Please visit the Western Australian Industrial Relations Commission website for the most recent list of awards and agreements in force for the public sector in Western Australia. (a) “Agreement”, these SaaS Terms and the Sales Order Form (b) “Sales Order Form” means a form provided by the Partner and/or HSONN, on which The Customer places and orders the Software Solution from HSONN and defines the duration of the subscription license and billing plan. Orders are mandatory until they are accepted by HSONN. (c) “customer” means the legal entity that has entered into this Agreement for the use of the Software Solution for its own use. (d) “Customer Data” means data, including any text, sound, video or image files and software provided by HSONN and/or Microsoft by Customer or on our behalf when using the Software Solution. e) “HSONN”, HSO Innovation AG, a company established in Switzerland, and its subsidiaries. (f) `instance` means an image of the software solution created by running the software solution configuration or installation process or by duplicating such an instance. (g) “LCS” means the Lifecycle Services. LCS is a Microsoft application management portal that provides tools and services to manage the application lifecycle of your Microsoft Dynamics 365 for Finance and Operations implemented in the cloud and on-premises.
LCS functions, such as software delivery and patching, are used by HSONN to support local software deployments. (h) “partner”: a company that has entered into a partnership agreement with HSONN and has the right to sell the software solution to the customer. (i) “Software Solution” and “Software Solution and Service” means one or more software owned by HSONN and/or third-party software (which HSONN has obtained the right to make available to Customer) provided under this Agreement as a Service (SaaS). The specific software solution can be indicated in the sales order form or in a separate agreement between the customer and the partner and/or HSONN. (j) “subscription” and “subscription license” means the right to use the software solution as a fixed-term service for one or more units. (k) “Temporary” or “Evaluation” or “No to Resell” (Subscription) (other NFR) grants Customer a non-exclusive, non-transferable license for a limited period of time to use the Software Solution for merging, testing and/or evaluation purposes and to use the documentation associated with the use of the Software Solution. (l) “duration” means the duration of a subscription (for example. B 30 days or 12 months). (m) “units” means a metric for a given subscription license (e.g.B. licensed user computers, devices). § 8 Customer Data (a) The ability to access and retrieve customer data resulting from the use of the HSONN software solution is primarily organized by Microsoft in accordance with the Microsoft Online Terms of Service. This also applies to the conditions for the retention of customer data.
Microsoft is committed to implementing, maintaining, and enforcing appropriate technical and organizational measures to protect your customer data from accidental, unauthorized, or unlawful access, disclosure, modification, loss, or destruction. HSONN cannot be held responsible or liable in this regard. (b) use of customer data. Customer data is only used to provide the customer with the software solution and services, including purposes compatible with the provision of such services. HSONN will not use the customer`s data for similar advertising or commercial purposes, nor will it derive information from it. The customer retains all right, title and interest in the customer`s data. HSONN does not acquire any rights to customer data, except for the rights that HSONN needs to provide the software solution and services. (c) SaaS may mean that the customer makes personal data available to HSONN for processing purposes within or outside the European Economic Area (other EEA). . . .