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South Dakota End User License Agreement - Software as a Service

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                             This End User License Agreement may be implemented for software that is deployed over
                             the internet and/or is deployed to run behind a firewall on a local area network or personal
                             computer. With software as a service (SAAS), a provider licenses an application to
                             customers as a service on demand, through a subscription, or a "pay-as-you-go" model, or
                             increasingly at no charge. The agreement defines the ways in which the software may be
                             used and restricts the purchaser from any unauthorized use, sale, and reverse engineering
                             of the software. The agreement contains a limited warranty to remedy defective software
                             and a limitation of liability protecting the company from any damages arising out of the
                             purchaser's use of the software. This document should be utilized by software companies
                             located in South Dakota that offer software through this delivery method.
             ®




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           END USER LICENSE AGREEMENT - SOFTWARE AS A SERVICE

This End User License Agreement and the Schedules attached hereto (collectively, the
“Agreement”) is made as of this ________ [Month] __ [Date], 20__ (“Effective Date”) by and
between _______________________________ [Instruction: Insert the name of Licensor],
(“Licensor”), having its principal place of business at _______________________________,
and _______________________________ [Instruction: Insert the name of Licensee]
(“Licensee”), having its principal place of business at _______________________________.

   1. Definitions

   a) “Access” means to connect to the Software either directly or indirectly through any
      network including the internet.

   b) “Add-ons” mean separate components and / or subscription packages, which work in
      conjunction with the Software to provide additional or enhanced functionality or usage.
       Add-ons include, but are not limited to, modules, number of users, specific features,
      plug-ins, macros, extensions and libraries.

   c) “Content” means any data, information or material submitted by Licensee for use of the
      Software or for processing through the Software.

   d) “Documentation” means all documentation, technical manuals, functional manuals,
      operator and user guides and manuals, flow diagrams, file descriptions and other written
      information describing the functions, operational characteristics and specifications of the
      Software or other technology, or explaining how to install, use, maintain or support the
      Software or other technology.

   e) “Initial Term” means the fixed initial period of time (starting from the Effective Date) in
      which Licensee pays to Licensor the License Fees to use the Software.

   f) “Renewal Term” means the additional period of time for which the term of this
      agreement will be extended automatically upon expiration of the Initial Term or the 
				
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Description: This End User License Agreement may be implemented for software that is deployed over the internet and/or is deployed to run behind a firewall on a local area network or personal computer. With software as a service (SAAS), a provider licenses an application to customers as a service on demand, through a subscription, or a "pay-as-you-go" model, or increasingly at no charge. The agreement defines the ways in which the software may be used and restricts the purchaser from any unauthorized use, sale, and reverse engineering of the software. The agreement contains a limited warranty to remedy defective software and a limitation of liability protecting the company from any damages arising out of the purchaser's use of the software. This document should be utilized by software companies located in South Dakota that offer software through this delivery method.
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