Services Agreement Cloud

9.1. You must pay if the costs listed in the order are due. You must pay additional fees from services you add via the Cloud platform, automatic ladder systems or software-defined capacity control mechanisms that increase your consumption or service prices. ClearDATA can pass on all rate increases for your cloud environment to you from the infrastructure service provider. ClearDATA can increase the cost of personalized services or services in general for an extension period by informing you in writing of the rate increase at least 90 days before the start of the extension period. You cannot charge credits or other credits due by ClearDATA with the amounts charged under this contract. Unless otherwise agreed, the fees are indicated and must be paid in U.S. dollars. 1.1. Definitions.

The following coarse words used in this agreement have the following meanings, or otherwise, set out in this agreement: “Addenda” means two or more endorsements. “Addendum”: Cloud Services Addendum and Data Processing Addendum (if any). “Affiliates,” any entity, any other entity controlled directly or indirectly, controlled by such an entity or under joint control with that entity. To avoid misunderstanding, “Affiliates” means for AVEVA any direct or indirect subsidiary of AVEVA Group plc. “Agreement” has the meaning defined in the preamble. “AVEVA” has the meaning defined in the preamble. “AVEVA Indemnitees” has the meaning defined in section 9.3 (Customer Compensation). “Confidential information” has the meaning defined in section 5.1 (Confidential Information). “Control” means, in the case of any business, direct or indirect possession of the power to direct or directly or indirectly criticize the management and policy of that company, whether through the ownership of securities (or other holdings) entitled to the right to vote, contractually or in some other way. “Customer” has the meaning defined in the preamble. “Customer content” refers to all software, data (including personal data), information, texts, images, audio, video, photos, non-AVEVA or third-party applications, as well as any other content and material in any format provided by the customer, a customer user or on behalf of the customer that is stored in the products or circulates on or through the products. The “disclosure party” has the meaning defined in section 5.1 (Confidential Information).

“Documentation” has the meaning that is defined in the corresponding addendums or calendars, depending on the case and the context. “Effective Date” refers to the date the customer accepts this agreement by clicking on the “Accept” button or the “Accept” box. “Export control laws” have such meaning as defined in Section 14.10 (Export Restrictions).