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Free Trial Service Agreement

KALTURA, INC. FREE TRIAL SERVICE AGREEMENT

THIS FREE TRIAL SERVICE AGREEMENT (“AGREEMENT”) GOVERNS YOUR ACQUISITION AND USE OF ANY FREE TRIAL SERVICE MADE AVAILABLE BY KALTURA, INC.  BY CLICKING A BOX INDICATING YOUR ACCEPTANCE OF THIS AGREEMENT OR OTHERWISE USING THE FREE TRIAL SERVICE, YOU AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY AND ITS AFFILIATES TO THESE TERMS AND CONDITIONS, IN WHICH CASE THE TERMS “YOU” OR “YOUR” SHALL REFER TO SUCH ENTITY AND ITS AFFILIATES. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MUST NOT ACCEPT THIS AGREEMENT AND MAY NOT USE THE FREE TRIAL SERVICE.

You may not access the Free Trial Service if You are Our direct competitor, except with Our prior written consent. In addition, You may not access the Free Trial Service for purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purposes. This Agreement was last updated on August 22, 2019.  It is effective between You and Us as of the date of You accepting this Agreement.

  1. “Free Trial Service” means the application(s), technology, and/or services provided under this Agreement.

    1.1. “Account” means an account assigned to you by Kaltura at the time you sign up for a Free Trial Service.

    1.2. Documentation” means Our online user guides, documentation, and help and training materials, as updated from time to time, and which may be accessible via the Kaltura Knowledge Center. Your use of the Free Trial Service shall be subject to any notice and licensing information in the Documentation.

    1.3. “Content” means any content uploaded to the Kaltura platform via your Account.

    1.4. “Users” means individuals who are authorized by You to use the Free Trial Service via your Account, and have been supplied user identifications and passwords by You (or by Us at Your request). Users may include but are not limited to employees, consultants, contractors and agents of You or Your affiliates.

    1.5. “We,” “Us” or “Our” means Kaltura, Inc., a Delaware corporation with principal offices located at 250 Park Avenue South, 10th Floor, New York, NY 10003.

    1.6. “You” or “Your” means the company or other legal entity for which you are accepting this Agreement, and affiliates of that company or entity.

    1.7. “Privacy Policy” means the terms and conditions of Kaltura’s Privacy Policy, which is published at https://corp.kaltura.com/privacy-policy, and which is incorporated herein by reference.
  2. Use of Free Trial Service. We will make the Free Trial Service available to You subject to the terms of this Agreement, the applicable Documentation, and any additional terms specified on the web page through which You registered for an Account.
  3. Removal of Content.If We are required by a licensor or any third-party rights holder to remove Content, or receive information that Content provided by You may violate applicable law or third-party rights, We may discontinue Your access to such Content through the Free Trial Service. In addition, We may, upon notice to You, require You to discontinue all use of such Content and, to the extent not prohibited by law, promptly remove such Content from its systems. If You do not take required action in accordance with the above, We may disable the applicable Content and/or Free Trial Service until the potential violation is resolved. If so requested by Us, You shall certify such deletion and discontinuance of use in writing and We shall be authorized to provide a copy of such certification to any such third party claimant or governmental authority, as applicable.
  4. Aggregated Data.  We may use the data generated in connection with Your use of the Free Trial Service (e.g., types of web applications utilized); provided, however, in the event We provide such data to third parties, it shall be anonymized and presented in the aggregate so that it cannot be linked specifically to You or any User.
  5. Confidentiality.Information that is disclosed by one party (the “Disclosing Party”) to the other party (the “Receiving Party”) in connection with this Agreement that is identified as confidential or that would reasonably be understood to be confidential based on the nature of the information or the circumstances surrounding its disclosure, is Confidential Information of the Disclosing Party. Notwithstanding the foregoing, the Free Trial Service and all information provided or disclosed to You relating to the Free Trial Service is Our Confidential Information. The Receiving Party shall use the same degree of care to protect such Confidential Information that it uses to protect the confidentiality of its own confidential information of like kind (but in no event less than reasonable care) (i) not to use any Confidential Information of the Disclosing Party for any purpose outside the scope of this Agreement, and (ii) except as otherwise authorized by the Disclosing Party in writing, to limit access to Confidential Information of the Disclosing Party to those of its and its affiliates’ employees, contractors and agents who need such access for purposes consistent with this Agreement and who have signed confidentiality agreements with the Receiving Party containing protections no less stringent than those herein. The Receiving Party may disclose Confidential Information of the Disclosing Party if it is compelled by law to do so, provided the Receiving Party gives the Disclosing Party prior notice of such compelled disclosure (to the extent legally permitted) and reasonable assistance, at the Disclosing Party’s cost, if the Disclosing Party wishes to contest the disclosure. If the Receiving Party is compelled by law to disclose the Disclosing Party’s Confidential Information as part of a civil proceeding to which the Disclosing Party is a party, and the Disclosing Party is not contesting the disclosure, the Disclosing Party will reimburse the Receiving Party for its reasonable cost of compiling and providing secure access to such Confidential Information.
  6. Term and Termination.This Agreement shall commence upon Your acceptance and shall remain in effect with respect to a Free Trial Service until We cease making the applicable Free Trial Service functionality available to You. We reserve the right to cease making the Free Trial Services available to You, in whole or in part, at any time at our sole discretion.
  7. Your Responsibilities.You are responsible for all activities that occur via Your Account(s) and for Users’ compliance with this Agreement. You shall not: (a) license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, time share or otherwise commercially exploit the Free Trial Service or make the Free Trial Service available to any third party, other than as expressly permitted by this Agreement; (b) use the Free Trial Service to send spam or otherwise duplicative or unsolicited messages in violation of applicable laws; (c) use the Free Trial Service to send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material that is harmful to children or that violates third party privacy rights; (d) use the Free Trial Service to send or store any virus, worm, time bomb, Trojan horse or other harmful or malicious code, file, script, agent or programs; (e) interfere with or disrupt the integrity or performance of the Free Trial Service or the data contained therein; (f) attempt to gain unauthorized access to the Free Trial Service or its related systems or networks, or permit direct or indirect access to or use of the Free Trial Service in a way that circumvents a contractual usage limit; (g) modify, copy or create derivative works based on the Free Trial Service; (h) reverse engineer the Free Trial Service (to the extent such restriction is permitted by law); (i) access the Free Trial Service in order to build a competitive product or service; (j) access the Free Trial Service in order to copy any ideas, features, functions or graphics of the Free Trial Service; (k) send or store any data subject to the Health Insurance Portability and Accountability Act, Gramm-Leach-Bliley Act, or the Payment Card Industry Data Security Standards; (l) continue to use or access any Kaltura application provided to You in connection with any Free Trial Service after Kaltura ceases making the Free Trial Service available to You; or (m) otherwise use the Free Trial Service in manner that violates applicable laws. You shall: (i) have sole responsibility for the accuracy, quality, integrity, legality, reliability, and appropriateness of all information and material submitted to the Free Trial Service by You or by Users or on their behalf, the means by which You acquired such information and material, and the use of such Content and data; (ii) to the extent any Documentation imposes restrictions on the submission of data to services which operate on the same infrastructure as the Free Trial Service, You shall abide by such restrictions in Your submission of data to the Free Trial Service; (iii) use commercially reasonable efforts to prevent unauthorized access to, or use of, the Free Trial Service and Content, and notify Us promptly of any such unauthorized access or use by contacting [email protected]; and (iv) comply with the Documentation (if applicable) and all applicable local, state, federal and foreign laws, and written or electronically provided instructions from Us in using the Free Trial Service and Content. For the avoidance of doubt, Kaltura reserves the right to terminate Your Account and cease providing the Free Trial Service without notice if it concludes, in its sole discretion, that You have violated these Terms.
  8. No Warranty. THE FREE TRIAL SERVICE IS PROVIDED “AS-IS”, EXCLUSIVE OF ANY WARRANTY WHATSOEVER. WE DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. The Free Trial Service may contain bugs or errors. Any production use of the Free Trial Service is at Your sole risk. You acknowledge that We may discontinue making the Free Trial Service available to You at any time in Our sole discretion.
  9. No Damages.IN NO EVENT SHALL WE HAVE ANY LIABILITY HEREUNDER TO YOU FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR DAMAGES BASED ON LOST PROFITS, DATA OR USE, HOWEVER CAUSED AND, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, WHETHER OR NOT YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
  10. Proprietary Rights.Subject to the limited rights expressly granted hereunder, We reserve all rights, title and interest in and to the Free Trial Service, including all related intellectual property rights. No rights are granted to You hereunder other than as expressly set forth herein. We shall have a royalty-free, worldwide, irrevocable, perpetual license to use and incorporate into the Free Trial Service any suggestions, enhancement requests, recommendations or other feedback provided by You, including from Users, relating to the operation of the Free Trial Service. As between You and Us, You retain all intellectual property rights to any content, except that You grant Us a worldwide, royalty-free, transferable, non-exclusive license to store, copy, transmit, publish, or otherwise process Content to the extent necessary to provide the Free Trial Service.
  11. Communications. By registering for and using the Free Trial Service, You thereby consent to receiving information about Kaltura and its products and services via the contact information that You provide to Kaltura. You may opt-out of any such communications at any time by providing Kaltura with notification of Your intent to opt-out in accordance with the instructions contained in such communications, or as otherwise specified in the Privacy Policy.
  12. General Provisions. You may not assign any of Your rights or obligations hereunder, whether by operation of law or otherwise, without Our prior written consent. This Agreement shall be governed exclusively by the internal laws of the State of New York, without regard to its conflict of laws rules. Each party hereby consents to the exclusive jurisdiction of the state and federal courts located in the State of New York to adjudicate any dispute arising out of or relating to this Agreement. This Agreement, together with the Privacy Policy, constitutes the entire agreement between the parties, and supersedes all prior and contemporaneous agreements, proposals or representations, written or oral, concerning its subject matter. No modification, amendment, or waiver of any provision of this Agreement shall be effective unless in writing and either signed or accepted electronically by the party against whom the modification, amendment or waiver is to be asserted.