Orange County NC Website
<br />1 <br /> <br />REMIX TERMS AND CONDITIONS <br />These Terms and Conditions (“Terms”, together with an Order Form referencing these Terms, the “Agreement”), are entered <br />into between Remix, Inc., a Delaware corporation (“Remix”), and the customer identified on the Order Form (“Customer”), <br />and are effective as of the date that the Order Form is executed by both parties (the “Effective Date”). <br /> <br />1. DEFINITIONS. Capitalized terms will have the meanings set forth in this Section 1, or in the section in which they are <br />first used. <br />1.1 “Authorized User” means each of Customer’s employees, agents, and independent contractors who are <br />authorized to access the Remix Solution under this Agreement. <br />1.2 “Customer Content” means any content, data and information provided to Remix by or on behalf of <br />Customer or its Authorized Users for use with the Services, including, without limitation, any Mobility Provider Data. <br />Customer Content does not include Licensed Material or Resultant Data. <br />1.3 “Documentation” means the materials describing the use and operation of the Remix Solution that are <br />made available to Customer as written technical briefs or on https://help.remix.com/ or such other web page as Remix may <br />designate to Customer from time to time. <br />1.4 “Intellectual Property Rights” means any and all now known or hereafter existing (a) rights associated with <br />works of authorship, including copyrights, mask work rights, and moral rights; (b) trademark or service mark rights; (c) trade <br />secret rights; (d) patents, patent rights, and industrial property rights; (e) layout design rights, design rights, and other <br />proprietary rights of every kind and nature other than trademarks, service marks, trade dress, and similar rights; and (f) all <br />registrations, applications, renewals, extensions, or reissues of the foregoing, in each case in any jurisdiction throughout the <br />world. <br />1.5 “Licensed Material” means reports, results, materials and documentation made available to Customer as <br />part of the Services. Licensed Material does not include the Remix Solution or any component thereof. <br />1.6 “Mobility Provider” means an operator of a transportation or rideshare service or platform that provides <br />or facilitates transportation by train, bus, car, bicycle, scooter or any other mode of transportation and is required to provide <br />transportation related data and information to Customer (or its third party designees) by contract, permit or other applicable <br />ordinance, regulation or law. <br />1.7 “Mobility Provider Data” means any data or other information made available to Remix by a Mobility <br />Provider at the direction, or for the specific benefit, of the Customer, even if Remix’s receipt of such information is governed <br />by its own agreement with the Mobility Provider. <br />1.8 “Order Form” means an order form signed by both parties that references this Agreement. <br />1.9 “Professional Services” means professional services provided by Remix to Customer as described in any <br />Order Form (as may be further described in any statement of work). <br />1.10 “Remix Solution” means the Remix software-as-a-service application identified in any Order Form that <br />allows Authorized Users to access certain features and functions through a web interface. <br />1.11 “Resultant Data” means statistics, data, insights, observations, analyses, ideas and other information that <br />does not identify any natural person and is derived from the categorization, modeling or other processing of one (or more) <br />data set(s), including, without limitation, data sets that include Customer Content and data of Remix’s other customers. <br />1.12 “Services” means any services provided by Remix to Customer under this Agreement as described in an <br />Order Form, including, but not limited to, provision of the Remix Solution and Professional Services. <br />DocuSign Envelope ID: 7D193E84-19B0-44EA-869F-A0805D3FC7A8