“Affiliate” means any entity, including without limitation, any individual, corporation, company, partnership, limited liability company or group which on or after the Effective Date, directly, or indirectly through one or more intermediaries, controls, is controlled by or is under common control with Customer.

“Affiliate Partner” means a company which FastTrack has appointed as an approved partner to market and sell its SaaS Products.

“Agreement” means these terms including any schedules, orders of license and any amendments to this Agreement from time to time;

“Confidential Information” means:

• any information disclosed by or on behalf of a Party to the other Party during the Subscription Term (whether disclosed in writing, orally or otherwise) which at the time of disclosure:
        • was marked as “confidential”; or
        • should have been reasonably understood by the other Party to be confidential;
• the Customer Data;
• the FastTrack’s software code (including but not limited to object code, intermediate code, source code and Documentation)

“Customer Data” means all data, works and materials: uploaded to or stored on the SaaS Product by the Customer; transmitted by the SaaS Product at the request of the Customer; supplied by the Customer to FastTrack for uploading to, transmission by or storage on the SaaS Product; or generated by the SaaS Product as a result of the use of the SaaS Product by the Customer;

“Documentation” means the documentation for the SaaS Product produced by FastTrack and delivered or made available by FastTrack to the Customer, including user guides, installation documents and security fundamentals documentation;

“Effective Date” means the date on which the Customer either accepts the Agreement or the SaaS Product is made available to Customer (whatever happens first);

“FastTrack” means FastTrack Software Aps which is the developer of the SaaS Product.

“Force Majeure Event” means an event, or a series of related events, that is outside the reasonable control of the party affected (including failures of the internet or any public telecommunications network, hacker attacks, denial of service attacks, virus or other malicious software attacks or infections, power failures, industrial disputes affecting any third party, changes to the law, disasters, explosions, fires, pandemics, floods, riots, terrorist attacks and wars);

“Free Plan Services” has the definition as outlined in section 5 of this Agreement.

“Intellectual Property Rights” means all intellectual property rights wherever in the world, whether registrable or unregistrable, registered or unregistered, including any application or right of application for such rights (and these “intellectual property rights” include copyright and related rights, database rights, confidential information, trade secrets, know-how, business names, trade names, trade marks, service marks, passing off rights, unfair competition rights, patents, petty patents, utility models, semi-conductor topography rights and rights in designs);

“Maintenance Services” means the general maintenance of the SaaS Product including Updates and Upgrades;

“Order” means the purchase of licenses listed in an order or order confirmation;