刚刚公司发了这个文件让我翻译,但这个题材一点也不熟悉,机器翻译的没有语法,哪位高手显神通 ,帮帮忙 !!!*** CONFIDENTIAL DRAFT -- FORM OPERATOR AGREEMENT (*** FOR YOU ONLY)
Last updated by *** Legal: April 2009
OPERATOR LICENSE AND SERVICES AGREEMENT
This License and Services Agreement (“Agreement”) is made as of _________, 2009 (the “Effective Date”), between Visto Corporation dba *** Technology, a Delaware corporation with offices at 101 Redwood Shores Parkway, Suite 400, Redwood Shores, CA 94065 USA (together with its wholly-owned subsidiaries, “***”) and [Customer Legal Name], a [LEGAL STATUS] corporation with offices located at __________________________________ (“Licensee”); hereinafter individually and collectively referred to as the “Party” or “Parties,” respectively.
1. Definitions.
1.1 “Acceptance” has the meaning set forth in Section 3 hereof.
1.2 "Billable User" means, as of any month, each End User who has registered an account for the *** For You Platform prior to or during such month, which has not been unregistered prior to such month.
1.3 “Confidential Information” means all business and technical information received from the other Party in whatever medium or manner disclosed by one Party to the other under this Agreement that is clearly marked as confidential or can be reasonably implied to be confidential from the circumstances of disclosure.
1.4 “Documentation” means the documentation provided by *** concerning installation, operation, and use of *** For You. Unless otherwise agreed by the Parties, all Documentation will be provided in electronic format and the English language.
1.5 "End User" means a single end user that is a subscriber of Licensee and has registered to access and use *** for You in accordance with the applicable End User License Agreement(s).
1.6 "End User Documentation" means user guides supplied by *** intended for End Users concerning use of *** for You by End Users, including the installation, configuration, and use thereof. End User Documentation does not include Documentation or other documentation or written material intended for use by Licensee Personnel.
1.7 "End User License Agreement" or “EULA” means the written terms and conditions established by *** which the End User must explicitly agree as a condition of use of *** for You.
1.8 “Fees” means the fees set forth in Exhibit B.
1.9 “Intellectual Property Rights” means all intellectual property rights throughout the world, including, without limitation, patents, patent applications, copyrights, trademarks, trademark registration applications, trade secrets, and know-how.
1.10 “Hosting Services” means the provision of the NOC Software at the NOC as described in Schedule 1 as a service application hosted by *** for Licensee in accordance with Exhibit D.