Definition

You, Subscriber, and Your refers to your organization and anyone in your organization that uses our software or services, including the person signing this Agreement. En-trak, the Company, and Our refer to En-trak and its assigns.

Licensed Software means the web-based software program and any modified, updated or enhanced versions of such programs that En-trak in its sole discretion may provide to you pursuant to this Agreement or under a separate support agreement.

Service and Services refers to any and all of En-trak’s automated information collection services licensed to you that operate continuously over the internet to access environmental and performance data, including but not limited to energy, water, paper, lighting and/or gas from your facilities. You understand that this information is stored over time on our owned and/or managed server(s), and data is accessed over the internet to websites or public kiosk displays.

Metered Points mean individual data points read from Subscriber’s devices such as but not limited to building automation systems, programmable logic computers, and utility meters, including manually entered or uploaded data.

Activation Date means the date on which the Services for the Subscriber are activated. The Activation Date is the date when En-trak completes connection with Subscriber’s building automation system, programmable logic computer, utility meter, etc. and verifies that the resulting data are accurate and when the activation email notice is sent to you.

Effective Date refers to the executed dates in the En-trak Order Form and will continue in effect until terminated by either party.

Documentation means the description of software features and capabilities as described on En-trak’s website, www.en-trak.com, as of the effective date.

Intellectual Property Rights mean all international copyrights, trademarks, service marks, trade secrets, patents, patent applications, and all other proprietary rights and equivalent rights throughout the world.

Service Period means the license term purchased by Subscriber as referenced in a valid price quotation from En-trak.

Subscriber’s Materials (or simply Materials) mean the images, artwork, architectural renderings, or other electronic material of a visual nature provided by you to En-trak for display in connection with the Licensed Software.