Scope and Applicability
1.1 This End User License Agreement (“EULA”) between You and Kachoolie covers Your use of the Hardware and Software Services (“Kachoolie Technology”). This document also incorporates any Product Specific Terms that may apply to specific Kachoolie Technology and its patents. Definitions of capitalized terms are in Section 11 (Definitions).
1.2 You agree to be bound by this EULA through:
(a) Your use of the Kachoolie Technology; or
(b) Your express agreement to this EULA.
2. Using Kachoolie Technology
2.1 License and Right to Use. Kachoolie grants You a non-exclusive, non-transferable:
(a) right to use the Software and Cloud Service
(b) license to use the Hardware; and
for Your direct benefit during the Usage Term and as set out in
Your Entitlement and this EULA (collectively, the “Usage Rights”).
2.2 Kachoolie Service
The Kachoolie Service provides a communications service between a tank gauge and a Kachoolie Server and or customer software or systems. The customer can access gauge data via the Kachoolie Cloud Interface hereafter called “Kachoolie Cloud” and or customer software or systems.
Customer software or systems must either support existing Kachoolie interfaces or the industry standard Veeder Root Serial communications protocol(“VEEDER – ROOT SERIAL INTERFACE MANUAL for TLS-300 and TLS-350 UST Monitoring Systems and TLS-350R Environmental & Inventory Management System” hereafter referred to as the “Serial Communications protocol”.)
The Kachoolie Service supports tank gauges compatible with the “Serial Communications protocol” that have either a RS-232 serial port, an Ethernet port or in the case of the TLS-350 and TLS-300 gauges an available slot. (Slots 1,2 or 3 in the TLS-350) In order to support older tank gauges the Kachoolie Service also supports tank gauges compatible with the older communications protocol referred to as the TLS-250 communications protocol, hereafter also referred to as the “Serial Communications protocol”.
Note: Some features on Kachoolie Cloud may not be available if the TLS-250 communications protocol is used.
2.3.1 Kachoolie Service Requirements- Kachoolie Core
To provide successful communication, the Kachoolie Service requires both a working Internet connection and a working gauge which supports either of the Veeder Root “Serial Communications Protocols”. The gauge must have either an available serial port or TCP/IP port or an available slot (1,2,or 3 in the TLS-350) in the TLS-350 or slot 1 in the TLS-300 that supports the “Serial Communications Protocols”.
Kachoolie can communicate with tank gauges that have a TCP/IP port under the following conditions:
- You have connected the tank gauge to the Local Area Network having the same subnet as the Kachoolie.
- You have assigned a local IP address and port number to the tank gauge and have provided it to Kachoolie.
- You agree to provide Kachoolie with the new tank gauge IP address and port number if the IP or subnet changes.
A working Internet Connection is defined as:
If a computer, configured for DHCP (the router provides the local IP address, which is the standard networking configuration for connecting to the Internet), can browse the Internet when connected to the standard Ethernet cable intended for use by the Kachoolie Device, then the Kachoolie Service requirements for a working Internet connection at the site have been met. Outgoing ports 110 and 22, 443 must also be left open. Open outgoing ports do not affect Internet security.
2.3 2. Kachoolie Service Requirements - Kachoolie for TCP
If you use Kachoolie for TCP then You are responsible for providing a working TCP/IP connection for the tank gauge.
A working TCP/IP connection is defined as:
Using industry standard Telnet or similar communications programs, a remote connection can be made to the tank gauge from a remote location using the TCP/IP address and port number provided by the customer. In addition if the Veeder Root protocol commands “I20100” or “200” are sent to the gauge over the connection a valid response will be received.
The customer is responsible for providing Kachoolie with the Public TCP/IP address and port number for the tank gauge. A valid domain name may be provided in lieu of the TCP/IP address. If the tank gauge has password protection, a firewall or VPN, then the customer is responsible for providing the password and any access information required for connecting with the tank gauge.
The customer acknowledges that communicating with tank gauges via TCP/IP is only as secure as the method of protection used and provided by the customer and that Kachoolie has no liability implied or otherwise should the tank gauge be accessed, modified, shutdown or affected in any way via the TCP/IP connection.
2.4 Kachoolie Device
The Kachoolie Device is an intelligent computer and communications device which is loaned to the customer for the duration of this service contract. The customer agrees to provide Kachoolie with the type and model of the gauge at each site so that the appropriate Kachoolie Device can be supplied.
The Kachoolie Device is owned by Kachoolie, It includes intellectual property protected by patent, copyright and trademark laws. Reverse engineering, copying, or otherwise interfering with the Kachoolie Device is prohibited.
On termination of the Kachoolie Service, the customer agrees to return the Kachoolie Device to Kachoolie within 21 days of terminating the service or pay a non return fee of $400 per Kachoolie Device. Payment of the fee does not constitute purchasing the Kachoolie Device, Kachoolie Devices remain the property of Kachoolie and may not be used for any purpose other than the Kachoolie Service. The customer is responsible for the fee if the Kachoolie is lost, stolen, or damaged by water, lightning fire or negligence.
Kachoolie Device Warranty: Should the Kachoolie Service Requirements described above be properly met,
and there is no communication between the gauge and the Kachoolie Device or between the Kachoolie Device and the Kachoolie servers, and you have reported the problem to us, we will, within 2 business days, ship a replacement Kachoolie Device to you and you undertake to remove the installed Kachoolie Device, return it to us and install the replacement Kachoolie Device in its place.
Kachoolie Device installation at the customer site is your responsibility. Installation is simple and is designed to be “Plug and Play”. Installation support via videos, installation documents, email, Whatsapp and telephone support is included in the initial fee. Installation in most cases requires removing power to the gauge to install the Kachoolie Device within the gauge. The customer acknowledges that depending on the gauge, removing power to the gauge may interrupt fuel dispensing operations especially if the gauge has interlocks related to PLLD (Pressure Line Leak Detection) features which may be installed in the gauge. The customer acknowledges that the action of removing power and restoring power to the gauge may cause the gauge to malfunction and or lose its settings. This may happen if the gauge is defective or the backup battery has failed.
We strongly advise installers to print out the gauge configuration prior to powering down the gauge. This information is valuable if a gauge cold start is ever required.
We strongly advise the installer to check the gauge display for system or setup errors before powering down the gauge. If there are errors the gauge should be serviced prior to beginning installation. Per 2.3 Kachoolie Service Requirements, the gauge must be operating properly and without errors.
We strongly advise the installer to power down then power down the gauge prior to beginning installation so as to ensure that the gauge is operating correctly.
Kachoolie is not responsible for any interruptions of operations or damage to the gauge caused by installation of the Kachoolie Device. The customer must adhere to local Electrical and Fire Codes and permitting requirements that may apply to the site.
The Kachoolie Device, if installed in a Veeder-Root TLS 300 or TLS 350 uses the same methods and equivalent components as used by Veeder Root cards to connect to the gauge. The Kachoolie Device, if connected to the gauge via a serial cable, uses the industry standard RS-232 communications. Both types of Kachoolie Devices are designed to the same standards or better than those used in designing and manufacturing the gauge.
Dispenser Pumps may be disabled when removing power from TLS-350. Some TLS-350 tank gauges may have been configured so that the dispenser pumps are disabled when the tank gauge has no power. This is called PLLD or pressure line leak detection. In order to prevent a possible disruption to fuel operations when the tank gauge is powered down, you should establish whether PLLD is enabled by checking the gauge setup. If PLLD is enabled, or if you are not sure whether it is enabled, you should power down the TLS-350 when fuel is not being pumped and minimize the time that the gauge is off.
Kachoolie assumes no responsibility for fueling disruptions due to gauge problems or PLLD disabling the dispensing.
2.5 Beta and Trial Use
If Kachooie grants You Usage Rights to Kachoolie Technology on a trial, evaluation, beta or other free-of-charge basis (“Evaluation Software and Services”):
(a) You may only use the Services on a temporary basis for the period limited as specified by Kachoolie in writing.
(b) If You fail to stop using and/or return the Hardware and Software Services on
which it is authorized for use by the end of the trial period, You may be invoiced for its list price, an annual subscription, and
agree to pay such invoices;
(c) Kachoolie, in its discretion, may stop providing the Software and Services at any time, at which
point You will no longer have access to any related data, information, and files and must
immediately cease using the Kachoolie Technology; and
(d) The Software and Services may not have been subject to Kachoolie's usual testing and quality
assurance processes and may contain bugs, errors, or other issues. Kachoolie provides
Software and Services “AS-IS” without support or any express or implied warranty or indemnity for
any problems or issues, and Kachoolie has no liability relating to Your use of the Software and
Services.
2.6 This offer (the "New 30-Days Free Trial Offer"), which is made to you by Kachoolie (as defined in the Kachoolie End User License Agreement (“EULA”), entitles you access to the Kachoolie Service (as defined in the Kachoolie EULA) in relation to ONE Kachoolie Unit for a period of thirty (30) days from the moment that you receive Kachoolie Unit.
(1) By agreeing to a trial, you accept the New 30-Days Free Trial Offer and (i) acknowledge and agree to the Kachoolie User License Agreement and these New 30-Days Free Trial Offer Terms and Conditions. If you decide that you do not want to continue using the Kachoolie Unit and Service upon the lapse of the Free Trial Period, you must inform Kachoolie via email to terminate your Kachoolie Service by the end of the Free Trial Period. You may only use this Free Trial Offer once. Kachoolie reserves the right, in its absolute discretion, to withdraw or to modify this Free Trial Offer and/or the New 30-Days Free Trial Terms and Conditions at any time without prior notice and with no liability. and (2) You agree to install the Kachoolie and evaluate whether it meets your requirements.
(2) Cancellation and Returns. Trial Users may cancel their Kachoolie Trial and return the Kachoolie Unit at any time during the Free Trial Period. Trial Users who cancel their Kachoolie Trial during the Trial Period must return their Kachoolie Unit at their expense within 21 days of cancellation (the “Return Period”). Trial Users who return their Kachoolie Unit during the Return Period will not be subject to any further fees or financial commitment to Kachoolie. For Free Trials, we will notify you 14 days prior to, 7 days prior to, and day of the end of your Free Trial.
(3) If you decide to keep the Kachoolie hardware and continue the Kachoolie service, or you do not cancel the trial and return the hardware per 2.3 (2) above, the trial will convert to a Kachoolie order. You agree to pay the one time fee and the first year annual subscription at the price applicable at the time of requesting the trial. The subscription will start at the earliest of the date of the Kachoolie installation or 14 days from shipping.
2.7 Interoperability of Software
If required by law and upon Your request, Kachoolie will provide You with the information needed to achieve interoperability between the Software and another independently created program, provided You agree to any additional terms reasonably required by Kachoolie. You will treat such information as Confidential Information.
2.8 Subscription Renewal
Usage Rights in Kachoolie Technology acquired on a subscription basis will automatically renew for the renewal period indicated on the order You or Your Kachoolie Partner placed with Kachoolie (“Renewal Term”) unless:
(a) You notify Your Approved Source in writing at least 45 days before the end of Your then-current
Usage Term of Your intention not to renew; or
(b) You or Your Kachoolie Partner elect not to auto-renew at the time of the initial order placed with Kachoolie.
Your Approved Source will notify You reasonably in advance of any Renewal Term if there are fee changes.
The fees at the time of the renewal will apply for the upcoming Renewal Term unless You or Your Kachoolie Partner promptly notify Kachoolie in writing, before the renewal date, that You do not accept the fee changes. In that case, Your subscription will terminate at the end of the current Usage Term.
3. Additional Conditions of Use
3.1 Kachoolie Technology Generally. Unless expressly agreed by Kachoolie, You may not:
(a) transfer, sell, sublicense, monetize or make the functionality of any Kachoolie Technology available to any third party;
(b) remove, modify, or conceal any product identification, copyright, proprietary, intellectual property
notices or other marks;
(c) reverse engineer, decompile, decrypt, disassemble, modify, or make derivative works of the Kachoolie Technology; or
(d) use Kachoolie Content other than as part of Your permitted use of the Kachoolie Technology.
3.2 Cloud Services
You will not intentionally:
(a) interfere with other customers’ access to, or use of, the Cloud Service, or with its security;
(b) facilitate the attack or disruption of the Cloud Service, including a denial-of-service attack,
unauthorized access, penetration testing, crawling or distribution of malware (including viruses,
trojan horses, worms, time bombs, spyware, adware and cancelbots);
(c) cause an unusual spike or increase in Your use of the Cloud Service that negatively affects operation of the Cloud Service.
3.3 Evolving Kachoolie Technology
(a) Changes to Services. Kachoolie may:
(1) enhance or refine a Service, although in doing so, Kachoolie will not materially reduce the
core functionality of that Service, except as contemplated in Section 3.3(b) (End of
Life); and
(2) perform scheduled maintenance of the infrastructure and software used to provide a
Service, during which You may experience some disruption to that Service. Whenever
reasonably practicable, Kachoolie will provide You with advance notice of such maintenance. You
acknowledge that occasionally, Kachoolie may need to perform emergency maintenance without
providing You advance notice, during which Kachoolie may temporarily suspend Your access to,
and use of the Service.
(b) End of Life
(1) Kachoolie may end the life of Kachoolie Technology, including component functionality (“EOL”), by providing written notice on Kachoolie.com. If You or Your Kachoolie Partner prepaid a fee for Your use of Kachoolie Technology that becomes EOL before the expiration of Your then-current Usage Term, Kachoolie will use commercially reasonable efforts to transition You to a substantially similar Kachoolie Technology. If Kachoolie does not have substantially similar Kachoolie Technology, then Kachoolie will credit You or Kachoolie Partner any unused portion of the prepaid fee for the Kachoolie Technology declared EOL (“EOL Credit”).
(2) The EOL Credit will be calculated from the last date the applicable Kachoolie Technology is
available to the last date of the applicable Usage Term. Such credit can be applied towards
the future purchase of Kachoolie products or refunded to you.
3.4 Protecting Account Access
You will keep all account information up to date, use reasonable means to protect Your account information, passwords and other login credentials, and promptly notify Kachoolie of any known or suspected unauthorized use of or access to Your account.
3.5 Use with Third Party Products
If You use the Kachoolie Technology with third party products, such use is at Your risk. You are responsible for complying with any third-party provider terms, including its privacy policy. Kachoolie does not provide support or guarantee ongoing integration support for products that are not a native part of the Kachoolie Technology.
4. Fees
To the extent permitted by law, orders for the Kachoolie Technology are non-cancellable.
There is a one time initialization fee of $550 and an annual subscription fee of $365 per Kachoolie Device.
A Kachoolie Device is required per tank gauge and is independent of the number of tanks connected to the tank gauge.
The one time initialization fee covers the site setup and installation support.
The annual subscription fee covers ongoing support.
Kachoolie may suspend your service if payment is not received per the invoice or if credit card charges are rejected or checks are returned. Kachoolie reserves the right to charge a $150 per Kachoolie reinstatement fee when payment is received. The suspension period is part of the subscription period.
We may, at our discretion, charge interest at 1.5% per month for late payment.
We may charge a non return fee of $400 for Kachoolies lost or not returned at the end of the subscription period.
Should you move a Kachoolie to a different site from where it was installed originally you may swap the Kachoolie for a Kachoolie type that matches the tank gauge at the new site. We may charge a service fee for equipment differences, new setup and installation support not to exceed $350.
All fees are subject to change.
5. Confidential Information and Use of Data
5.1 Confidentiality
(a) Recipient will hold in confidence and use no less than reasonable care to avoid disclosure of any
Confidential Information to any third party, except for its employees, affiliates and contractors who
have a need to know (“Permitted Recipients”).
(b) Recipient:
(1) must ensure that its Permitted Recipients are subject to written confidentiality obligations
no less restrictive than the Recipient’s obligations under this EULA; and
(2) is liable for any breach of this Section by its Permitted Recipients.
(c) Such nondisclosure obligations will not apply to information which:
(1) is known by Recipient without confidentiality obligations;
(2) is or has become public knowledge through no fault of Recipient; or
(3) is independently developed by Recipient.
(d) Recipient may disclose Discloser’s Confidential Information if required under a regulation, law or
court order provided that Recipient provides prior notice to Discloser (to the extent legally
permissible) and reasonably cooperates, at Discloser’s expense, regarding protective actions
pursued by Discloser.
(e) Upon the reasonable request of Discloser, Recipient will either return, delete or destroy all
Confidential Information of Discloser and certify the same.
5.2 How We Use Data
Kachoolie will access, process and use data in connection with Your use of the Kachoolie Technology in accordance with applicable privacy and data protection laws.
5.3 Notice and Consent
To the extent Your use of the Kachoolie Technology requires it, You are responsible for providing notice to, and obtaining consents from, individuals regarding the collection, processing, transfer and storage of their data through Your use of the Kachoolie Technology.
6. Ownership
6.1 Unless agreed in writing, nothing in this EULA transfers ownership in, or grants any license to, any intellectual property rights. You retain any ownership of Your content and Kachoolie retains ownership of the Kachoolie Technology and Kachoolie Content.
6.2 We may use any feedback You provide in connection with Your use of the Kachoolie Technology as part of our business operations.
7. Warranty
THE FOLLOWING WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, CONDITIONS
OR PROMISES TO CUSTOMER OR ANY THIRD PARTY, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ARISING BY STATUTE, LAW, COURSE OF DEALING, CUSTOM AND PRACTICE OR TRADE USAGE.
If both the Kachoolie Service Requirements for a working Internet connection at the site AND the Kachoolie Service Requirements for communicating with the gauge have been met, Kachoolie will be responsible for providing communications with the gauge.
The service Kachoolie provides through the hardware that it loans is a communications service which is subject to warranty.
Kachoolie Cloud, its features including but not limited to forecasting, environmental compliance reporting, alarming etc. are provided at no charge “AS-IS” and with no warranty.
Should the customer using Kachoolie hardware, experience a failure in communications, the customer, before contacting Kachoolie, must first establish that the Kachoolie Service Requirements are being met by checking that gauge is operating and that there is an operational Internet service at the site AND that this service is connected to the Kachoolie Device.
If all the Kachoolie Service Requirements are present, the customer can contact Kachoolie via email to support@kachoolie.com or via www.kachoolie.com to report the problem.
BostonBase Inc. will then diligently investigate the problem and if necessary send a replacement Kachoolie Device to the customer at no cost to the customer as described in section 2. The customer may be asked to power cycle the gauge or Kachoolie Device to aid in determining the problem.
The customer must provide the name, address and contact information for the site where the Kachoolie Device is installed so that Kachoolie can investigate any communications problems.
Should both the Kachoolie Service Requirements be present, and a properly installed replacement Device does not solve the communications problem, and 30 days without communications has passed since the replacement Device has been installed without BostonBase resolving the problem, the customer may request to cancel the Kachoolie Service for the site. In the event of this cancellation, BostonBase Inc. will return the prorated annual fee for the period from the start of the communications problem to the end of the paid up period and the customer will return all loaned Kachoolie Devices.
Kachoolie is not liable for incidental, special or consequential damages for any reason (including loss of data or other business or property damage), even if foreseeable or if Customer has advised of such a claim. Kachoolie’s liability shall not exceed the annual fee that Customer pays under this Terms and Conditions..
The service Kachoolie provides a communications service which is subject to warranty.
Kachoolie Cloud, its features including, but not limited to forecasting, environmental compliance reporting, alarming etc. are provided at no charge “AS-IS” and with no warranty.
If you use Kachoolie for TCP then the communications warranty described or implied in this section does not apply. The customer is responsible for providing a Working TCP/IP Connection for the tank gauge.
A working TCP/IP connection is defined as:
U sing industry standard Telnet or similar communications program, a remote connection can be made to the tank gauge from a remote location using the TCP/IP address and port number provided by the customer. In addition if the Veeder Root protocol commands “I20100” or “200” are sent to the gauge over the connection a valid response will be received.
You agree that the pricing for the service would be substantially higher but for these limitations.
8. Suspension
Kachoolie may immediately suspend Your Usage Rights if You breach Sections 2.1 (License and Right to Use), 3.1 (Kachoolie Technology Generally), 3.2 (Services), 4 Fees, 5.1 (Confidentiality) or failure to make payment.
8.1 Termination
(a) If a party materially breaches this EULA and does not cure that breach within 30 days after receipt of written notice of the breach, the non-breaching party may terminate this EULA for cause.
(b) Kachoolie may immediately terminate this EULA if You breach Sections 2.1 (License and Right to Use), 3.1(Kachoolie Technology Generally), 3.2 (Services) or 12.8 (Export) 4 Non Payment of Fees.
(c) Upon termination of the EULA, You must stop using the Kachoolie Technology and return any units within Your control.
(d) If this EULA is terminated due to Kachoolie material breach, Kachoolie will refund You or Your Approved Source, the prorated portion of fees You have prepaid for the Usage Rights beyond the date of termination.
(e) Upon Kachoolie's termination of this EULA for Your material breach, You will pay Kachoolie or the Approved Source any unpaid fees through to the end of the then-current Usage Term. If You continue to use or access any Kachoolie Technology after termination, Kachoolie or the Approved Source may invoice You, and You agree to pay, for such continued use.
9. General Provisions
9.1 Survival. Sections 3 (Additional Conditions of Use), 4 (Fees), 5 (Confidential Information and Use of Data),
6 (Ownership), 7 (Warranty), 8 (Termination and Suspension), and 9(General Provisions) survive termination or expiration of this EULA.
9.2 Third Party Beneficiaries. This EULA does not grant any right or cause of action to any third party.
9.3 Assignment and Subcontracting.
(a) Except as set out below, neither party may assign or novate this EULA in whole or in part without
the other party’s express written consent.
(b) Kachoolie may:
(1) by written notice to You, assign or novate this EULA in whole or in part to an Affiliate of Kachoolie,
or otherwise as part of a sale or transfer of any part of its business; or
(2) subcontract any performance associated with the Kachoolie Technology to third parties, provided
that such subcontract does not relieve Kachoolie of any of its obligations under this EULA.
9.4 US Government End Users
The Software, Cloud Services and Documentation are deemed to be
“commercial computer software” and “commercial computer software documentation” pursuant to FAR
12.212 and DFARS 227.7202. All US Government end users acquire the Software, Cloud Services and Documentation with only those rights set forth in this EULA. Any provisions that are inconsistent with federal procurement regulations are not enforceable against the US Government.
9.5 Modifications to the EULA
Kachoolie may change this EULA or any of its components by updating this EULA on
Kachoolie .com. Changes to the EULA apply to any Entitlements acquired or renewed after the date of modification.
9.6 Compliance with Laws
(a) General. Each party will comply with all laws and regulations applicable to their respective
obligations under this EULA. Kachoolie may restrict the availability of Kachoolie Technology in any particular location or modify or discontinue features to comply with applicable laws and regulations.
(b) Data collection and transfer. If You use the Kachoolie Technology in a location with local laws requiring a designated entity to be responsible for collection of data about individual end users and transfer of data outside of that jurisdiction (e.g. Russia and China), You acknowledge that You are the entity
responsible for complying with such laws.
9.7 Export
Kachoolie Software, Cloud Services, products, technology and services (collectively the “Kachoolie Products”) are subject to U.S. and local export control and sanctions laws. You acknowledge and agree to the applicability of and Your compliance with those laws, and You will not receive, use, transfer, export or re-export any Kachoolie Products in a way that would cause Kachoolie to violate those laws. You also agree to obtain any required licenses or authorizations.
9.8 Force Majeure
Except for payment obligations, neither party will be responsible for failure to perform its obligations due to an event or circumstances beyond its reasonable control.
9.9 No Waiver
Failure by either party to enforce any right under this EULA will not waive that right.
9.10 Severability
If any portion of this EULA is not enforceable, it will not affect any other terms.
9.11 Entire agreement
This EULA is the complete agreement between the parties regarding the subject matter of this EULA and supersedes all prior or contemporaneous communications, understandings or agreements
(whether written or oral).
9.12 Order of Precedence
If there is any conflict between this EULA and any Product Specific Terms expressly
referenced in this EULA, the order of precedence is:
(a) such Product Specific Terms;
(b) this EULA (excluding the Product Specific Terms and any Kachoolie policies); then
(c) any applicable Kachoolie policy expressly referenced in this EULA and any agreement expressly
incorporated by reference.
10. Privacy Policy
To review our Privacy Policy please see the following link to Privacy Policy.
11. Definitions
“Kachoolie” means the product or service provided or the Kachoolie entity. The Kachoolie entity is a part of BostonBase Inc.
“Affiliate” means any corporation or company that directly or indirectly controls, or is controlled by, or is under common control with the relevant party, where “control” means to: (a) own more than 50% of the relevant party or (b) be able to direct the affairs of the relevant party through any lawful means (e.g., a contract that allows control).
“Approved Source” means Kachoolie or a Kachoolie Partner.
“Authorized Third Parties” means Your Users, Your Affiliates, Your third party service providers, and each of their respective Users, permitted to access and use the Kachoolie Technology on Your behalf as part of Your Entitlement.
“Kachoolie ” “we” “our” or “us” means Kachoolie or its applicable Affiliate(s).
“Kachoolie Content” means any:
Kachoolie Content includes geographic and domain information, rules, signatures, threat intelligence and data feeds.
“Kachoolie Partner” means a Kachoolie authorized reseller, distributor or systems integrator authorized by Kachoolie to sell Kachoolie Technology.
“Service” means the Kachoolie hardware and software-as-a-service offering or other Kachoolie cloud-enabled features described in the applicable Product Specific Terms.
“Confidential Information” means non-public proprietary information of the disclosing party (“Discloser”)
obtained by the receiving party (“Recipient”) in connection with this EULA, which:
“Documentation” means the technical specifications and usage materials officially published by Kachoolie specifying the functionalities and capabilities of the applicable Kachoolie Technology.
“Entitlement” means the specific metrics, duration, and quantity of Kachoolie Technology You commit to acquire from an Approved Source through individual acquisitions or Your participation in a Kachoolie buying program.
“Malicious Code” means code designed or intended to disable or impede the normal operation of, or provide unauthorized access to, networks, systems, Software or Kachoolie Services other than as intended by the Kachoolie Technology (for example, as part of some of Kachoolie's security products).
“Product Specific Terms” means additional product related terms applicable to specific Kachoolie Technology as set out at www.kachoolie.com.
“Software” means the Kachoolie computer programs, including Upgrades, firmware and applicable Documentation.
“Upgrades” means all updates, upgrades, bug fixes, error corrections, enhancements and other modifications to the Software.
“Usage Term” means the period commencing on the Delivery Date and continuing until expiration or termination of the Entitlement, during which period You have the right to use the applicable Kachoolie Technology.
“User” means the individuals (including contractors or employees) permitted to access and use the Kachoolie Technology on Your behalf as part of Your Entitlement.
“You” means the individual or legal entity acquiring Usage Rights in the Kachoolie Technology.