The following capitalized terms shall have the meaning set forth below. Other defined terms shall have the meanings set forth where they are first underlined.
1.1. “Documentation” means the end user manuals or documentation regarding the use of the Talend Software and/or Talend Cloud Services that are generally provided with each Talend Software and/or Talend Cloud Services product.
1.2. “Generated Code” means an independently executable program or other similar binary code artifact that is generated by the Talend Software for which Customer has purchased a Software Subscription hereunder.
1.3. “Learner” means an individual identified by Customer as an individual authorized to use or access a Learning Subscription.
1.4. “Learning Services” means the training modules available through Talend’s online training portal: https://academy.talend.com.
1.5. “Learning Subscription” means Learners’ right to unlimited access and personal use of Learning Services, on a subscription basis, as specified in the applicable Order Form, and subject to the applicable License Type restrictions for which such right has been purchased and to the remaining terms of this Agreement.
1.6. “License” means a license granted under Section 2.1.
1.7. “License Type” means the type of License applicable to the Talend Software and/or Talend Cloud Services, as more fully described in the License Type Addendum.
1.8. “License Type Addendum” means the License Type descriptions available at https://www.talend.com/docs/license-type-addendum.pdf.
1.9. “Microservices Generated Code” means a type of Generated Code that is produced or derived from ESB binary code artifacts that are packaged using the Talend Software as a standalone Java executable application using the Spring Boot framework (https://spring.io/projects/spring-boot). As used in this Agreement, all terms and conditions that apply to the term “Generated Code” shall apply equally to the term “Microservices Generated Code”, except as provided in the License Type Addendum, incorporated herein by reference.
1.10. “Open Source Software” means individual software components that are provided with the Talend Software, for which the source code is made generally available, and that are licensed under the terms of various published open source software license agreements or copyright notices accompanying such software components.
1.11. “Order Form” means (i) a Talend order form accepted by both Parties, pursuant to which Customer may order Talend Software and Services from Talend, or (ii) any document accepted by and between an authorized reseller of Talend pursuant to which Customer may order Talend Software and Services from Talend.
1.12. “Services” means collectively the Consulting Services, Learning Services, and/or Training Services as further described in Section 3 herein.
1.13. “Software Subscription” means Customer’s right to use the applicable Talend Software, subject to the License Type restrictions for which such right has been purchased.
1.14. “Software Subscription Key” means a logical code that activates and controls a Software Subscription based on (i) the applicable License Type, (ii) the Talend Software edition for which a Software Subscription has been purchased, and (iii) the Subscription Term. A Software Subscription Key is “attached” to a specific hardware machine identified by a MAC address, and may be installed on only one machine at a time.
1.15. “Stitch Products Addendum” means those terms and conditions located at https://www.talend.com/docs/eula-stitch-products-addendum.pdf.
1.16. “Subscription Term” means the period of time set forth in the applicable Order Form for which a Software Subscription, a Learning Subscription, a Cloud Subscription is valid. Notwithstanding the foregoing, the Subscription Term for any Generated Code is always perpetual.
1.17. “Support Services” means the technical support services related to the use of the Talend Software and/or Talend Cloud Services (excluding the Stitch Products) that are purchased by Customer, as set forth on an applicable Order Form, and as further described in Talend’s “Support Services Policy” located at http://www.talend.com/legal-terms/us-support-policy. The Support Services Policy is hereby incorporated into and made part of this Agreement. Customer support for the Stitch Products shall be as set forth in the Stitch Products Addendum.
1.18. “Talend Cloud Services” and “Cloud Subscription” shall be as defined in Exhibit A. If Customer has ordered Stitch Products pursuant to the Stitch Products Addendum, references to the Talend Cloud Services herein (excluding Exhibit A) shall include the Stitch Products.
1.19. “Talend Open Studio” or “TOS” means the open source only version of the Talend integration software tools available for free download and licensed under an open source license.
1.20. “Talend Software” means the object code version of the Talend proprietary software for which Customer has purchased a Software Subscription hereunder, as indicated on the applicable Order Form, along with any Updates thereto provided by Talend to Customer hereunder and including, without limitation, any Generated Code but expressly excluding Talend Open Studio or any other Talend software made available under an open source license.
1.21. “Unsupported Code” means any program or binary code artifacts created or generated through use of Talend Open Studio.
1.22. “Update” means any Major Release, Minor Release, Service Pack and/or Patch (all as defined in the Support Services Policy) of or for the Talend Software that is made generally available by Talend to its customers during the term of this Agreement.