Updated February 1, 2017
“Affiliate” means an entity that controls, is controlled by, or is under common control with a party. For this definition, “control” means direct or indirect ownership of more than 50% of the voting interests of the subject entity.
“Applicable Laws” means all applicable local, state, federal and international laws and regulations. “Authorized User” means any employee, contractor, representative, or other person acting on Customer’s behalf who is authorized by Customer to use the Survey Services (including those taking the Survey) and who has been supplied with access to the Survey Services by either Customer or DORA, at Customer’s written request.
“Customer Data” means any information uploaded to DORA’s systems by Customer or Authorized Users including Survey responses, the resulting Customer unique output that is generated by the DORA Survey Services when processing the uploaded information, and any information provided by Customer in connection with its use of the Survey Services.
“Distributor” means an entity that DORA has authorized as a distributor or reseller of DORA’s Offerings.
“Documentation” means DORA’s user guides, training manuals and other similar information, as updated or revised by DORA from time to time, that DORA provides to Customer at the following location: https://devops-survey.com/kb.php?page=documentation.
“DORA” means DevOps Research & Assessment, LLC, the owner and licensor of the DORA Technology. “DORA Technology” means the technology and Intellectual Property used in providing the products and services offered by DORA, including the Survey, the Survey questionnaire, computer software programs, websites, networks, and equipment. DORA Technology does not include Third Party Applications.
“Intellectual Property” means all trade secrets, patents and patent applications, trademarks (whether registered or unregistered and including any goodwill acquired in such trademarks), service marks, trade names, copyrights, moral rights, rights in Inventions, and all other intellectual property and proprietary rights (whether registered or unregistered, any application for the foregoing, and all rights to enforce the foregoing), and all other equivalent rights that may exist anywhere in the world.
“Invention” means any work of authorship, invention, know-how, device, design, algorithm, method, process, improvement, concept, idea, expression, discovery or invention, whether or not copyrightable or patentable and whether or not reduced to practice.
“Reports” mean the output of the Survey Services.
“Survey” means DORA’s assessment survey via a web-based survey tool, which measures DevOps capabilities.
“Survey Services” means Customer’s license of the Survey of one or more Customer teams within a single business unit.
“Third Party Applications” means computer software programs and other technology that are provided or made available to Customer by third parties.
With copies to: firstname.lastname@example.org and email@example.com
If any notice concerns notice of breach or warranty non-conformance, notice concerning termination, expiration or renewal of the Term, or notice regarding any indemnification rights or obligations, then in addition to delivery by email, such notices must also be delivered personally or sent by registered mail, or by overnight delivery service (e.g., FedEx or UPS), addressed as follows:
DevOps Research & Assessment, LLC
25 NW 23rd Place, Suite 6314
Portland, Oregon 97201
Attn: Todd Sattersten
With a copy to:
Kelly Cancialosi, Esq.
Cancialosi Corporate Law Group PLC
PO Box 10463
Bainbridge Island, WA 98110
Either party may by written notice modify or change the address to which future notices and communications to such party shall be directed. Notices sent by mail or overnight delivery service shall be effective upon receipt, and notices given personally shall be effective when delivered.