1.1. “Affiliate” means, with respect to a party at a given time, an entity that then is directly or indirectly controlled by, is under common control with, or controls that party, and here “control” means an ownership, voting or similar interest representing fifty percent (50%) or more of the total interests then outstanding of that entity.
1.2. “Documentation” means that documentation that is generally provided to You by Binalyze with the Software, as revised by Binalyze from time to time, and which may include end user manuals, operation instructions, installation guides, release notes, and on-line help files regarding the use of the Software.
1.3. “Guest Operating Systems” means instances of third-party operating systems licensed by You, installed in a Virtual Machine and run using the Software.
1.4. “Intellectual Property Rights” means all worldwide intellectual property rights, including without limitation, copyrights, trademarks, service marks, trade secrets, know how, inventions, patents, patent applications, moral rights and all other proprietary rights, whether registered or unregistered.
1.5. “License” means a license granted under Section 2.1 (General License Grant).
1.6. “License Key” means a serial number that enables You to activate and use the Software.
1.7. “License Term” means the duration of a License as specified in the Order.
1.8. “License Type” means the type of License applicable to the Software, as more fully described in the Order.
1.9. “Open Source Software” or “OSS” means software components embedded in the Software and provided under separate license terms.
1.10. “Order” means a purchase order, enterprise license agreement, or other ordering document issued by You to Binalyzeor a Binalyze authorized reseller that references and incorporates this EULA and is accepted by Binalyze as set forth in Section 4 (Order).
1.11. “Product Guide” means the current version of the Binalyze Product Guide at the time of Your Order, copies of which are found at www.binalyze.com/download/eula.
1.12. “Support Services Terms” means Binalyze’s then-current support policies, copies of which are posted at www.binalyze.com/support/policies.
1.13. “Software” means the Binalyze tools and the Binalyze computer programs listed on Binalyze’s commercial price list to which You acquire a license under an Order, together with any software code relating to the foregoing that is provided to You pursuant to a support and subscription service contract and that is not subject to a separate license agreement.
1.14. “Territory” means the country or countries in which You have been invoiced; provided, however, that if You have been invoiced within any of the European Economic Area member states, You may deploy the corresponding Software throughout the European Economic Area.
1.15. “Third Party Agent” means a third party delivering information technology services to You pursuant to a written contract with You.
1.16. “Virtual Machine” means a software container that can run its own operating system and execute applications like a physical machine.
1.17. “Binalyze” means Binalyze OÜ, a company organized and existing under the laws of Estonia.