1.26 „Service level“ refers to any level of service for a product set in a schedule for such a product. I agree with you that the SaaS agreements, which are really service agreements, should not be delivered. However, there appears to be a trend in U.S. saaS agreements to grant a „license,“ even in a service scenario. There is only a very limited analysis on this point, except licensing can protect the service provider`s ability to launch the IP infringement claim in even unauthorized access or use. Have you discussed this in more detail with other practitioners in the region? You`ll appreciate any other analysis you might have. Thank you very much. 2.2. Evaluation of free products and products. If a product is made available by AVEVA on an evaluation basis or as a free trial, AVEVA grants the Customer a non-exclusive, global, non-transferable, non-transferable, revocable right during the current evaluation or free trial period, to use the product exclusively for evaluation to assess whether the Customer wishes to acquire a commercial right to access and use that product.
Despite the contrary provisions of this contract, AVEVA does not offer any maintenance and assistance, guarantees, service levels and applicable credits, compensation for these products. 2.4. Without prejudice to the universality of Section 2.2, the client will ensure that he has a legal basis for processing, including all necessary and appropriate consents and communications, in order to allow the lawful transfer of personal data to AVEVA for the duration and purposes of this agreement. If you license SaaS, you may be confused by other key differences from local software. For example, SaaS contracts do not require maintenance clauses inviting the vendor to repair a copy of the customer`s software. Instead, SaaS contracts require Service Level Agreements (SLAs) that recognize that the vendor hosts the software and invites it to operate the system. SaaS contracts also do not require update and upgrade clauses. Here too, the vendor hosts the software to provide all revisions as a matter of course. 2.8. The customer agrees that, as part of this agreement, AVEVA will appoint third parties to transform personal data. AVEVA confirms that it has entered into a written agreement with the third-party processor, with conditions substantially similar to those of this data processing supplement. Clues.
Unless otherwise stated in this Agreement, all legal instructions must be addressed to the Customer in writing at each address of the customer in the relevant order and all legal information addressed to BQE Software must be addressed in writing to the address listed below. These communications take effect (a) in the event of personal notification, b) on the declared delivery date, when they are sent by a recognized international courier or night courier, or (c) five (5) working days after sending by written or certified mail (or ten (10) days for the international post office), requested discount, all fees paid in advance. The termination of this contract or a subscription initiated by a customer should be forwarded to BQE Software`s after-sales contact. For clarity reasons, orders, invoices and other documents related to the processing and payment of orders are not legal indications and can be delivered electronically in accordance with standard ordering procedures for BQE software and customers. BQE Software can also announce it through a general communication on the BQE software website for BQE Software`s customer service. Many as-a-service software contracts (SaaS) grant a „license“ for the use of the vendor`s software. It`s a mistake. Licenses are available for on-premise software. SaaS is a service, as the name suggests, and it does not need a license.