1. “Authorized User” means an individual employee or agent of yours who has been assigned unique credentials to access and use the Maestro Services.
2. Customer Data” means the video content, data and information provided by Customer and made available to Maestro in the course of Customer’s use of the Maestro Service. For clarity, Customer Data may include User Data and Customer’s Intellectual Property Rights. Customer Data does not include Platform Generated Data.
3. “Intellectual Property Rights” means any and all rights arising from or under any of the following, whether protected, created or arising under the laws of the United States of America or any other jurisdiction in the world: patents (including, but not limited to, any applications, extensions, divisions, continuations, continuations-in-part, reexaminations, reissues, and renewals related thereto), copyrights (including, but not limited to, any applications, registrations and renewals related thereto), trademarks and service marks (including, but not limited to, applications, registrations, and renewals related thereto), trade dress, trade names, trade secret and know-how and any other intellectual property or proprietary rights of any nature, by whatever name or term known or however designated.
4. “Maestro Platform” means the hosted, web-based technology platform developed by Maestro that permits its customers to upload, host, manage and edit content so that users may access and use such content, including all Updates, all Software incorporated therein, any written materials and other documentation that Maestro may make available, and all Intellectual Property Rights in the foregoing.
5. “Maestro Services” means access to and use of the Maestro Platform and the Platform Generated Data pursuant to Section 3 of this Agreement.
6. “Order Form” means Maestro’s order form, as submitted by Customer and accepted by Maestro, that specifies the licenses and services being purchased by Customer, and that references these Terms and Conditions or is otherwise made a part of the Agreement.
7. “Platform Generated Data” means any data which may be generated, recorded or automatically collated by the Maestro Platform in the course of providing the Service including, without limitation, aggregated or anonymized data that cannot be linked to individual end-users, data relating to the frequency and mode of use of the features and functionality of the Service by end-users, preference settings and personalization of the Service by end-users, the time spent on different elements of the Service, the geographical location of end-users, types of browsers and devices and other technical and statistical information derived from the operation of the Maestro Platform and its use by end-users. For the avoidance of doubt, Platform Generated Data excludes Customer Data and User Data.
8. “Software” means all software, technology, implementation tools, editing tools, documentation, text, typefaces, graphics, logos, button icons, images, audio clips, designs, illustrations, configurations, displays, screens, concepts, storyboard process, and other materials.
9. “Update” means any functional improvement, bug fix or other development that is incorporated into the Maestro Platform other than a Modification.
10. “User Data” means the data and information provided by Customer’s end users to either Customer or to Maestro in accordance with this Agreement, including, but not limited to, end user names, email or postal addresses, phone numbers and account information (excluding, for the avoidance of doubt, data generated or collected automatically by the Maestro Platform in the course of or in connection with end-users’ use of the Service).