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ServiceChannel Supplement
to the Accruent End User License Agreement

By signing an Order Document with Accruent LLC (“Accruent”) covering any ServiceChannel.com, Inc. (“ServiceChannel”) products or services described therein (“ServiceChannel Products”), the client named in such Order Document (“Client”) agrees that the Order Document is governed by the terms and conditions of its existing End User License Agreement or other similar binding agreement with Accruent (“MSA”), as supplemented by this supplemental agreement (“Supplement”). Terms included but not defined herein have their respective meanings as set forth in the MSA.  The parties agree as follows:

  1. ServiceChannel Products & Rights.  ServiceChannel Products shall be considered Services under the MSA and, if they are cloud based, shall also be considered SaaS Services.  All ownership, title and proprietary rights in and to ServiceChannel Products shall reside with ServiceChannel, and, as between Client and ServiceChannel, shall be considered Accruent Intellectual Property under the MSA.
  2. Support & Availability.  Support for ServiceChannel Products, and availability for cloud based ServiceChannel Products, is as set forth in the Service Level Agreement available here: https://servicechannel.com/servicechannel-contracts/
  3. Service Contractors.   ServiceChannel does not assess the adequacy of the services rendered by third parties who provide materials to Client and/or maintain and repair facilities, equipment, and property of Client at Client locations, or otherwise provide services to Client. Client acknowledges that ServiceChannel may charge a fee to any such third-party for their use of ServiceChannel Products.  Client will indemnify ServiceChannel for any claim arising out of Client’s agreement with its third party service providers, including any claim that ServiceChannel is liable to any such third party for the payment obligations of Client to its respective third party service providers.
  4. Contracted Units/Overages. In the event a ServiceChannel Product is charged on a per unit basis, Client will be charged fees based on the greater of the minimum contracted units for ServiceChannel Products as set forth on an Order Document and the actual units (such as active locations) as calculated on the last day of the prior month, for the current month’s service period.  Contracted units cannot be decreased during the relevant subscription term unless mutually agreed upon by the parties in writing.  With respect to fees based on the number of Client locations, the fees will continue to accrue for all active locations in excess of the contracted number for so long as they remain so designated and will be adjusted on a monthly basis to reflect any increase or decrease therein.  Client is solely responsible for updating active Client locations, including but not limited to changing the status of the site location to inactive, and removing Client Data from the formerly active locations.
  5. Protection of Client Data. To the extent applicable, ServiceChannel’s Data Processing Agreement available at https://servicechannel.com/data-protection-agreement/ is incorporated.
  6. Renewal Term.  Notwithstanding anything to the contrary in the MSA, unless otherwise expressly stated in the applicable Order Document, the Order Term will only renew upon mutual written agreement of the parties.
  7. Miscellaneous. In the event of any conflict between the terms of the MSA and the terms of this Supplement, the terms of this Supplement will take priority with respect to the ServiceChannel Products.