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These Service Terms of Use (“Agreement”) constitute a contract between Meritage Systems, Inc., with offices at 3755 Precision
<br />Drive, Suite 140, Loveland, CO 80538 (“Meritage”), and you (“Customer”). This Agreement includes and incorporates the Order
<br />Form with which Customer purchased the Services and any subsequent Order Forms (submitted in written or electronic form),
<br />our Privacy Policy and our Copyright Policy. By accessing or using the Services, you agree to be bound by this Agreement. If you
<br />are entering into this Agreement on behalf of a company, organization or other entity, you represent that you have such
<br />authority to bind such entity and are agreeing to this Agreement on behalf of such entity. If you do not have such authority to
<br />enter into this Agreement or do not agree with these terms and conditions, you may not use the Services. Meritage reserves
<br />the right to revise this Agreement from time to time, at our sole discretion. By accessing or using the Services after such
<br />revisions, you agree to be bound by the revised Agreement.
<br />1. Definitions. For purposes of this Agreement the following terms have the following meanings:
<br />a. “Account” means an account allowing access to the Services created in Customer’s name.
<br />b. “Fees” means the fees for the Services.
<br />c. “Confidential Information" means (a) all nonpublic information disclosed or made available under this Agreement that
<br />relates to the provision or receipt of the Services or either party's financial condition, operations or business, and which
<br />is clearly identified as confidential at the time of disclosure, (b) the Technology, (c) the Documentation, (d) the Customer
<br />Information that is not publicly available, and (e) the User IDs.
<br />d. “Customer Information” means all data, information or other content entered by or collected from Customer or any
<br />User that is entered into the Services by Customer or any User while accessing the Services. Customer Information
<br />includes any third‐party information collected by Customer or any User and entered into the Services.
<br />e. “Documentation” means the online help files and instruction manuals (whether in print or electronic form) that relate
<br />to the use of the Services that have been provided or made available by Meritage to Customer.
<br />f. “Go‐Live Date” means the date on which the Services, hosted on a Production Server, become active.
<br />g. “Intellectual Property Rights” means any and all intellectual property rights throughout the world, including, without
<br />limitation, any and all copyrights, trademarks, service marks, trade secrets, patents, patent applications, moral rights,
<br />contract rights and any and all other legal rights protecting intangible proprietary information.
<br />h. “Order Form” means the form executed by the parties that describes the Services and any setup fees associated with
<br />the Services.
<br />i. “On‐boarding” means the Set‐Up and the Training, as specified in the Order Form.
<br />j. “Production Server” means the server on which the Services will be hosted.
<br />k. “Start of Service Date” is the date of commencement of operation of the services by Customer or 120 days following
<br />the Effective Date, whichever is first.
<br />l. “Services” means the publicly‐available, online building department services provided by Meritage through its
<br />CommunityCore application, which can be accessed through the web site located at www.app.communitycore.com and
<br />such other sites as may be designated by Meritage (each, the “Site” or collectively, the “Sites”).
<br />m. “Set‐Up” means defining workflows and permit types, entering fee schedules and setting up Users. The purpose of Set‐
<br />Up is to configure the Production Server on which the Services for Customer will be hosted.
<br />n. “Set‐Up Fees” means the fees for Set‐Up specified in the Order Form.
<br />o. “Subscription Fees” means the annual subscription fee specified in the Order Form.
<br />p. “Technology” means the software, hardware and other technology used by or on behalf of Meritage to provide the
<br />Services, and all data, information and other content included on or accessible through the Services, except for any
<br />Customer Information.
<br />q. “Training” means the services intended to familiarize Users on the use of the Services, as described in Section 4, and to
<br />verify configuration of the Production Server.
<br />r. “User ID” means each unique User identification name and password used for access to and use of the Services through
<br />the Account.
<br />s. “User” means anyone accessing the Services through Customer’s Account.
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<br />2. Customer’s Access To And Use Of The Services.
<br />a. Customer’s Right to Access the Services. Subject to the terms of this Agreement Meritage grants to Customer a limited,
<br />non‐exclusive, non‐transferrable license to access and use the Sites and Services as specified in the Order Form during
<br />the term of this Agreement, solely for Customer’s own internal business purposes. Except as set forth in this Agreement,
<br />Customer is not receiving any right or license to use, or any ownership interest with respect to, the Sites, Services or
<br />any Technology or Intellectual Property related to the Sites or Services. Customer acknowledges that the Services are
<br />hosted by third‐party hosting providers contracted by Meritage. Meritage reserves the right to change hosting provider
<br />from time to time and without notice to Customer.
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