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2033 Oak Industrial Dr. NE, Grand Rapids, MI 49505 www.terryberry.com
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<br />confidential or proprietary and any other information, whether written or oral, that the Recipient should reasonably understand is
<br />confidential or proprietary to the Discloser.
<br />11.1.6.“Customer Data” means all electronic data, files and records which are provided or made available by Customer or any
<br />Authorized User and received, processed or stored by Terryberry, its contractors or the Subscription Service as part of the SaaS
<br />Products provided to Customer.
<br />11.1.7.“Customer Marks” means all registered or common law Customer trademarks, trade names, service marks, slogans, and
<br />logos and such other Customer trademarks or logos as Customer identifies from time to time to Terryberry for branding or other use
<br />in connection with the SaaS Products.
<br />11.1.8.“Indirect Taxes” means excise, sales, use, gross-turnover, value added, goods and services tax or other similar types of
<br />indirect taxes on turnover and/or revenues, duties, customs or tariffs (however designated, levied or based and whether foreign or
<br />domestic, federal, state or province).
<br />11.1.9.“Intellectual Property” means proprietary material, technology, or processes, including, but not limited to: services, software
<br />tools, proprietary framework and methodology, hardware designs, algorithms, works of authorship, inventions, deliverables, work
<br />product, trade secrets and developments objects, network designs, know-how, trade secrets and any related intellectual property
<br />rights throughout the world (whether owned or licensed by a third party), and any derivatives, improvements, enhancements or
<br />extensions of such Intellectual Property conceived, reduced to practice, or developed. For avoidance of doubt, Intellectual Property
<br />of Terryberry shall also include Intellectual Property created, developed, conceived, acquired, authored or reduced to practice by or
<br />on behalf of a Terryberry, whether alone or jointly with others.
<br />11.1.10.“Order” means a Terryberry quote or other ordering document agreed to by Customer, specifying the SaaS Products,
<br />pricing, payment terms, quantities, expiration date, and other applicable terms.
<br />11.1.11.“Third-Party Services” means any individual or entity that has an agreement with Customer or its Authorized Users to
<br />administer, manage, support, or otherwise facilitate Customer’s (or its Authorized Users’ or Affiliates’) access and/or use of the
<br />Subscription Services or any features thereof.
<br />11.1.12.“Prohibited Persons” means anyone on the U.S. Commerce Department’s Denied Persons, Entity, or Unverified Lists or the
<br />U.S. Treasury Department’s list of Specially Designated Nationals and Consolidated Sanctions list.
<br />11.1.13.“Subscription Term” means the period of time during which Customer is subscribed to the SaaS Products, as specified in an
<br />Order and which shall begin upon delivery of the SaaS Products.
<br />11.1.14.“Suggestions” means any feedback, ideas, or suggestions for improvements, new features, customer experience,
<br />functionalities, corrections, enhancements, or changes to the SaaS Products provided by Customer to Terryberry, excluding any
<br />Customer Data and Customer Intellectual Property.
<br />11.1.15.“Support Services” means the maintenance and support services for the SaaS Products provided by Terryberry to Customer
<br />as part of an active SaaS Products subscription.
<br />11.1.16.“Usage Analytics” means data generated in connection with Customer’s access, use and configuration of the SaaS Products
<br />and data derived from it (e.g., types of applications or accounts utilized or interacting with the SaaS Products, including metadata,
<br />usage statistics, telemetry, support data, session metadata, logs, types of applications or accounts utilized or interacting with the
<br />SaaS Products and threat detection data).
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<br />ATTY/AGR.2026.217/Terryberry (Employee Service Awards) (Page 35 of 36)
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