1.1 “Affiliate” means, with respect to a party, any legal entity (such as a corporation, partnership, or other legal entity) that controls, is controlled by, or is under common control with such party. For purposes of this definition, “control” means the legal power to direct or cause direction of the general management of the corporation, partnership, or other legal entity. Affiliates are “Your Affiliates” and Affiliates of ThoughtSpot are “ThoughtSpot Affiliates.”
1.2 “Authorized Partner” means a third-party reseller authorized by ThoughtSpot to sell Software licenses and related Professional Services.
1.3. “Confidential Information” means: (a) the Software (which is ThoughtSpot’s Confidential Information); (b) any information of a party that is disclosed in writing or orally and designated confidential at the time of disclosure (and, for oral disclosures, summarized in writing within 30 days of initial disclosure and delivered in written summary form to the receiving party), or that, due to the nature of the information or circumstances of disclosure, the receiving party should reasonably understand to be the disclosing party’s confidential information; and (c) the terms of this Agreement, any Order Form, any SOW, and any amendment or attachment to any of these (which will be deemed Confidential Information of both parties).
1.4. “Documentation” means the then-current, published installation and operating instructions, user manuals, and help files made available by ThoughtSpot to you intended for use in connection with the Software.
1.5. “Effective Date” means the date of your first Order Form or the initial delivery date of the Software or Appliance (whichever is earlier).
1.6. “Intellectual Property Rights” or “IPR” means all intellectual property or other proprietary rights worldwide, including patent, trademark, service mark, copyright, trade secret, know-how, moral right, and any other intellectual and intangible property rights, including all continuations, continuations in part, applications, renewals, and extensions of any of the foregoing, whether registered or unregistered.
1.7. “Law” means all applicable laws, rules, statutes, decrees, decisions, orders, regulations, judgments, codes, and requirements of any government authority (federal, state, local, or international) having jurisdiction.
1.8. “License Term” means the period of authorized use of the Software as set forth in an Order Form.
1.9 “Order Form” means an ordering document signed by you and ThoughtSpot or an Authorized Partner that specifies: (a) Software licenses purchased, their prices, and their License Term; and (b) the scope and price of Professional Services purchased (if any).
1.10. “Professional Services” means consulting, implementation, configuration, integration, or training services provided by ThoughtSpot or its authorized service providers.
1.11. “Software” means any computer code provided by ThoughtSpot to you under this Agreement pursuant to an Order Form.
1.12. “SOW” means a statement of work that describes the scope of Professional Services signed by you and ThoughtSpot or an Authorized Partner.
1.13. “Support” means technical support and maintenance for the Software, as set forth in the Support Guide.
1.15. “Your Data” means all data of any kind or nature that is loaded on the Software by or on your behalf.