Agmt26 Terryberry - Laserfiche WebLink

Browse Search

2033 Oak Industrial Dr. NE, Grand Rapids, MI 49505 www.terryberry.com REV: 08-05-26 VR 24/36 CUSTOMER PARTICIPATION AGREEMENT Customer agrees to participate in written case studies, video case studies, online testimonials, and audio testimonials no more than four (4) times per year (together the “Production Assets”). Unless otherwise agreed to in writing by the Parties, this release will apply to all occurrences of the Production Assets set forth herein. Customer hereby gives Terryberry permission to use Customer’s name and other identifying information as part of the Production Assets, and any other Terryberry sales and marketing activities and related reference material that Customer and Terryberry mutually approve. SAAS TERMS OF SERVICE This Software-as-a-Service Agreement (this “Agreement”) is entered into by and between Terryberry Company, LLC, and/or its affiliates set forth in an applicable Order (“Terryberry”), and the company or legal entity accessing and utilizing the SaaS products hereunder (“Customer”). Terryberry and Customer may each be referred to individually as a “Party” and collectively as the “Parties.” By entering into this Agreement on behalf of Customer, the individual executing this Agreement represents and warrants that they have the authority to bind Customer to this Agreement. This Agreement sets forth the terms and conditions under which Terryberry will provide access to and maintain certain software-as-a-service offerings as Terryberry may provide from time to time as set forth in an Order (collectively, the “SaaS Products”) and any associated Support Services (together with the SaaS Products, the “Subscription Services”). 1.Access and Use. 1.1.Subscription Service. Terryberry grants to Customer the right, during the Subscription Term, a non-exclusive, nontransferable right to access and use (and to permit its Authorized Users to access and use) the SaaS Products solely for Customer’s and its Affiliates’ internal business purposes in the quantity specified in the applicable Order. Customer may exercise its right set forth in this Section 1.1 via its Authorized Users. Such license grant is subject to payment of all applicable fees set forth in the Order and the terms and conditions of this Agreement. 1.2.Subscription Service Updates. Customer acknowledges that Terryberry reserves the right at any time, or from time to time, with or without notice, to update, change or remove the content, functionality, or user interface of the SaaS Product at Terryberry’s sole discretion. Notwithstanding the foregoing, if any such change results in a material degradation of the primary functionality of the SaaS Product as reasonably determined by Terryberry, Customer shall have the right to terminate the applicable Order upon written notice to Terryberry. 1.3.Access and Use Restrictions. Customer shall not (directly or indirectly): (a) copy or reproduce the SaaS Products except as permitted under this Agreement; (b) exceed the subscribed quantities, Authorized Users or other entitlement measures of the SaaS Products as set forth in the applicable Order; (c) remove or destroy any copyright, trademark or other proprietary marking or legends placed on or contained in the SaaS Products or Terryberry Intellectual Property; (d) assign, sell, sublicense, distribute or otherwise transfer or make available the rights granted to Customer under this Agreement to any third party except as expressly set forth herein; (e) modify, reverse engineer or disassemble the SaaS Products; (f) except to the limited extent applicable laws specifically prohibit such restriction, decompile, attempt to derive the source code or underlying ideas or algorithms of any part of the SaaS Products, attempt to recreate the SaaS Products or use the SaaS Products for any competitive or benchmark purposes; (g) create, translate or otherwise prepare derivative works based upon the SaaS Products or Terryberry Intellectual Property; (h) interfere with or disrupt the integrity or performance of the SaaS Products; (i) attempt to gain unauthorized access to the SaaS Products or its related systems or networks, or perform penetrating testing on the SaaS Products without Terryberry’s prior written approval; (j) use the SaaS Products in a manner that infringes on the Intellectual Property rights, publicity rights, or privacy rights of any third party, or to store or transfer defamatory, trade libelous or otherwise unlawful data; (k) store in or process with the SaaS Products any personal health data, or other such sensitive regulated data not required for the purpose of the Agreement; (m) ATTY/AGR.2026.217/Terryberry (Employee Service Awards) (Page 24 of 36)