dotCMS Enterprise License Terms
The dotCMS Enterprise Subscription is by and between dotCMS Services, LLC (d.b.a. dotCMS) and the Subscriber, as identified on the dotCMS Order Form (“Order Form”). This Agreement AND Order Form collectively make up the entire agreement between dotCMS and Subscriber concerning dotCMS Services, Software and the dotCMS Enterprise License. This Agreement is effective as of the Effective Date on the Order Form.
By contracting with dotCMS for Cloud Services and/or Enterprise Licensing, you and any entity that you represent ("Subscriber") are unconditionally consenting to be bound by and are becoming a party to these Subscription Terms ("Terms") as of the Effective Date found on Subscriber's dotCMS Order Form (the "effective date"). Subscriber's continued use of the software, services or any licensed materials provided by dotCMS, Inc., shall also constitute assent to the terms of this agreement. If you are executing this agreement on behalf of an organization, you represent that you have authority to do so.
- It is acknowledged that dotCMS, LLC retains sole copyright and ownership of the application code known as dotCMS and the associated product software. dotCMS, LLC reserves the right to separately license components, grant waivers, and further modify the open-source licensing terms to accommodate commercial requirements, safeguards, and parameters of the Subscriber.
- Subject to the terms and conditions of this Agreement, dotCMS grants the Subscriber a limited, non-exclusive, non-transferable, revocable, and temporary worldwide license to use the dotCMS Software and Services as represented in the Order Form.
- Upon execution of the Order Form, dotCMS will make the dotCMS support portal available to Subscriber to facilitate the support process. Additionally, dotCMS will make temporary environments or licensing keys available to Subscriber as needed.
- Upon payment of the Order Form, dotCMS will provide access to live environments or licensing keys that contain/unlock the dotCMS Enterprise functionality for the Subscriber.
- dotCMS will continue to provide license keys/services for the Subscriber at renewal upon receipt of payment by dotCMS.
- Subscriber shall not use, distribute, duplicate, decompile, reverse-engineer, transfer and/or relay the dotCMS Product Software, license key, and/or modified enterprise code outside of its designated Environment(s) and identified instances(s).
- dotCMS grants the Subscriber a waiver to the requirements found in the dotCMS Community Edition Licensing (GPL 3.0) , specifically the requirement of the “public distribution of derived source code”. This waiver grants Subscriber full ownership and distribution rights to all code authored by Subscriber that extends dotCMS code, software or services. This enables the Subscriber to forego any redistributive requirements found in the GPL 3. Such a waiver applies only to source and compiled code authored by the subscriber and does not extend to source code or compiled code supplied by dotCMS. At all times dotCMS retains all property and distributive rights to code authored by dotCMS.
- dotCMS grants to Subscriber, solely during the term set forth in the Subscriber Order Form, a limited, non-exclusive, non-transferable, revocable right to use the dotCMS Enterprise Edition features and codebase based on the conditions set forth in the Order Form, all solely for the Subscriber's own internal business operations and subject to the terms hereof. The number of dotCMS instances and environments that Subscriber has authorization to use shall not exceed the number of authorized Instances and environments specifically set forth on the Order Form. The number Instances and environments may be amended, from time to time, by the mutual written agreement of the parties. Regardless, instances and environments cannot be shared, transferred, resold or used by any other company or corporate entity -- unless Subscriber is designated and authorized to do so by dotCMS.
2. Restrictions and responsibilities
- Except as expressly authorized in Section 1, Subscriber will not, and will not permit any third party to: use the Licensed Materials for any purpose other than as specifically authorized in Section 1, or in such a manner that would enable any unlicensed person to access the Licensed Materials; use the Licensed Materials or any other dotCMS software for timesharing or service bureau purposes or for any purpose other than its and its Affiliates’ own internal use (including without limitation, sublicensing, distributing, selling, reselling any of the foregoing); except as expressly permitted herein; use the Licensed Materials in connection with any high risk or strict liability activity (including, without limitation, space travel, firefighting, police operations, power plant operation, military operations, rescue operations, hospital and medical operations or the like); use the Licensed Materials or software other than in accordance with this Agreement and in compliance with all applicable laws and regulations (including but not limited to any privacy laws, and laws and regulations concerning intellectual property, consumer and child protection, obscenity or defamation); or use the Licensed Materials in any manner that (1) is harmful, fraudulent, deceptive, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, or libelous (including without limitation, accessing any computer, computer system, network, software, or data without authorization, breaching the security of another user or system, and/or attempting to circumvent any User authentication or security process), (2) impersonates any person or entity, including without limitation any employee or representative of dotCMS, or (3) contains a virus, trojan horse, worm, time bomb, unsolicited bulk, commercial, or “spam” message, or other harmful computer code, file, or program (including without limitation, password guessing programs, decoders, password gatherers, keystroke loggers, cracking tools, packet sniffers, and/or encryption circumvention programs).
- Subscriber will cooperate with dotCMS in connection with the performance of this Agreement by making available such personnel and information as may be reasonably required, and taking such other actions as dotCMS may reasonably request. Subscriber will also cooperate with dotCMS in establishing a password or other procedures for verifying that only designated employees of Subscriber have access to any administrative functions of the Licensed Materials. Subscriber shall maintain during the term of this Agreement and through the end of the third year after the date on which the final payment is made under this Agreement, books, records, contracts and accounts relating to the payments due dotCMS under this Agreement (collectively, the “Subscriber Records”). dotCMS may, at its sole expense, upon 30 days’ prior written notice to Subscriber and during Subscriber’s normal business hours and subject to industry-standard confidentiality obligations, hire an independent third party auditor to audit the Subscriber Records only to verify the amounts payable under this Agreement. If an audit reveals underpayment, then Subscriber shall promptly pay the deficiency to dotCMS plus late fees pursuant to Section 5.2. dotCMS shall bear the cost of an audit unless the audit reveals underpayment by more than 5% for the audited period, in which case Subscriber shall promptly pay dotCMS for the reasonable costs of the audit.
- Subscriber will be responsible for maintaining the security of Subscriber’s account, passwords (including but not limited to administrative and User passwords) and files, and for all uses of Subscriber account with or without Subscriber’s knowledge or consent.
- Each party (the “Receiving Party”) understands that the other party (the “Disclosing Party”) has disclosed or may disclose information relating to the Disclosing Party’s technology or business (hereinafter referred to as “Proprietary Information” of the Disclosing Party). Without limiting the foregoing, the Licensed Materials are dotCMS Proprietary Information.
- The Receiving Party agrees: (i) not to divulge to any third person any such Proprietary Information, (ii) to give access to such Proprietary Information solely to those employees with a need to have access thereto for purposes of this Agreement, and (iii) to take the same security precautions to protect against disclosure or unauthorized use of such Proprietary Information that the party takes with its own proprietary information, but in no event will a party apply less than reasonable precautions to protect such Proprietary Information. The Disclosing Party agrees that the foregoing will not apply with respect to any information that the Receiving Party can document (a) is or becomes generally available to the public without any action by, or involvement of, the Receiving Party, or (b) was in its possession or known by it prior to receipt from the Disclosing Party, or (c) was rightfully disclosed to it without restriction by a third party, or (d) was independently developed without use of any Proprietary Information of the Disclosing Party. Nothing in this Agreement will prevent the Receiving Party from disclosing Proprietary Information pursuant to any judicial or governmental order, provided that the Receiving Party gives the Disclosing Party reasonable prior notice of such disclosure to contest such order. In any event, dotCMS may collect data with respect to and report on the aggregate response rate and other aggregate measures of the Licensed Materials’ performance and Subscriber’s usage of the Licensed Materials; provided that dotCMS will not identify Subscriber as the source of any such data without Subscriber’s prior written consent. For the avoidance of doubt, use of a third party to host the data collected shall not be deemed a disclosure.
- Each party acknowledges and agrees that the other may suffer irreparable damage in the event of a breach of the terms of Sections 1.1, 2.1 or 3.2 of this Agreement and that such party will be entitled to seek injunctive relief (without the necessity of posting a bond) in the event of any such breach.
- Both parties will have the right to disclose the existence of the relationship between the parties, but not the terms and conditions of this Agreement, unless such disclosure of the Agreement terms is approved in writing by both Parties prior to such disclosure, or is included in a filing required to be made by a party with a governmental authority (provided such party will use reasonable efforts to obtain confidential treatment or a protective order) or is made on a confidential basis as reasonably necessary to potential investors or acquirers.
4. Intellectual property rights
- Except as expressly set forth herein, dotCMS alone (and its licensors, where applicable) will retain all intellectual property rights relating to the Licensed Materials and any suggestions, ideas, enhancement requests, feedback, code, or other recommendations provided by Subscriber, its Affiliates or any third party relating to the Licensed Materials, which are hereby assigned to dotCMS. This Agreement is not a sale and does not convey to Subscriber any rights of ownership in or related to the Licensed Materials, or any intellectual property rights.
- Subscriber shall not remove, alter or obscure any of dotCMS’s (or its licensors’) copyright notices, proprietary legends, trademark or service mark attributions, patent markings or other indicia of dotCMS’s (or its licensors’) ownership or contribution from the Licensed Materials. Additionally, Subscriber agrees to reproduce and include dotCMS’s (and its licensors’) proprietary and copyright notices on any copies of the Licensed Materials, or on any portion thereof, including reproduction of the copyright notice. Notwithstanding anything to the contrary herein, certain components of the Licensed Materials, including without limitation, any component of the Licensed Materials distributed by dotCMS as part of the dotCMS Community Edition, are licensed by third parties pursuant to the terms of certain third party licenses described in such source code annotations.
- Subscriber and its licensors shall (and Subscriber hereby represents and warrants that they do) have and retain all right, title and interest (including, without limitation, sole ownership of) all software, information, content and data provided by or on behalf of Subscriber or made available or otherwise distributed through use of the Licensed Materials (“Content”) and the intellectual property rights with respect to that Content. If dotCMS receives any notice or claim that any Content, or Subscriber’s activities hereunder (including without limitation, with respect to any Content), infringes or violates the rights of a third party or any applicable law or regulation (a “Claim”), Subscriber will indemnify, defend and hold dotCMS harmless from all liability, damages, settlements, attorney fees and other costs and expenses in connection with any such Claim, as incurred. The immediately foregoing indemnity obligations are expressly conditioned on dotCMS providing Subscriber with prompt notice of, and reasonable cooperation and sole control over the defense and/or settlement of the applicable Claim. Subject to the foregoing, dotCMS may participate in the defense and/or settlement of any applicable Claim with counsel of its choosing at its own expense.
- dotCMS will defend, indemnify and hold Subscriber harmless from liability and other amounts paid or payable to unaffiliated third parties resulting from the infringement or violation of any intellectual property or proprietary rights by the Licensed Materials, provided dotCMS is promptly notified of any and all threats, claims and proceedings related thereto and given reasonable assistance and the opportunity to assume sole control over defense and settlement thereof. Subject to the foregoing, Subscriber may participate in the defense and/or settlement of any claim that is indemnifiable by dotCMS with counsel of its choosing at its own expense. The foregoing obligations do not apply with respect to portions or components of the Licensed Materials (i) not created by dotCMS, (ii) that are modified after delivery by dotCMS, (iii) combined with other products, processes or materials where the alleged infringement relates to such combination, (iv) where Subscriber continues allegedly infringing activity after being notified thereof or after being informed of modifications that would have avoided the alleged infringement, or (v) where Subscriber’s use of the Licensed Materials is not strictly in accordance with this Agreement and all related documentation.
5. Payment of fees
- Subscriber will pay dotCMS the then applicable fees described in the Order Form for the Licensed Materials in accordance with the terms therein (the “Fees”). If Subscriber’s use of the Licensed Materials exceeds the Service Capacity, instance count or environment count set forth on the Order Form or otherwise requires the payment of additional fees (per the terms of this Agreement), Subscriber shall be billed for such usage and Subscriber agrees to pay the additional fees in the manner provided herein. dotCMS reserves the right to change the Fees or applicable charges and to institute new charges and Fees at the end of the Initial Service Term or then current renewal term, upon thirty (30) days prior notice to Subscriber (which may be sent by email). If Subscriber believes that dotCMS has billed Subscriber incorrectly, Subscriber must contact dotCMS no later than 60 days after the closing date on the first billing statement in which the error or problem appeared, in order to receive an adjustment or credit. Inquiries should be directed to Company’s support portal or support department (support@dotCMS.com).
- dotCMS may choose to bill through an invoice, in which case, full payment for invoices issued in any given month must be received by dotCMS according to the payment terms specified in the invoice. Unpaid amounts are subject to a finance charge of 1.5% per month on any outstanding balance, or the maximum permitted by law, whichever is lower, plus all expenses of collection and may result in immediate termination of Service. Subscriber shall be responsible for all taxes associated with the Licenses Materials other than U.S. taxes based on dotCMS’s net income.
- Our fees do not include any taxes, levies, duties or similar governmental assessments of any nature, including, for example, value-added, sales, GST, use or withholding taxes, assessable by any jurisdiction whatsoever in relation to your purchases under this Agreement (collectively, the “Taxes”). You are solely responsible for paying all Taxes associated with your purchases hereunder. If we have a legal obligation to pay or collect Taxes for which you are responsible for under this Clause 4.3, we shall invoice you and you shall pay that amount to us unless you provide us with a valid tax exemption certificate authorized by the appropriate taxing authority. We shall calculate applicable Taxes based on your billing address as detailed on the relevant Order Form or Quote (it is your duty to inform us if Taxes should be assessed on a different address). You shall promptly notify us of any changes to any of your addresses specified in an Order Form or Quote. Taxes shall not be deducted from or set-off against the fees in the applicable Order Form or Quote.
- Subject to earlier termination as provided below, this Agreement is for the Initial Service Term as specified in the Order Form or Quote, and shall be automatically renewed for additional periods of the same duration as the Initial Service Term (collectively, the “Term”), unless either party requests termination with at least thirty (30) days notice.
- This Agreement shall commence on the Effective Date; thereafter, this Agreement shall renew for successive one-year Renewal Terms, unless either party gives at least sixty (60) days notice of non-renewal prior to the expiration of the applicable Term. On renewal, dotCMS reserves the right to increase the cost of the goods and services delivered under this agreement and Order Form.
- Either party may terminate this Agreement, without notice, (i) upon the institution by or against the other party of insolvency, receivership or bankruptcy proceedings (provided such proceedings are not dismissed within one hundred twenty (120) days of such institution), (ii) upon the other party’s making an assignment for the benefit of creditors, (iii) upon the other party’s dissolution or ceasing to do business without a successor dotCMS may terminate this Agreement upon written notice to Subscriber in the event of Subscriber’s (iv) unauthorized use of dotCMS Product Software, (v) failure to make timely payment to dotCMS, or (vi) subject to its obligations under Section 10 of this Agreement. Either party may terminate this Agreement immediately in the event the other party commits a material breach of this Agreement and fails to remedy that breach within thirty (30) days of receipt of notice of the material breach.
- Subscriber’s rights to the Licensed Materials, and any licenses granted hereunder, shall terminate upon any termination of this Agreement. Upon termination of this Agreement, Subscriber shall have no further rights to receive or use the services and support outlined in the Order Form.
- Upon expiration of term or termination of subscription license, dotCMS will discontinue License Key and related services to the Subscriber. Access to the features and functionality provided through the Product Software offering will be discontinued and locked.
7. Service Warranty
During each term of the Subscription, dotCMS will use reasonable efforts to ensure that services and support are conducted in a workmanlike manner by qualified personnel. All warranty services are listed on the Order Form and will be available during the Term of the Subscription or until the End of Life (EOL) of the software version used by Subscriber.
8. Product Disclaimer
THE PRODUCT SOFTWARE IS PROVIDED TO THE SUBSCRIBER “AS IS”, WITHOUT ANY INHERENT WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, WARRANTIES CONCERNING THE INSTALLATION, USE, OR PERFORMANCE OF THE PRODUCT SOFTWARE. DOTCMS AND ITS RESELLERS DISCLAIM ANY AND ALL WARRANTIES, EITHER EXPRESS OR IMPLIED INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT. DOTCMS AND ITS RESELLERS DO NOT GUARANTEE THAT THE PRODUCT WILL MEET SUBSCRIBER'S REQUIREMENTS OR THAT THE OPERATION THEREOF WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ERRORS WILL BE CORRECTED..
9. Limitation of liability
IN NO EVENT SHALL DOTCMS OR ITS RESELLERS HAVE ANY LIABILITY FOR CONSEQUENTIAL, EXEMPLARY, SPECIAL, INDIRECT, INCIDENTAL OR PUNITIVE DAMAGES, INCLUDING (WITHOUT LIMITATION) ANY LOST PROFIT, LOST DATA, OR BUSINESS INTERRUPTION, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- EXCEPT WITH RESPECT TO DOTCMS’ OBLIGATIONS PURSUANT TO SECTION 9, IN ANY EVENT, AND NOTWITHSTANDING ANY OTHER PROVISION IN THIS AGREEMENT OTHER THAN SECTION 10.2, THE AGGREGATE LIABILITY OF DOTCMS SERVICES, LLC FOR ANY REASON AND UPON ANY CAUSE OF ACTION UNDER THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT PAID TO DOTCMS SERVICES, LLC BY SUBSCRIBER DURING THE TWELVE MONTHS PRIOR TO WHEN THE CAUSE OF ACTION AROSE.
- WITH RESPECT TO DOTCMS‘ OBLIGATIONS PURSUANT TO SECTION 9, IN ANY EVENT, AND NOTWITHSTANDING ANY OTHER PROVISION IN THIS AGREEMENT, THE AGGREGATE LIABILITY OF DOTCMS SERVICES, LLC. FOR ANY REASON AND UPON ANY CAUSE OF ACTION SHALL BE LIMITED TO THE LESSER OF (i) ONE HUNDRED TWENTY-FIVE PERCENT (125%) OF THE AMOUNT PAID TO DOTCMS SERVICES, LLC BY SUBSCRIBER DURING THE PREVIOUS TWELVE MONTHS OR (ii) FIVE HUNDRED THOUSAND U.S. DOLLARS ($500,000 USD).
10. U.S. Government Matters
Notwithstanding anything else, Subscriber may not provide to any person or export or re-export or allow the export or re-export of the Licensed Materials or any software or anything related thereto or any direct product thereof (collectively “Controlled Subject Matter”), in violation of any restrictions, laws or regulations of the United States Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control, or any other United States or foreign agency or authority. Without limiting the foregoing Subscriber acknowledges and agrees that the Controlled Subject Matter will not be used or transferred or otherwise exported or re-exported to countries as to which the United States maintains an embargo (collectively, “Embargoed Countries”), or to or by a national or resident thereof, or any person or entity on the U.S. Department of Treasury’s List of Specially Designated Nationals or the U.S. Department of Commerce’s Table of Denial Orders (collectively, “Designated Nationals”). The lists of Embargoed Countries and Designated Nationals are subject to change without notice. Use of the Licensed Materials is representation and warranty that the User is not located in, under the control of, or a national or resident of an Embargoed Country or Designated National. The Controlled Subject Matter may use or include encryption technology that is subject to licensing requirements under the U.S. Export Administration Regulations. As defined in FAR section 2.101, any software and documentation provided by dotCMS are “commercial items” and according to DFAR section 252.2277014(a)(1) and (5) are deemed to be “commercial computer software” and “commercial computer software documentation.” Consistent with DFAR section 227.7202 and FAR section 12.212, any use modification, reproduction, release, performance, display, or disclosure of such commercial software or commercial software documentation by the U.S. Government will be governed solely by the terms of this Agreement and will be prohibited except to the extent expressly permitted by the terms of this Agreement.
- Severability. If any part of this Agreement is held by a court of competent jurisdiction to be illegal or unenforceable, the validity or enforceability of the remainder of this Agreement shall not be affected and such provision shall be deemed modified to the minimum extent necessary to make such provision consistent with applicable law and, in its modified form, such provision shall then be enforceable and enforced.
- Assignment. Subscriber may not assign this Agreement or its rights or obligations under this Agreement to any person or party, whether by operation of law or otherwise, without dotCMS’ prior consent.
- No Waiver; Limitations. Failure by either party to exercise any right or remedy under this Agreement does not signify acceptance of the event giving rise to such right or remedy. To the extent permitted by applicable law, no action, regardless of form, arising out of this Agreement may be brought by Subscriber more than one (1) year after the cause of action has accrued.
- Non-Compete. So long as the Subscriber continues to use the dotCMS Enterprise or Community Edition on their designated domain and for a period of 1 (one) year after (the “Restricted Period”), the Subscriber shall not, directly or indirectly recruit or otherwise solicit or induce any person who is an employee, independent contractor, or consultant of, or otherwise engaged by dotCMS to terminate his/her employment or other relationship with dotCMS Services, LLC. It is acknowledged and agreed by the Subscriber that dotCMS has legitimate business interests justifying the restrictions contained herein and that such restrictions are reasonably necessary to protect such legitimate business interests.
- Governing Law. This Agreement shall be governed by the laws of the United States, without regard to the conflict of laws provisions thereof. In no event shall either the United Nations Convention on Contracts for the International Sale of Goods or any adapted version of the Uniform Computer Information Transactions Act apply to, or govern, this Agreement. In the event, either party initiates an action in connection with this Agreement or any other dispute between the parties, the exclusive venue, and jurisdiction of such action shall be in the state and federal courts in Miami-Dade County, Florida, USA.
- Notwithstanding Section 11, either party may enforce any judgment rendered by such court in any court of competent jurisdiction, and dotCMS may seek injunctive or other equitable relief in any jurisdiction in order to protect its intellectual property rights.
- Subscriber shall comply at its own expense with all relevant and applicable laws related to the use and distribution of the Software Product as permitted in this Agreement.
- Attorney Fees. Subject to Section 10, for the purposes of any action between the parties relating to this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees and costs.
- Notices. Unless otherwise agreed to by the parties, any notice, authorization, or consent ("Notice") required or permitted to be given or delivered under this Agreement shall be in writing and addressed and delivered to the other party’s address set forth on the Order Form.
- Force Majeure. Except for performance of a payment obligation, neither party will be liable to the other by reason of any failure in performance of this Agreement if the failure arises out of the unavailability of communications facilities or energy sources, acts of God, acts of the other party, acts of governmental authority, fires, strikes, delays in transportation, riots, terrorism, war, or any causes beyond the reasonable control of that party.
- Entire Agreement. This Agreement along with Order Form comprises the entire agreement between the parties regarding the subject matter hereof and supersedes and merges all prior proposals, understandings, and all other agreements, oral and written, between the parties relating to the subject matter of this Agreement. dotCMS reserves the right to amend or modify this Agreement at any time and in any manner by providing reasonable notice to the Subscriber. Subscriber agrees that such reasonable notice may be provided by posting on the dotCMS web site and/or email. Except as otherwise set forth herein, this Agreement may be amended or modified only in a writing executed by both parties.
- This Agreement may be incorporated in other documents or executed via facsimile or via emailed PDF-format document (or other mutually agreeable document formats), and a facsimile or emailed copy of either party's signature shall be deemed and be enforceable as an original thereof. This Agreement may be executed in counterparts, both of which taken together shall constitute one single Agreement between the parties.
12. Data privacy
Subscriber shall ensure that any and all information or data, including without limitation, personal data, used by Subscriber in connection with the Agreement (“Subscriber Data”) is collected, processed, transferred and used in full compliance with Applicable Data Protection Laws (as defined below) and that it has all obtained all necessary authorizations and consents from any data subjects to process Subscriber Data. “Applicable Data Protection Laws” means any applicable laws, statutes or regulations as may be amended, extended or re-enacted from time to time which relate to personal data including without limitation (ii) from and after 25 May 2018, GDPR and any EU Member State laws implementing the GDPR; and (iii) the e-Privacy Directive 2002/58/EC, as amended and as transposed into EU Member State law and any legislation replacing the e-Privacy Directive and (b) “GDPR” means the Regulation (EU) 2016/679 of the European Parliament and of the Counsel of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation). We may enter into a GDPR Data Processing Agreement with certain Scale clients, depending on the nature of the installation, how data is being processed, and where it is stored. Our standard form agreement can be viewed here.