UCG Technologies Terms of Service: Cloud Terms

Cloud Services Specific Terms

These terms (the “Cloud Services Terms”) apply to UCG Technologies cloud back-up services (“Cloud Services”). By purchasing the Cloud Services through an Order Form or otherwise using the Cloud Services, Customer agrees to be bound by the General Enterprise Terms, these Cloud Services Terms, and the Order Form applicable to Cloud Services. Capitalized terms not defined in these Cloud Services Terms have the meaning given to them the General Enterprise Terms.

1. Access Authorization.

Subject to the terms and conditions of this Agreement and the applicable Order Form, Customer and its Authorized Users may access and use Cloud Services solely (i) for Customer’s internal business operations, with no right to make such Cloud Services available to third parties by providing a hosted service; (ii) in accordance with the applicable Documentation; and (iii) in accordance with any Restrictions and Requirements applicable to the Cloud Services. Customer’s authorization to use the Cloud Services is non-exclusive, non-transferable, non-sublicensable, terminable and limited to the Restrictions as set forth in the specific Products and Services Documentation.

2. Client Software.

The Cloud Services may require software be installed within Customer’s Environment (the “Client Software”). Subject to the terms and conditions of this Agreement and the applicable Order Form, UCG Technologies grants to Customer a non-exclusive, non-transferable, revocable, fee-bearing, limited license (without the right to sublicense) to install, execute and use the Client Software solely: (i) in object code format; (ii) for Customer’s internal business operations, with no right to make such software available to third parties either by transferring copies thereof or by providing a hosted service; and (iii) in accordance with any Restrictions, Requirements and Documentation applicable to the Cloud Services. Customer’s license in the Client Software is co-terminus with Customer’s right to access the Cloud Services for which the Client Software is required.

3. Custom Retention Services.

If Customer has specific retention requirements that deviate from UCG Technologies standard retention schedule as set forth in the Documentation, Customer must purchase UCG Technologies “Cloud Backup Custom Retention Services,” which allows Customer to set a custom retention schedule that is different than the standard UCG Technologies retention schedule.

4. Technical Support Services.

Unless otherwise indicated in any Order Form, the Cloud Services are provided with the Technical Support Services at no additional charge.