1. Definitions. As used in this Agreement:
(a) “This Agreement” means (i) these FrameCyber Subscription Terms, together with (ii) the FrameCyber Terms of Use, (iii) DFS’s FrameCyber Referral Terms, and (iv) if agreed to by Website click-through or otherwise in writing or by Customer, DFS’s FrameCyber Service Provider Terms.
(b) “Account Administrator” means a person who acts as the administrator of a Customer’s account with FrameCyber, and who permissions Users and assigns access privileges to a Customer’s FrameCyber account to Users.
(c) “Annual Term” means a term of 12 months commencing on the Effective Date and each anniversary thereof unless Customer’s subscription is terminated as permitted below.
(d) “Customer” means the person or entity named by a User at the time that the User subscribes for FrameCyber as the FrameCyber account holder and on whose behalf the User accesses FrameCyber.
(e) “Customer Materials” means any data or information provided by or for Customer to DFS or to the FrameCyber Service regarding Customer or any other entity that is within its Enterprise or its assets, transactions or business.
(f) “DFS” means Decision Framework Systems Inc., a Delaware corporation with offices at the address set forth in the Website.
(g)“Documentation” means the FrameCyber and FrameCyber Service user instructions on the Website, as the same may be updated by DFS from time to time.
(h) “Effective Date” means the day immediately after the last day of the Trial Period (see Section 8 below) of your subscription to FrameCyber.
(i) “Enterprise” means a company (including corporations, LLPs, GPs, LLCs, etc.), organization, non-profit, or governmental unit, including its commonly managed or administered affiliates and subsidiaries.
(j) “FrameCyber Service” means (i) the capabilities provided by FrameCyber, (ii) internet access for FrameCyber, and (iii) Standard Support Services therefore.
(k) “FrameCyber” means DFS’s FrameCyber information and system security assessment software, data and database and related software, data and documentation which are available at the Website or provided to a Customer, including any and all (i) computer software, databases, data, content, rules implementation, code library, API, macro, script provided DFS, (ii) output thereof not constituting Customer Materials, (iii) Documentation, (iv) Updates or Upgrades to any of the foregoing which are provided or access or use of which are provided to a Customer hereunder or under a Customer’s subscription of FrameCyber, (v) Customization which is provided or access or use of which are provided to a Customer hereunder or under a Customer’s subscription of FrameCyber, and/or (vi) portions of any of the foregoing.
(l) “Study” means an assessment or a custom risk analysis report template, or an archived issue, metric, control or risk document that is created, modified or stored in FrameCyber.
(m) “Unit” means the subscribed for right and capacity in or through FrameCyber for one user
(n) “User” means an individual who is a registered FrameCyber on behalf of Customer, and authorized by Customer’s Account Administrator to access, edit, download, add and delete Studies and Customer Materials in the Customer’s FrameCyber Account.
(o) “We” and “us” mean DFS and “our” means the possessive thereof.
(p) “You” means the User who has purchase a Unit and, if different, the Customer for which/whom the User is acting.
(q) “Website” means our internet site at http://www.framecyber.com, and the other internet sites of DFS and its Affiliates and resellers.
(r) The terms defined in the FrameCyber Terms of Use and not otherwise defined herein have the respective meanings ascribed to them therein.