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"Customer Content" is Content entered, uploaded or inputted into the Platform by or on behalf
<br /> of Customer;
<br /> (g) "Customer Data" means information, materials, or data, including Customer Content,
<br /> entered,uploaded or inputted into the Platform by or on behalf of Customer;
<br /> (h) "Enhancement" means enhancements, developments, modifications, updates, additions
<br /> and improvements made to the Platform,other than New Features and Functions;
<br /> (i) "Force Majeure" means circumstances beyond a party's reasonable control, including
<br /> without limitation, acts of God, acts of government, flood, fire, earthquakes, civil unrest, acts of
<br /> terror, strikes or other labour problems, or Internet service provider failures or delays, or hosting
<br /> service provider failures or delays;
<br /> (j) "Intellectual Property Rights" means any and all (i) proprietary rights provided under
<br /> patent law, copyright law,trade-mark law, design patent or industrial design law, semi-conductor
<br /> chip or mask work law, or any other applicable statutory provision or otherwise arising at law or
<br /> in equity, including, without limitation, trade secret law, that may provide a right in works,
<br /> software, source code, object code, marks, ideas, formulae, algorithms, concepts, methodologies,
<br /> techniques, inventions, or know-how, or the expression or use thereof, (ii) applications,
<br /> registrations, licenses, sublicenses, agreements, or any other evidence of a right in any of the
<br /> foregoing, and (iii) past, present, and future causes of action, rights of recovery, and claims for
<br /> damage, accounting for profits,royalties, or other relief relating, referring, or pertaining to any of
<br /> the foregoing;
<br /> (k) "New Features and Functions" means any update, revision, new version, new module or
<br /> upgrade of the Platform made available by PerfectMlND from time to time (i) that adds new
<br /> functions or features to the Platform and (ii) and for which PerfectMlND charges a fee to its
<br /> customers in order to obtain same;
<br /> (1) "PerfectMlND Privacy Policy" means PerfectMlND's privacy policy made available at
<br /> http://www.perfectmind.com/academy/privacy as amended from time to time;
<br /> (m) "PerfectMlND Technology" means (i) any concepts, inventions, systems, processes,
<br /> techniques, methodologies, know-how, data, tools, templates, technology (including software in
<br /> executable code and source code), documentation or any other information, data or materials,
<br /> and any expressions of the foregoing, developed by, owned by, or licensed to, PerfectMlND; and
<br /> (ii)the Work Product;
<br /> (n) "Permitted Purpose" means managing and operating Customer's facilities located in the
<br /> City of Pleasanton, California, including customer relationship management, facility bookings,
<br /> membership sales, point of sale transaction processing and scheduling;
<br /> (o) "Platform" means the software and supporting hardware platform known as
<br /> "PerfectMlND"that is owned and operated by PerfectMlND, and that will be made available to
<br /> Customer as a service under this Agreement via a designated website or websites as may be
<br /> designated by PerfectMlND, from time to time, together with the related documentation, Content
<br /> (other than Customer Content and Customer Data) and end user materials delivered therewith;
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