“Affiliate,” with respect to a party, means a corporation, partnership or other entity controlling, controlled by or under common control with such party, but only so long as such control continues to exist. For purposes of this definition, “control” means ownership, directly or indirectly, of greater than fifty percent (50%) of the voting rights in such entity (or, in the case of a noncorporate entity, equivalent rights).
“Authorized Partner” has the meaning set forth in Section 21.
“Claim” has the meaning set forth in Section 13.
“Confidential Information” has the meaning set forth in Section 14.1.
“Content Subscription” means certain entitlement for Customer to receive a collection of updated contents applicable to the Purchased Software (such as models, rules and configurations, as further described in the relevant end user documentation for the Purchased Software) on a periodic basis for the duration of the subscription period. This can be purchased as an add-on service to the term license or perpetual license to the applicable Purchased Software as identified in the Order.
“Content Subscription Fees” has the meaning set forth in Section 6.
“Customer Extensions” has the meaning set forth in Section 2.7.
“Delivery” means the date of Splunk’s initial delivery of the license key for the applicable Software or otherwise making the applicable Software available for download by Customer.
“Disabled Materials” means certain materials (including programs, modules or components, functionality, features, documentation, content or other materials) that may be contained in or provided with the Software as part of the delivery mechanism used by Splunk, but that are disabled or hidden in Customer’s setting, because Customer either: (a) does not have the relevant license or license key, or (b) has not paid the applicable Fees, for those materials.
“Enhancements” means any updates, upgrades, releases, fixes, enhancements or modifications to the Purchased Software made generally commercially available by Splunk to its support customers under the terms and conditions set forth in Exhibit C.
“Evaluation Software” means Software that is specified in an Order as provided under an evaluation license or a free trial license.
“Excluded Matters” has the meaning set forth in Section 13.
“Extension” means any separately downloadable suite, configuration file, add-on, technical add-on, example module, command, function or application that extends the features or functionality of the applicable Software.
“Feedback” means all suggestions for improvement or enhancement, recommendations, comments, opinions, code, input, ideas, reports, information, know-how or other feedback provided by Customer (whether in oral, electronic or written form) to Splunk in connection with Splunk’s Software. Feedback does not include any data, results or output created or generated by Customer using the Software, unless specifically submitted or communicated by Customer to Splunk as part of the Feedback.
“Free Software” means Software that is specified in an Order as provided to Customer without charge (other than Evaluation Software).
“Government” means an agency, department, or instrumentality of the United States government.
“Intellectual Property Rights” means all patent, copyright, trademark, and trade secret rights and other intellectual property and proprietary rights, whether registered or unregistered.
“Internal Business Purpose” means Customer’s use for its own internal business operations on Customer’s systems, networks and devices with Customer’s data. Such use does not include use by Customer on a service bureau basis or otherwise to provide services to, or process data for, any third party.
"Licensed Capacity" means the maximum usage of the Software (e.g., aggregate daily volume of data indexed, number of Nodes, number of users, etc.) that is permitted under the type of license included in the applicable Order. The available types of license and the associated Licensed Capacity for each are set forth in Exhibit B.
“License Fees” has the meaning set forth in Section 6.
“Open Source Software” means software or similar subject matter that is distributed under an open source license such as (by way of example only) the GNU General Public License, GNU Lesser General Public License, Apache License, Mozilla Public License, BSD License, MIT License, Common Public License, any derivative of any of the foregoing licenses, or any other license approved as an open source license by the Open Source Initiative.
“Order” means Splunk’s quote, statement of work, or ordering document accepted by Customer or Customer’s purchase order or other ordering document submitted to Splunk (directly or indirectly through an Authorized Partner) to order Splunk Materials or services, which references the products, services, pricing and other applicable terms set forth in an applicable Splunk quote or ordering document.
“Professional Services” has the meaning set forth in Section 8.
“Purchased Software” means Software that is licensed to Customer and for which Customer has paid a License Fee to Splunk, whether directly or through an Authorized Partner.
“Service Providers” has the meaning set forth in Section 4.
“Splunkbase” means Splunk’s online directory of or platform for Extensions, currently located at https://splunkbase.splunk.com/ and any and all successors, replacements, new versions, derivatives, updates and upgrades thereto.
“Splunk Developer Tool” means the standard application programming interface or configuration and related materials identified and provided by Splunk for and with the applicable Software to enable the creation of Extensions or otherwise support interoperability between the Software and Customer’s system or environment.
“Splunk Extensions” means Extensions made available through Splunkbase that are identified on Splunkbase as published by Splunk (and not by any third party).
“Splunk Materials” mean the Software, Software license keys, Splunk Developer Tools, Splunk Extensions and end user documentation relating to the foregoing.
“Software” means the Software products listed in an Order and any Enhancements thereto made available to Customer by Splunk.
“Support Fees” has the meaning set forth in Exhibit C.
“Support Services” has the meaning set forth in Section 7.
“Term” has the meaning set forth in Section 15.
“Test and Development Software” means Software that is specified in an Order as provided under a test and development license.
“Third-Party Content” has the meaning set forth in Section 20.