thereto and any purchased line items in this Agreement. By entering into an SOW or Order Form hereunder, an Affiliate agrees to be bound by the terms of this Agreement as if it were an original party hereto. In the event of any conflict in language between the SOW or Order Form and this Agreement, this Agreement shall take precedence.
“Purchased Services” means Cloud Services that You or Your Affiliates purchase under an Order Form or SOW, as distinguished from those provided pursuant to a free trial.
“Free Services” means the Cloud Services and other products and services that you utilize but do not pay for and are made available by Us via web pages or URLs designated by Us or delivered software, including associated offline components, as described in the User Guide. “Free Services” exclude Non- 4Thought Marketing Applications such as, but not limited to, those provided by Oracle or a CRM vendor.
“User Guide” means the online user guide along with help files, community services and videos, as updated from time to time and provided with and for the Purchased Services.
“Users” means individuals who are authorized by You to use the Cloud Services either expressly or implicitly by providing access to a system (such as Oracle Eloqua or Salesforce.com) where the Cloud Services are made available. Users may include but are not limited to Your employees, consultants, contractors and agents, and third parties with which You transact business.
“Your Data” means all electronic data or information submitted by You to the Purchased Services or transferred through the Purchased Services.
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