1E9Ct5D

Software as a Service Agreement (Pro-customer)This Software as a Service (SaaS) Agreement (the "Agreement"), dated as of[DATE] (the "Effective Date"), is by and between [NAME OF CUSTOMER]("Customer"), a [STATE OF ORGANIZATION] [TYPE OF LEGAL ENTITY] withoffices located at [ADDRESS], and [NAME OF PROVIDER], a [STATE OFORGANIZATION] [TYPE OF LEGAL ENTITY] with offices located at [ADDRESS]("Provider").1. Definitions."Accept" has the meaning set forth in Section 4.2(b)."Acceptance" has the meaning set forth in Section 4.2(b)."Action" has the meaning set forth in Section 14.1."Actual Uptime" means the total minutes in the Service Period that the HostedServices are Available."Affiliate" of a Person means any other Person that directly or indirectly, through oneor more intermediaries, controls, is controlled by, or is under common control with, suchPerson. The term "control" (including the terms "controlled by" and "under commoncontrol with") means the direct or indirect [power to direct or cause the direction of themanagement and policies of a Person, whether through the ownership of votingsecurities, by contract or otherwise/ownership of more than [NUMBER IN WORDS]percent ([NUMBER]%) of the voting securities of a Person]."Agreement" has the meaning set forth in the preamble."Allegedly Infringing Features" has the meaning set forth in Section 14.3(b)(ii)."Authorized Users" means all Persons authorized by Customer [or any of itsAffiliates] to access and use the Services through Customer's account under thisAgreement[, each of which shall be identified by Customer's written notice to Provider asset forth in Schedule [A/[OTHER LETTER]] as the same may be amended by Customerfrom time to time]."Availability" has the meaning set forth in Section 5.1.