Terms and Conditions

1. Service

Vultus agrees to provide the Vultus as a service.

2. Privacy & Security:

Customer acknowledges that the Customer Data provided by Customer to Vultus in connection with the service may contain personally identifiable information. Vultus agrees to handle of all personally identifiable information contained in the Customer Data in accordance with Vultus’s then-current privacy policy available at Vultus.com, which may be revised and updated from time to time. When Customer contacts other members who subscribe to the service and voluntarily provides personally identifiable information or otherwise or authorizes other members to access Customer’s personally identifiable information, Vultus cannot control how others may use the information that Customer provides. Vultus recommends that customer always uses caution when providing Customer’s personal information to others.

3. License Grant & Restrictions:

Vultus hereby grants its customers a non-exclusive, non-transferable, worldwide right to use the Service, solely for customer’s internal business purposes, subject to the terms and conditions of this Agreement. Vultus and its licensors reserve all rights not expressly granted to the customer. Users will access the Software by means of a Customer Account and Passwords provided by Vultus. Customer is solely responsible for the confidentiality and use of its Passwords and the Customer Account and all charges incurred from use of the Software accessed with the Passwords. In no event will Vultus be liable for any loss of Customer Data or other claims to the extent the same arose from unauthorized access to the Customer Account by obtaining a Password caused by a negligent or an intentional act or omission of Customer.

Customer will not, directly or indirectly, to do any of the following acts:

i. License, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Service or the Content in any way;

ii. Modify or make derivative works based upon the Service or the Content;

iii. Create Internet “links” to the Service or “frame” or “mirror” any Content on any other server or wireless or Internet-based device; or

iv. Reverse engineer or access the Service in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the Service, or (c) copy any ideas, features, functions or graphics of the Service. User licenses cannot be shared or used by more than one individual User but may be reassigned from time to time to new Users who are replacing former Users who hav e terminated employment or otherwise changed job status or function and no longer use the Service.

v. Access data on the System not intended for Customer, log into a server or account on the System that Customer is not authorized to access, attempt to probe, scan or test the vulnerability of any Systems or to breach the security or authentication measures without proper authorization; or willfully render any part of the Systems unusable.

vi. Customer may use the Service only for their internal business purposes and shall not:
(i) send spam or otherwise duplicative or unsolicited messages in violation of applicable laws; (ii) send or store infringing, obscene, threatening, libelous, or otherwise unlawful material, including material harmful to children; (iii) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (iv) interfere with or disrupt the integrity or performance of the Service or the data contained therein; or (v) attempt to gain unauthorized access to the Service or its related systems or networks.

4. Customer Responsibilities:

i. Customer may use the Services for their personal and business use or for internal business purpose in the organization that customer represent. Customer may connect to the Services using any Internet browser supported by the Services. Customer is responsible for obtaining access to the Internet and the equipment necessary to use the Services. Customer can create and edit content with their user account and if they choose to do so, they can publish and share such content.

ii. Customer agrees that it is solely responsible for the content of all communications it makes while using Customer’s Account.

iii. Customer agrees to use valid email ids. For all email ids imported into the application, the customer assures that they are opt-in users and not email ids that scrapped from the internet.

iv. Customer is responsible for all activity occurring under their User accounts and shall abide by all applicable local, national and foreign laws, treaties and regulations in connection with their use of the Service, including those related to data privacy, international communications and the transmission of technical or personal data.

v. Customer shall: (i) notify Vultus immediately of any unauthorized use of any password or account or any other known or suspected breach of security; (ii) report to Vultus immediately and use reasonable efforts to stop immediately any copying or distribution of Content that is known or suspected by customer or their Users; and (iii) not impersonate another Vultus user or provide false identity information to gain access to or use the Service.

5. Account Information and Data

Vultus does not own any data, information or material that customer submit to the Service in the course of using the Service (“Customer Data”). Customer retains all right, title and interest, including all Intellectual Property Rights, in and to all Customer Data. Customer, not Vultus, shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and right to use of all Customer Data and Vultus shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any Customer Data. Vultus reserves the right to withhold, remove and/or discard Customer Data without notice for any breach, including, without limitation, non-payment. Upon termination for cause, customer right to access or use Customer Data immediately ceases, and Vultus shall have no obligation to maintain or forward any Customer Data. Customer acknowledges to be the owner of all the data being uploaded to the system and is not using any stolen/scrubbed/contentious data.

6. Intellectual Property Ownership

Vultus alone (and its licensors, where applicable) shall own all right, title and interest, including all related Intellectual Property Rights, in and to the Vultus Technology, the Content and the Service and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by the customer or any other party relating to the Service. This Agreement is not a sale and does not convey to customer any rights of ownership in or related to the Service, the Vultus Technology or the Intellectual Property Rights owned by Vultus, The Vultus name, the Vultus logo, and the product names associated with the Service are trademarks of Vultus or third parties, and no right or license is granted to use them.

7. Confidentiality

Each party acknowledges that, in the course of the performance of this Agreement, it may obtain the Confidential Information of the other party. Vultus Confidential Information includes, without limitation, the Software, any documentation relating to the Software, the Systems, and any other information (if such other information is identified as confidential or should be recognized as confidential under the circumstances) provided to Customer by Vultus hereunder. The Receiving Party will, both during and after the term of this Agreement, keep in confidence all the Disclosing Party’s Confidential Information received by it. The Receiving Party will not use the Confidential Information of the Disclosing Party other than as necessary to perform its obligations or exercise its rights under this Agreement.

The Receiving Party will take all reasonable steps to prevent unauthorized disclosure or use of the Disclosing Party’s Confidential Information and to prevent it from falling into the public domain or into the possession of unauthorized persons. The Receiving Party will not disclose Confidential Information of the Disclosing Party to any person or entity other than its officers, employees and consultants who need access to such Confidential Information in order to affect the intent of this Agreement and who have entered into written confidentiality agreements with the Receiving Party under terms sufficient to enable the Disclosing Party to comply with its confidentiality obligations under this Agreement. The Receiving Party will immediately give notice to the Disclosing Party of any unauthorized use or disclosure of Disclosing Party’s Confidential Information.

The Receiving Party’s confidentiality obligations will not apply to Confidential Information that Receiving Party can show : (a) is already known to the Receiving Party at the time of disclosure by the Disclosing Party, which knowledge the Receiving Party will have the burden of proving; (b) is or, through no act or failure to act on the Receiving Party becomes, publicly known; (c) is received by the Receiving Party from a third party without restriction on disclosure; (d) is independently developed by the Receiving Party without reference to, or use of, the Confidential Information of the Disclosing Party, which independent development the Receiving Party will have the burden of proving; or (e) is approved for release by written authorization of the Disclosing Party. A disclosure of Confidential Information (a) in response to a valid order by a court or other governmental body, or (b) otherwise required by law, will not be considered to be a breach of this Agreement or a waiver of confidentiality for other purposes; provided, however, that the party disclosing such information will provide prompt written notice thereof to the other party to enable it to seek a protective order or otherwise prevent such disclosure.

8. Charges and Fee Payment: (Billing/Renewal)

Vultus charges and collects monthly for use of the Service. Vultus will automatically issue an invoice for each month. Fees for other services will be charged on an as-quoted basis. Vultus’s fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and customer shall be responsible for payment of all such taxes, levies, or duties. Customer agrees to provide Vultus with complete and accurate billing and contact information. This information includes their legal company name, street address, e-mail address. Customer agrees to update this information within 30 days of any change to such information. If the contact information Customer has provided is false or fraudulent, Vultus reserves the right to terminate the customer access to the service in addition to any other legal remedies.

Customer shall pay all fees or charges to their account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. Payments must be made in advance unless otherwise set forth in an Order Form. Monthly Fees will be pro-rated for any partial months. All payment obligations are non-cancellable, and all amounts paid are non-refundable. Customer is responsible for paying for all User Accounts they have agreed to sponsor, the Sponsored Accounts. Vultus reserves the right to modify its fees and charges and to introduce new charges at any time, upon at least 30 days prior notice to customer, which notice may be provided by e-mail. All pricing terms are confidential, and Customer shall agree not to disclose them to any third party.

Implementation advisory, support and training fees are subject to separate negotiation and are paid upon delivery. For each Renewal Term, service fee will be as per Vultus then-current rates.

i. Invoices are due and payable within thirty (30) days from the date of invoice. Any payment not received from Customer by the due date will accrue at the lower of three percent (3%) per month and the maximum rate permitted by law, from the date the payment is due until the date paid.

ii. If Fees are automatically charged to a Customer Account, Customer must provide Vultus with valid credit card or approved purchase order information as a condition to signing up for the service. Vultus charges and collects in advance for use of the service and Software. Vultus will automatically renew and bill Customer’s credit card or issue an invoice to Customer each month or as otherwise mutually agreed upon and set forth in the Order Form.

9. Termination:

a. Termination upon Expiration

i. This Agreement commences on the Signed Agreement date. The Initial Term shall be for 1 year or as otherwise mutually agreed upon in an Order Form, commencing on the date the customer agrees to pay for the Service by completing the registration form. Upon the expiration of the Initial Term, this Agreement will automatically renew for successive renewal terms of 1 Year at Vultus then current fees.

b. Termination on Mutual Agreement

i. Either party may terminate this Agreement, by notifying the other party in writing at least 30 days prior to the date of the requested termination.

c. Termination for cause:

i. Any breach of customer payment obligations or unauthorized use of the Vultus Technology or Service will be deemed a material breach of this Agreement. Vultus, in its sole discretion, may terminate customer password, account or use of the Service if they breach or otherwise fail to comply with this Agreement. Vultus has no obligation to retain the Customer Data, and may delete the Customer Data, if they fail to comply with any term of this Agreement, including, but not limited to, failure to pay outstanding fees and such breach has not been cured within 30 days of notice of such breach.

d. Non-Payment and Suspension

i. In addition to any other rights granted to Vultus herein, Vultus reserves the right to suspend or terminate this Agreement and customer access to the Service if their account becomes delinquent (falls into arrears). Delinquent invoices (accounts in arrears) are subject to interest of 3.0% on any outstanding balance, or the maximum permitted by law, whichever is less, plus all expenses of collection. If customer or Vultus initiates termination of this Agreement, customer will be obligated to pay the balance due on their account computed in accordance with the Charges and Payment of Fees section above.

Vultus reserves the right to impose a reconnection fee in the event customer is suspended and thereafter request access to the Service. Customer shall agree and acknowledge that Vultus has no obligation to retain Customer Data and that such Customer Data may be irretrievably deleted if their account is 30 days or more delinquent.

10. Access:

Vultus has the right to access the Customer Account from time to time for any valid reason, including for purposes of providing Support Customer Account administration, invoicing Fees and inspecting Customer’s utilization of the Software and confirming Customer’s compliance with the provisions of this Agreement.

11. Representations & Warranties:

Each party represents and warrants that it has the legal power and authority to enter into this Agreement. Vultus represents and warrants that it will provide the Service in a manner consistent with general industry standards reasonably applicable to the provision thereof and that the Service will perform substantially in accordance with the online Vultus help documentation under normal use and circumstances. Customer represents and warrants that they have not falsely identified themselves nor provided any false information to gain access to the Service and that their billing information is correct.

12. Disclaimer of Warranties:

VULTUS AND ITS LICENSORS MAKE NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICE OR ANY CONTENT. VULTUS AND ITS LICENSORS DO NOT REPRESENT OR WARRANT THAT

(A) THE USE OF THE SERVICE WILL BE TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE SERVICE WILL MEET CUSTOMER REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY CUSTOMER THROUGH THE SERVICE WILL MEET THEIR REQUIREMENTS OR EXPECTATIONS, OR (E) THE SERVICE OR THE SERVER(S) THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SERVICE AND ALL CONTENT IS PROVIDED TO CUSTOMER STRICTLY ON AN “AS IS” BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON- INFRINGEMENT OF THIRD- P A R T Y RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY VULTUS AND ITS LICENSORS.

13. Indemnification:

In the event any third-party brings a claim against Customer in relation to this Master Subscription Agreement or the Service, Vultus agrees to timely defend, indemnify, and hold Customer harmless from and against any and all losses, costs, damages, charges, claims, legal fees, recoveries, judgments, penalties, and/or reasonable expenses which may be obtained against, imposed upon, or suffered by Customer by reason of any breach of any representation, warranty, or agreements made by Vultus or any action related to this Master Subscription Agreement or the Service. The indemnification obligation of  Vultus is limited to Limitation of Liability in section 15.

Customer Indemnification:

Customer shall indemnify and hold Vultus, its licensors and each such party’s parent organizations, subsidiaries, affiliates, officers, directors, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with:

(i) A claim alleging that negligent use of the Customer Data infringes the rights of, or has caused harm to, a third party, and such claim is adjudicated true by a court of competent jurisdiction;

(ii) A claim, which if adjudicated true by a court of competent jurisdiction, would determine an intentional and knowing violation by Customer of their representations and warranties; or

(iii) A claim arising from the breach by Customer or their Users of this Agreement provided in any such case that Vultus

i. gives written notice of the claim promptly to customer;

ii. gives customer sole control of the defense and settlement of the claim (provided that customer may not settle or defend any claim unless customer unconditionally release Vultus of all liability and such settlement does not affect Vultus’s business or Service);

iii. provides to customer all available information and assistance; and

iv. Has not compromised or settled such claim.

Vultus Indemnification:

Vultus shall indemnify and hold customer and their parent organizations, subsidiaries, affiliates, officers, directors, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) by stepping into the shoes of Customer, as defendant, when such claim, cost, damage, loss, liability, or expense arises out of or in connection with:

(i) A claim alleging that negligent use of the Services infringes the rights of, or has caused harm to, a third party, and such claim is adjudicated true by a court of competent jurisdiction

(ii)A claim, which if adjudicated true by a court of competent jurisdiction, would constitute determine an intentional and knowing violation by Vultus of their representations and warranties;

(iii)A claim, which constitutes a violation by Vultus of its representations or warranties; or

(iv) A claim arising from breach of this Agreement by Vultus; provided that Customer

a. give written notice of the claim to Vultus;
b. give Vultus sole control of the defense and settlement of the claim (provided that Vultus may not settle or defend any claim unless it unconditionally releases Customer of all liability);
c. provide to Vultus all available information and assistance; and
d. Has not compromised or settled such claim

14. Internet Delays:

VULTUS SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. VULTUS IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.

15. Limitation of Liability:

IN NO EVENT SHALL EITHER PARTY’S AGGREGATE LIABILITY EXCEED THE AMOUNTS ACTUALLY PAID BY AND/OR DUE FROM CUSTOMER IN THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM. IN NO EVENT SHALL EITHER PARTY AND/OR ITS LICENSORS BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THIS SERVICE, INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE SERVICE, OR FOR ANY CONTENT OBTAINED FROM OR THROUGH THE SERVICE, ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION, REGARDLESS OF CAUSE IN THE CONTENT, EVEN IF THE PARTY FROM WHICH DAMAGES ARE BEING SOUGHT OR SUCH PARTY’S LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

16. General Provisions.

a. Proper Law and Jurisdiction

This Agreement is governed by and construed under the laws of the United States of America and the State of New Jersey as applied to agreements entered into. This Agreement will be deemed to have been made and entered into in South Plainfield, New Jersey. The parties hereby submit to the exclusive jurisdiction of, and waive any venue objections against, the United States District Court for New Jersey, in any litigation arising out of or in connection with the Agreement. Notwithstanding the foregoing, Vultus will have the right to seek a temporary or permanent injunction or other equitable remedy or relief in any court having subject matter jurisdiction anywhere in the world.

b. Notice

Vultus may give notice by means of a general notice on the Service, via electronic mail to customer’s e-mail address on record in Vultus’s account information. Such notice shall be deemed to have been given upon the expiration of 72 hours after email has been sent. Customer may give notice to Vultus at any time by email message from their registered user account or official email address to support@vultus.com and it shall be deemed given upon the expiration of 72 hours after email has been sent.

c. Modification to Terms

Vultus reserves the right to modify the terms and conditions of this Agreement or its policies relating to the Service at any time, effective upon posting of an updated version of this Agreement on the Service. Customer is responsible for regularly reviewing this Agreement. Continued use of the Service after any such changes shall constitute their consent to such changes.

d. Relationship of Parties.

The parties to this Agreement are independent contractors. There is no relationship of agency, partnership, joint venture, employment or franchise between the parties. Neither party has the authority to bind the other or to incur any obligation on its behalf. Neither party will have, and will not represent that it has, any power, right or authority to bind the other party, or to assume or create any obligation or responsibility, express or implied, on behalf of the other party or in the other party’s name.

e. Assignment; Change in Control

This Agreement may not be assigned by the customer without the prior written approval of Vultus but may be assigned without their consent by Vultus to (i) a parent or subsidiary, (ii) an acquirer of assets, or (iii) a successor by merger. Any purported assignment in violation of this section shall be void. Any actual or proposed change in control of customer that results or would result in a direct competitor of Vultus directly or indirectly owning or controlling 50% or more of customer shall entitle Vultus to terminate this Agreement for cause immediately upon written notice.

f. Waiver and Amendment.

No term or provision hereof will be considered waived by either party, and no breach excused by either party, unless such waiver or consent is in writing signed on behalf of the party against whom the waiver is asserted. No consent by either party to, or waiver of, a breach by either party, whether express or implied, will constitute consent to, waiver of, or excuse of any other, different, or subsequent breach by either party. This Agreement may be amended or supplemented only by a writing that refers explicitly to this Agreement and that is signed by both parties.

g. Force Majeure.

Vultus will not be liable for any failure or delay in performance under this Agreement which might be due in whole or in part, directly or indirectly, to any contingency, delay, failure, or cause of, any nature beyond the reasonable control of Vultus. Such causes include, without in any way limiting the generality of the foregoing, fire, explosion, earthquake, storm, flood or other weather, unavailability of necessary utilities or raw materials, power outage, strike, lockout, unavailability of components, activities of a combination of workmen or other labor difficulties, war, act of terrorism, insurrection, riot, act of God or the public enemy, law, act, order, export control regulation, proclamation decree, regulation, ordinance, or instructions of government or other public authorities, or judgment or decree of a court of competent jurisdiction (not arising out of breach by such party of this Agreement).

h. Non-Exclusive Relationship.

This Agreement is non-exclusive. Each party is free to enter into other similar agreements or arrangements with other third parties.

i. Entire Agreement.

This Agreement, and the documents referenced therein, constitutes the entire agreement between the parties and supersedes all previous and contemporaneous agreements, understandings and arrangements with respect to the subject matter hereof, whether oral or written.

j. Marketing.

Customer agrees that Vultus may use Customer’s name and logo to identify customer as a customer of Vultus on Vultus’s website, and as a part of a general list of Vultus customers included in Vultus corporate, promotional and marketing literature.

k. Severability.

If any provision of this Agreement is held to be unenforceable or illegal by a court of competent jurisdiction, such provision will be modified to the extent necessary to render it enforceable, and all other provisions of this Agreement will remain in full force and effect.

17. Definitions:

As used in this Agreement and in any Order Form now or hereafter associated herewith:

“Agreement” means these online terms and conditions, any Order Forms, whether written or submitted online, and any materials available on the vultus.com website specifically incorporated by reference herein, as such materials, including the terms of this Agreement, may be updated from time to time in Vultus’s sole discretion.

“Claim” means all losses, liabilities, damages, claims, suits, actions and proceedings, and all related costs and expenses incurred by a party hereto as the direct result thereof, including, without limitation, reasonable attorneys’ fees and costs of investigation, litigation, settlement, judgment, interest and penalties.

“Confidential Information” means non-public information of either party that is disclosed by one party (“Disclosing Party”) to the other party (“Receiving Party”) pursuant to this Agreement that the Receiving Party knows or reasonably should know is confidential to the Disclosing Party. The Disclosing Party will use reasonable efforts to either indicate that such information is confidential at the time of disclosure or mark such information “Confidential,” “Proprietary” or with a similar designation. Confidential Information also includes all summaries or abstracts of Confidential Information. The terms of this Agreement shall be
the Confidential Information of both parties.

“Customer” means the specific entity identified as “Customer” on the Order Form. Customer may be identified as “You” or “Your” in this Agreement.

“Customer Account” means the specific customer account used to access the Software designated by Vultus to Customer.

“Customer Data” means any data, information and other materials generated by the Users’ use of Software and that is stored by Vultus under this Agreement as part of the service.

“Service” means the application service provider service to be provided by Vultus to Customer pursuant to this Agreement for the Software, as further described herein;

“Intellectual Property Rights” mean copyright rights, trademark rights, patent rights, trade secrets, moral rights, right of publicity, authors’ rights, contract and licensing rights, good will and all other intellectual property rights as may exist now and/or hereafter come into existence and all renew also and extensions thereof, regardless of whether such rights arise under the law of the United States or any other state, country or jurisdiction.

“Order Form” means the form evidencing the initial subscription for the service and/or Software and any subsequent order forms submitted online or in written form, which each such Order Form is hereby incorporated by reference and made part of this Agreement (in the event of any conflict between the terms of this Agreement and the terms of any Order Form, the terms of this Agreement shall prevail).

“Password” means the specific password issued by Vultus to Customer, or that Vultus has authorized Customer to issue to each User, used to access the Software using a Customer Account.

“Software” means the Vultus proprietary Software, in object code form only, identified or described on the Order Form.

“Support” means the Vultus’s standard maintenance and technical support services for the Software and System, as modified from time to time in Vultus’s sole discretion.

“System” means the computer hardware and Software (including, without limitation, the Software and other Software services, Software interfaces, operating system and databases), data storage and all other resources (including, without limitation, telecommunications equipment) used by Vultus to make Software and Customer Data available to, and usable by, Customer via the Internet.

“Users” means Customer’s employees, contractors and agents authorized to use the Software.

“Vultus” means Vultus Inc;