1.1 In the SaaS Agreement the following capitalized terms have the respective meanings set forth below; terms in the plural shall also include the singular and vice versa:
“Customer” means a Party accessing or using the Services.
“Customer Care” means the online support and helpdesk support services offered by REALWEAR (“Support Services”) as defined in Schedule 1, Service Level Agreement (“SLA”).
“Device”means the assisted reality devices sold or offered for sale by REALWEAR.
“DPA” means the Data Protection Agreement located at: https://www.realwear.com/legal/rwc-data-processing-addendum/.
“Device Control Licenses” means the number of Devices managed within RWC Pro or RWC Enterprise.
“Free Trial License” means an access right to the Service, free of charge, which is limited in scope for all RWC Basic Customers or an access right to the Service, free of charge, and further to the restriction for a License for all RWC Pro or RWC Enterprise Customers. RWC Pro or RWC Enterprise Free Trial Licenses may be limited in time as set forth in a Quote.
“License” means a right to access the Service as a RWC Basic, RWC Pro or RWC Enterprise Customer and any applicable Device Control Licenses.
“Party” means REALWEAR or the Customer individually, and collectively the “Parties”.
“Quote” means the offer from REALWEAR or a REALWEAR authorized reseller or distributor to the Customer for a particular number of RWC Pro or RWC Enterprise Licenses, related Device Control Licenses and the scope of the Service and Support Services which includes the Subscription Fee and Subscription Period.
“RWC Enterprise” means access to the Service, including Device management, basic and expanded data metrics, remote firmware management and remote Device control (RealWear Cloud Assistance powered by TeamViewer) in a web portal, purchased as part of the RWC Enterprise Subscription.
“RWC Pro” means access to the Service, including Device management, basic and expanded data metrics, remote firmware management and remote Device control (RealWear Cloud Assistance powered by TeamViewer) in a web portal, purchased as part of the RWC Pro Subscription.
“RWC Basic” means access to the Service, including Device management, basic Device metrics and remote app install in a web portal, available to all REALWEAR Device owners.
“SaaS Agreement” means these terms and conditions as part of the SaaS Agreement, Schedule 1 and the DPA.
“Service” means access to use the REALWEAR Cloud web portal for administering, monitoring and maintaining REALWEAR Devices, including any applicable apps, add-ons or plug-ins, as purchased by the Customer, which are offered as a software operated through an internet-based interface (Software as a Service).
“Subscription” means the method applied for the Customer’s purchase of RWC Pro or RWC Enterprise offerings under the SaaS Agreement for a Subscription Period against payment of a Subscription Fee; a Subscription may include several Device Control Licenses.
“Subscription Fee” means the Customer’s payment for using RWC Pro or RWC Enterprise and the applicable Device Control Licenses.
“Subscription Period” means the binding period for the Customer’s purchase of RWC Pro or RWC Enterprise and the applicable Device Control Licenses.
“Third-Party Solutions” means third party software which is not integrated into the Service including, but not limited to, software solutions promoted by REALWEAR for payment services, or third party platform services applied for usage of the Service.
“User” means a person accessing and using RWC Pro, RWC Enterprise or RWC Basic.
“User Guide” means REALWEAR’s applicable user guide to the Service as published by REALWEAR on its website.
“User License” means the License purchased by a RWC Pro or RWC Enterprise Customer.
1.2 The SaaS Agreement will be interpreted according to the plain meaning of its terms without any presumption that it should be construed in favor of or against either Party. All headlines for each section are intended solely for the Parties’ convenience, and none will affect the meaning of any provision. The words “herein”, “hereof” and words of similar meaning refer to the SaaS Agreement as a whole. All references to “days” refer to calendar days, unless otherwise expressly set forth in the SaaS Agreement. Any reference to any legislative provision shall be deemed to include any subsequent re-enactment or amending provisions.