These cloud services terms (this “agreement”) are a mandatory agreement between you (“customer”) and AVEVA, LLC (“AVEVA”) software (all “parties” and each a “party”). 2.7. AVEVA must be compensated by AVEVA for the personal data of the customer processed as part of AVEVA`s performance of its obligations under this Agreement. AVEVA, engages the customer in the face of claims against the customer by third parties that the customer`s use of the products, according to the terms of the agreement, constitutes a violation or misuse of a third party`s patent, copyright or trade secret. AVEVA pays damages that have been awarded to the third party (or the amount of a transaction received by AVEVA) for such claims. This AVEVA obligation does not apply if the alleged violation or diversion follows: (a) the use of products in connection with other software, services or products, data, objects or equipment that aveva did not provide (including third-party products); (b) everything the customer makes available or designs, including configurations, instructions or specifications (including all products provided in accordance with the customer`s designs, designs or specifications); (c) a modification of a product that is not available with aveVA`s prior written consent; (d) the customer`s inability to use the latest version or version of a product (including possible corrections or improvements) where such use would have prevented the request for injury or malfeasation; or (e) any use, storage, distribution, reproduction or maintenance that is not authorized by the agreement. If, in its reasonable submissions, AVEVA believes that a claim can or will be invoked under this section 9.1, AVEVA may suspend the supply or delivery of these products without violating the agreement. Notwithstanding the provisions of Section 14.17 (Full Agreement; Amendments; Executing) of the CGVs, the Client agrees and acknowledges that AVEVA may modify or partially modify all or part of the terms of the agreement by publishing these changes or amendments (or the amended or amended agreement) to sw.aveva.com/legal/cloud-services, and these changes or changes take effect when they are published. If changes or changes to the agreement have a significant negative effect on the customer`s use of the product, the customer may terminate the transaction document with respect to the product concerned by sending a notification of termination to AVEVA on the tenth day or before the publication date of these changes or changes (or the amended or amended agreement). If the customer cancels the transaction document regarding the product concerned, AVEVA will provide the customer with a refund of all subscription fees paid in advance, but not used, paid to AN AVEVA for that product as part of the corresponding transaction document for the corresponding remaining portion of TD`s duration. 14.17.
Full agreement; Changes execution. The agreement constitutes the whole agreement between the parties with respect to its purpose and replaces any statements, agreements or agreements before or concomitant, written or orally, relating to their purpose.
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