End User License Agreement (EULA) for Track inside (by Neopost) Online Services
This End User License Agreement for Online Services (the “EULA” or the “Agreement”) is made between NEOPOST SHIPPING, located at 127 avenue Joseph Pierre Boitelet 84300 Cavaillon, France, the owner, Licensor and developer of the Neopost software products (“NEOPOST” or “Licensor”) and You (the “User”, “Customer” or “Licensee”).
Even if You as a User have not signed the Customer Agreement, You agree to be bound by the terms of this Agreement, by accessing, installing, copying, downloading, or using the Service. If You are accepting these terms on behalf of another person or a company or other legal entity, You represent and warrant that You have full authority to bind that person, company, or legal entity to these terms, and that You will make this EULA available to Users You have procured access to the Service .
You also acknowledge that the Services are or may be subject to export control laws and regulations, and You represent that You are not a citizen of an embargoed country or prohibited end user under applicable export and anti-terrorism laws, regulations and lists.
If You do not agree to these terms,
(1) do not access, install, or use the Service; and
(2) promptly uninstall and delete Your access to the Service from Your systems.
1.1 Intellectual Property Rights
The Services, their structure, organization and code are valuable trade secrets of NEOPOST, and are protected by copyright law and international treaty provisions. Furthermore, some of the integrated Third Party Software components are protected by United States copyright law and international treaty provisions, and may be subject to additional terms and conditions.
All intellectual property rights to the Services and integrated Third Party Software (e.g. Adobe PDF Library,) including the rights pertaining to know-how and the relevant Documentation, remain in the ownership of the respective owner(s) who retain title and full ownership rights thereto.
Please note, that some Programs or Services also contain Open Source Software, and may be subject to additional license terms that are hereby fully incorporated in this Agreement by reference. You can access a complete list of these Open Source Software License Terms from the following website: https://shipping.neopost.com/fr/TrackInsideSoftwareComponents
Except as the license use rights expressly stated in this Agreement, this Agreement does not grant You any intellectual property rights in the Programs or Services or in any parts thereof.
The Services are owned or licensed by NEOPOST, and are copyright-protected. You acquire a user license and do not own them in any way.
NEOPOST grants You a non-exclusive and non-transferable License to use the Service, to the extent You lawfully acquire access to it according to a valid Customer Contract; provided that You have paid the agreed license or subscription Fee and adhere to the terms of this Agreement.
You may access and use the Service up to the level of use specified in Your Customer Contract, and for the sole purpose of supporting such agreed use. The terms of this EULA apply to each and every access to the Service.
In case of a Trial Version or Test Version of the Service, You may use the specified Service only, and restricted to the timeframe You were explicitly authorised to evaluate, use or test such Service.
You shall ensure that anyone who uses the Service (accessed either locally or remotely) does so only for Your authorized use and complies with the terms of this Agreement.
1.3 License Restrictions
You may not:
- use, copy, modify, or distribute the Service except as provided in this Agreement
- reverse assemble, reverse compile, or otherwise translate the Service;
- modify or create any derivative works of any Service or Documentation
- decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code for any software, Service or component; or
- redistribute, encumber, sell, rent, lease, sublicense the Service.
Neither NEOPOST, its Affiliates, resellers or distributors are obligated to provide, nor are You acquiring any right of any kind with respect to the source code for the Services or any part thereof. You acknowledge such ownership and intellectual property rights in the source code and Services and will not take any action to jeopardize, limit or interfere in any manner with NEOPOST’s ownership of or rights with respect to the Services.
Furthermore, You agree not to limit or interfere in any manner with the ownership and intellectual property rights related to integrated Third Party Software components, products or services.
All rights not expressly granted to Customer are reserved by NEOPOST and its licensors.
2. Licensing Options
NEOPOST Service Licenses follow one or a combination of the licensing schemes as communicated by your Neopost representative.
2.1 User Management
According to the subscription licensed, NEOPOST will provide You with the adequate access log-ins to the Track Inside (by Neopost) Online Services.
If You create a user account via one of the web-portals available at the following internet address (https://scce.niss.neopost-id.com, https://tise.niss.neopost-id.com, https://scce.oss.neopost-id.com , https://tise.oss.neopost-id.com ) You are responsible for the authorized users Yourself. Once You have created a company account, You may invite the authorized users for Your entity. Please make sure You explain to Your authorized users that all users invited to the portal have the same rights and may change or delete the information. If an accidental deletion happens on Your side, NEOPOST cannot guarantee a back-up. Named User License
Service as described in the EULA is provided to the End User. Unlimited users of the Licensee’s Company can use the Service according to the terms and conditions of this Agreement.
Licensee is subscribing on one or multiple yearly plans over a period of one to multiple years depending on commercial terms proposed by the Neopost representative. A yearly plan is defined by a limited number of objects that can be tracked on a yearly basis with the Track Inside (By Neopost) Online Services. If the End User is reaching the limit of the plan, the service is not stopped but all objects beyond the limit will be billed based on a transaction fee communicated by your Neopost representative. Also, if needed, the End User can decide to upgrade its yearly plan to better meet its operational needs, this has to be done with the Neopost representative.
3. Service Conditions, Payment and Compliance
3.1 Service Conditions
a) Host Provider
The Track Inside (by Neopost) Online Services are hosted on a Neopost private cloud platform.
b) Service Restrictions
While the web-portal is accessible for the European Union and United Kingdom, this does not mean that all Services or Service features are available in Your country, or that user-generated content available via the Services is legally permitted in Your country. Services are not available in all languages.
We may block access to certain Services (or certain service features or content) in certain countries, e.g. in embargoed countries. It is Your responsibility to make sure Your use of the Services is legally permitted where You use them.
NEOPOST reserves the right to momentarily interrupt the Service for testing, traffic performance enhancement or maintenance purposes. NEOPOST’s goal is to schedule planned maintenance of its technical platform during non-peak usage hours, but cannot guarantee that this is always the case.
NEOPOST warrants an average uptime of 99.6%, excluding intentional interruptions and maintenance. This uptime availability is measured on a yearly basis
In general, during maintenance periods, access and use of the Service may be temporarily suspended or degraded.
Complex maintenance operations will be carried out preferably on low level activity periods (night hours or weekends), and information on the planned date and the predicted duration of the operation will be emailed to the Client at least seven (7) days before commencement of the operation.
Vis-à-vis the Parties, the Data used, issued, processed, hosted, safeguarded or stored on behalf and at your request, are and shall remain Your sole property.
You undertake to comply with the legislation and regulations applicable to the processing of personal data in the country where they are collected, including, if applicable, Directive EC/95/46.
To this end, You shall be responsible for carrying out all mandatory reporting formalities.
You undertake to inform the relevant personal data owners and to obtain any required prior consent.
You shall be solely liable for any Data, information or content, and for the Content’s compliance with the regulations in force.
You acknowledge and warrant that the Content, whether in whole or in part, shall in no event: (a) infringe, misappropriate or violate any right, especially any intellectual property right, of any third party whatsoever; (b) contain any virus or program designed to cause damage, intercept or misappropriate any system, data or personal data in a fraudulent manner; (c) contain any unlawful, bullying, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature or any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable law or regulation ; (d) contain any content which may subject to any rules and regulations promulgated under the U.S. Export
of 1976 (as amended from time to time); (e) be false, misleading or inaccurate.
You undertake not to use the Site in a manner that may lead to any civil or criminal action whatsoever, and shall indemnify and hold Us harmless from any action on such grounds.
3.2 Payment Terms
Please refer to your proposal provided by your Neopost representative.
3.3 Export Rules
Licensee agrees that the Service or Products will not be accessed from, transferred, or exported into any country or used in any manner prohibited by the United States Export Administration Act or any applicable European export laws, restrictions or regulations (collectively the “Export Laws”). In addition, if the Service or software is identified as an export controlled item under the Export Laws, Licensee represents and warrants, not to be a citizen, or otherwise located within, an embargoed nation (please always check the actual US and European Export Administration Regulation Website) and not otherwise to be prohibited under the Export Laws from accessing the Service or receiving the Program. All rights to use the Program or Service are granted on condition that such rights are forfeited if Licensee fails to comply with the terms of this Agreement.
3.4 Appropriate Use
Customer shall not use any Service to knowingly violate applicable laws; (ii) send, use or store infringing, obscene, threatening, libellous, or otherwise unlawful or tortuous material, including material harmful to children or in violation of third party rights; (iii) send, use 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 Services or the data contained therein; (v) commit any act that is detrimental to the good name and standing of NEOPOST; or (vi) attempt to gain unauthorized access to a Service or its related systems or networks.
Customer shall indemnify and hold NEOPOST, its licensors and each such party's parent organizations, subsidiaries, affiliates, officers, directors and employees harmless from and against any and all third party claims, costs, damages, losses, liabilities and expenses (including attorneys' reasonable fees and costs) to the extent arising out of or in connection with a claim resulting from breach of the appropriate use described herein or a claim alleging that the Customer Data infringes a copyright, U.S or European Member patent, or a trademark of, or has caused harm to the rights of a third party provided in any such case that NEOPOST (a) promptly gives notice of the claim to Customer; (b) gives Customer sole control of the defence and settlement of the claim (provided that Customer may not settle such claim unless such settlement unconditionally releases NEOPOST of all liability and does not adversely affect NEOPOST’s business or Service).
if You become aware of any unauthorized use of Your Service account. You may not (a) share Your account information (except with an authorized account administrator) or (b) use another person’s account. Your account administrator may use Your account information to manage Your use and access to the Services.
4 Warranty, IP Indemnification and Liability
4.1 Limited Warranty
a) Provided that Licensee has paid the applicable license Fee, NEOPOST warrants during the subscription period, that (i) the Service will perform substantially in accordance with the relevant Documentation as provided by your Neopost representative, under normal use and circumstances (and that there will be no material diminishment of the Service as it exists on the Effective Date of the Order for such Services); and (ii) it will use industry best practices compliant technical means to ensure that the Services provided to Customer do not contain any disabling devices, viruses, trojan horses, trap doors, back doors, easter eggs, time bombs, cancelbots, or other computer programming routines designed to damage, detrimentally interfere with, surreptitiously intercept or expropriate any other software or data.
NEOPOST’s sole obligations under the warranty set forth in this Section 4.1 shall be for NEOPOST to correct or by-pass the non-conformity or, if NEOPOST is unable to correct or by-pass the non-conformity within ninety (90) days after Customer’s written notice, for Customer to terminate the applicable subscription and receive a refund of prepaid unused fees.
b) NEOPOST and its suppliers provide no remedies or warranties, whether express or implied for the Service. The Service is provided “as is” with express disclaimer of any warrantyc) No oral or written information or advice given by NEOPOST, its suppliers and resellers or employees outside of a written agreement shall create a warranty for NEOPOST or in any way increase the scope of any warranty provided herein.
c) NEOPOST reserves the right to make changes, modifications and enhancements to the Services from time to time. In the event the change or modification is to documented functionality, and is material to the function or operation of the Services (a “Material Change”), NEOPOST shall use reasonable commercial efforts to provide Customer with prior prompt written notice of any Material Change prior to implementation of such Material Change (unless such is required to rectify an urgent system issue) which shall be communicated directly to Customer by email or otherwise through NEOPOST normal communication channels such as via NEOPOST ’s release information portal. If You do not agree with any substantial changes made to the Service by NEOPOST, you may terminate the Service.
d) Except as set forth in this section 4 of this Agreement NEOPOST disclaims all other warranties and representations, whether expressed, implied or otherwise, including the warranties of merchantability or fitness for a particular purpose. Also, there is no warranty of non-infringement of third party intellectual property rights and title for the Third Party and Open Source components of the Services.
e) Where some jurisdictions do not allow the exclusion of certain implied warranties, the exclusion of NEOPOST warranty in this limited warranty section shall apply to the fullest extent permitted by applicable law.
f) NEOPOST's Services may be subject to limitations, delays, and other problems external to NEOPOST and inherent in the use of the internet and electronic communications. Notwithstanding the foregoing, NEOPOST shall use reasonable and industry best practices standard technical means to reduce and limit the impacts of such problems, but NEOPOST disclaims any and all responsibility for delays, delivery failures, or other damage resulting from such problems.
4.2 Sole and exclusive Remedy
Licensee’s exclusive remedy for any breach of this Limited Warranty is as set forth below. Except for any refund according to clause 4.1 a) or 4.3 elected by NEOPOST, Licensee shall not be entitled to any damages including but not limited to consequential damages if the Service does not meet this Limited Warranty, and to the maximum extent allowed by applicable law, even if any remedy fails in its essential purpose.
NEOPOST shall have no responsibility if failure of the Service has resulted from failure in the networking service, misconfiguration, accident, abuse, misapplication, abnormal use, a virus or if the failure arises out of use of the Service with other than a recommended hardware configuration. Any such misuse of the Service will void the aforesaid warranty.
Please note that this remedy is the sole and exclusive remedy available to Licensee for breach of express or implied warranties with respect to the Service and related Documentation.
4.3 Intellectual Property Indemnification
NEOPOST will defend, at its own expense, and hold Licensee harmless against any legal action brought against Licensee based on a claim that the Software infringes an Intellectual Property Right of a third party, and NEOPOST will pay any final judgment against Licensee in any such action attributable to any such claim or incurred by Licensee through settlement of such claim.
ANY AND ALL CLAIMS WITH RESPECT TO ANY OF THE OPEN SOURCE SOFTWARE AND/OR THIRD-PARTY SOFTWARE COMPONENTS EMBEDDED IN THE SERVICES SHALL BE SUBJECT TO THEIR RESPECTIVE LICENSE AGREEMENTS, AND NEOPOST DISCLAIMS ANY AND ALL LIABILITY WITH RESPECT TO ANY CLAIMS OF INFRINGEMENT WITH RESPECT TO THOSE COMPONENTS OR SOFTWARE.
Should the Service or any part thereof become, or in NEOPOST's opinion be likely to become, the subject of any such infringement claim, Licensee shall permit NEOPOST, at NEOPOST's option and expense, to (i) procure for Licensee the right to continue using the Service, or (ii) replace or modify the Service so that it becomes non-infringing and maintains the same functionality or (iii) terminate the right to use the Service, upon which termination Licensee agrees to promptly destroy all copies of the Service and certify the same to NEOPOST, whereupon NEOPOST will refund Licensee’s License Fees for the Service pro-rata up to 100% the total amount of the Licensee’s paid License Fees for the Services in the prior twelve (12) months.
However, all such defense and payments of final judgment are subject to the conditions that Licensee must: (i) notify NEOPOST promptly in writing of such claim, (ii) permit NEOPOST to have sole control of the defense, compromise or settlement of such claim, including any appeals, and (iii) reasonably cooperate with NEOPOST in the defense or settlement of such claim. NEOPOST will pay those costs, damages or reasonable attorney’s fees incurred by Licensee in connection with such action or claim but shall only pay Licensee’s legal fees which were incurred by Licensee after Licensee gave NEOPOST notice of the claim and before NEOPOST assumed control of the defence.
NEOPOST shall have no obligation or liability for any claim pursuant to this Section to the extent arising from: (i) the combinations, operation, or use of the Service supplied under this Agreement with any product, device, or software not supplied by NEOPOST to the extent the combination creates the infringement; (ii) the unauthorized alteration or modification by Customer of the Service, or (iii) NEOPOST’s compliance with Customer's designs, specifications, requests, or instructions pursuant to an engagement with NEOPOST relating to the Service to the extent the claim of infringement is based on the foregoing.
THE FOREGOING IS NEOPOST’S SOLE OBLIGATION AND CUSTOMER’S EXCLUSIVE REMEDY WITH RESPECT TO INTELLECTUAL PROPERTY INDEMNIFICATION.
4.4 Limitation of Liability
IN ANY CASE, THE PARTIES AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, NEOPOST’S ENTIRE LIABILITY AND INDEMNITY UNDER ANY PROVISION OF THIS AGREEMENT FOR ANY CLAIM OR LEGAL ACTION IRRESPECTIVE OF ITS NATURE, SHALL NOT EXCEED IN THE AGGREGATE THE SUM OF THE LICENSE FEES PAID TO LICENSOR FOR THE RESPECTIVE SERVICE OR PROGRAMS GIVING RISE TO SUCH CLAIMS OR DAMAGES IN THE LAST 12 (TWELVE MONTHS), NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY, WITH THE EXCEPTION OF DEATH OR PERSONAL INJURY CAUSED BY THE NEGLIGENCE OF NEOPOST AND TO THE EXTENT APPLICABLE LAW PROHIBITS THE LIMITATION OF DAMAGES IN SUCH CASES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL NEOPOST BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY ARISING OUT OF OR THE INABILITY TO USE THE SERVICE EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.
5 Data Protection and Security
NEOPOST does not own any Customer Data. Customer, not NEOPOST, shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use all Customer Data, and NEOPOST shall not be responsible or liable for the deletion, correction, destruction, damage, or loss of Customer Data not caused by NEOPOST. NEOPOST’s use of Customer Data shall be limited to the purpose of providing the Service to the Customer and for NEOPOST to meet its obligations hereunder. After termination of this Agreement, Customer shall ensure extraction or backup of all Customer Data. NEOPOST shall have no obligation to retain Customer Data, and shall fully delete Customer Data after 90 (ninety) days after termination of this Agreement.
Customer acknowledges that any Customer Data, including documents and personal data of Users of the Services may be stored on servers set up in Europe to prevent a platform failure. These servers are operated by Neopost.
We will not access, view, or listen to any of Your content, except as reasonably necessary to perform the Services. Actions reasonably necessary to perform the Services may include (but are not limited to) (a) responding to support requests and ensuring encryption or other appropriate technical measures; (b) detecting, preventing, or otherwise addressing fraud, security, unlawful, or technical issues; (c) when it is required by law (such as when we receive a valid subpoena or search warrant); (d) when we, in our discretion, think it is necessary to protect the rights, property, or personal safety of us, our users, or the public and (e) for enforcing these terms.
6 Mutual Confidentiality
Each party acknowledges and agrees that any and all proprietary information labelled as "confidential" or which a reasonable person would know constitutes proprietary information, including but not limited to, business plans, financial reports, customer lists and other customer information, descriptions of manufacturing processes, and product development and marketing plans emanating from the other party's business in any form shall be “Confidential Information”, and each party agrees that it will not, during or after the term of this Agreement, permit the duplication, use, or disclosure of any such Confidential Information to any person (other than an employee, agent or representative of the other party who must have such information for the performance of its obligations hereunder or in the execution of the duties of his or her employment), unless such duplication, use or disclosure is specifically authorized by the other party in writing. Licensee agrees that Licensor shall expressly be entitled to disclose Confidential Information provided by Licensee to NEOPOST, NEOPOST’s employees, agents or representatives as well as to its parent companies and NEOPOST Affiliates. Such aforesaid disclosure shall always be confined to the extent that it is reasonably required in order to fulfil Licensor’s obligations under this Agreement.
7 Term and Termination
This Agreement shall be effective for the term of the License grant and as set out in the Customer Contract.
NEOPOST reserves the right to suspend or terminate this Agreement and Customer’s access to the Service if Customer’s account becomes delinquent and this status is uncured for a period of 48 hours (forty-eight hours).
Upon termination of a subscription License, Licensee must immediately delete any component or access to the Service, and destroy all accompanying Documentation and all copies thereof (including copies stored in computer memory).
8.1 Nothing in this Agreement affects any statutory rights of consumers that cannot be waived or limited by contract.
8.2 In the event that any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions of this Agreement remain in full force and effect.
8.3 You agree to comply with all applicable export and import laws and regulations, including the US Export Regulations.
8.4 You agree to allow NEOPOST and its Affiliates to store and use Your contact information, including names, phone numbers, and e-mail addresses, anywhere they do business. Such information will be processed and used in connection with our business relationship, and may be provided to contractors and business partners of NEOPOST for uses consistent with their collective business activities, including communicating with You (for example, for processing orders, for promotions, and for market research).
8.5 You may not assign this Agreement to any third party except upon NEOPOST’s prior written consent, which shall not be withheld unreasonably. Any purported assignment in violation of this section shall be void.
9 Governing Law and Legal Venue
This Agreement is construed under the Laws of France, excluding provisions on conflict of laws and also expressly excluding the U.N. Convention of Contracts for the Sale of International Goods. If any provision hereof is found to be void or unenforceable, the remaining provisions of this Agreement shall remain in full force and effect. In the event there is a dispute arising out of or in relation with this Agreement, the legal venue shall be the Commercial Courts of Paris, France. Each party hereby waives opposition to jurisdiction in such court.
The following terms used in this Agreement shall have the following meaning:
- “Affiliate” means an entity owned by, owning to or under common ownership with NEOPOST, whereby ownership shall be defined as holding a financial interest of at least 51% of shares or capital.
- “Customer Contract” means either an individually agreed and duly signed commercial agreement between You and a NEOPOST Affiliate or authorized reseller or distributor that expressly includes this EULA by reference and contains some sort of License Schedule; or the click-agreement concluded for the Track inside (by Neopost) Online services
- "Customer Data" means any data, information or material, including personal data, that Customer or Customer’s Users, subscribers or partners may disclose or submit to NEOPOST or upload to the Service in the course of using the Service.
- ”Document” means any incoming and outgoing document (e.g. Letter, fax, invoice or sales order) submitted to NEOPOST via a secure Internet connection for processing, delivery to a recipient and/or electronic archiving.
- “Documentation” means any published documentation provided by NEOPOST in any form, related to the Service including any specification, user manuals, systems manuals, operating manuals, programming manuals, physical planning guides and set up or installation guides, if available.
- “End User” means a Licensee of a NEOPOST Software Product who acquires access to the Service or Program for use and not for distribution or resale;
- “EU Model Clauses” means the standard contractual clauses annexed to the EU Commission Decision 2010/87/EU dated February 5, 2010 for the Transfer of Personal Data to Processors established in Third Countries under the EU Directive 95/46/EC.
- “Fees” means the Fees and charges specified in the applicable License Schedule and/or Customer Contract, payable by Licensee to NEOPOST Affiliate or authorized reseller or distributor in respect of the License;
- “Track inside (by Neopost) Online Service(s)” means NEOPOST's online Services as described in the relevant product data sheet(s)
- “Intellectual Property Rights” means unpatented inventions, patent applications, patents, design rights, copyrights, trademarks, service marks, trade names, domain name rights, mask work rights, know-how and other trade secret rights, and all other intellectual property rights, derivatives thereof, and forms of protection of a similar nature anywhere in the world;
- “License” means the use rights for the Services granted to the Licensee under this Agreement;
- “Licensee” means Customer or User authorized to use the Service under a valid and paid License.
- “License Schedule” means the document in which the commercial details of the Service Licenses are agreed between the Parties. The License Schedule may be a Customer Contract in itself or an integrated part thereof.
- Neopost representative: means Neopost affiliate or Neopost authorised distributor.
- “Open Source License Terms” means the license terms applicable to Open Source Software components included in the NEOPOST software program and listed at: https://shipping.neopost.com/fr/TrackInsideSoftwareComponents
- “Open Source Software” means Third Party Software available without charge for use, modification or distribution as licensed under a separate open source software licence;
- “Program” means the QUADIENT Software Program(s) and therein integrated Third Party Software Program(s), in each case, supplied by NEOPOST or its suppliers or resellers herewith, and corresponding Documentation, associated media, printed materials, and online or electronic Documentation;
- “Third Party Software Programs” means in the NEOPOST Program integrated third party software components such as Adobe PDF Library technology, Open Source Software etc. and related Documentation or third party services used for the Track inside (by Neopost) Online Services, including any upgrades, modified versions, updates, additions, and copies thereof;
- “Trial Version” or “Test Version” means a version of the NEOPOST Program, so identified, to be used only to review and evaluate the Program for a specific time period as determined by NEOPOST;
- “User” means any person, program, process, product, or hardware which uses any functionality of the Program; it shall also mean Customer’s employees, representatives, consultants, contractors or agents who are authorized to use the Program under a valid License and have been supplied user identifications and passwords by Customer (or by NEOPOST at Customer’s request).