These terms apply to Carbonite’s technical support services (“ Technical Support Services”). These terms apply to Carbonite’s performance of professional services or managed services other than Cloud Disaster Recovery Services. (f) Professional services and other managed services. These terms apply to Carbonite’s Cloud Disaster Recovery Services, a specific subset of Carbonite's disaster-recovery-as-a-service offerings. These terms apply to the sale of hardware by Carbonite to Customer (“ Hardware”). These terms apply to Carbonite’s Products and Services that combine Cloud Services and On-Premise Software Products (together, the “ Hybrid Solutions”). These terms apply to Carbonite’s cloud services (the “ Cloud Services”). These terms apply to Carbonite’s software that is installed and operated on-site at locations that Customer controls (“ Software”). In the event of a conflict between two provisions that appear in different documents, the order of precedence will be the Requirements, the Restrictions, an active Order Form entered into by the parties, the Product and Service Specific Terms listed below (appended to these General Enterprise Terms) as applicable to Order Forms entered into between the parties, the General Enterprise Terms and the provisions in any other parts of the Documentation. If Customer enters into this Agreement on behalf of a Third Party End-User, Customer agrees that it is jointly and severally liable for any breach of this Agreement resulting from Customer’s acts and omissions, or the acts and omissions of the Third Party End-User or any Authorized User (as defined below) of the Third Party End-User. If Customer is purchasing Products and Services on behalf of a third party (a “ Third Party End-User”), Customer represents and warrants that: (a) it is authorized to make the purchase and enter into the Agreement on behalf of the Third Party End-User asthat party’s agent and (b) the Third Party End-User is bound by this Agreement. ![]() Each party represents and warrants that they have the authority to enter into this binding Agreement and doing so does not conflict with any other agreements to which they are a party. ![]() on behalf of itself and its affiliates and subsidiaries worldwide (collectively, “ Carbonite”) and the customer identified in an Order Form (“ Customer”). This Agreement is a legal contract between Carbonite, Inc. If Customer has purchased Carbonite Safe or E2 products or services, those products and services are governed by the Carbonite Safe General Terms. These General Enterprise Terms apply solely to Products and Services for the enterprise. ![]() The Privacy Policy, Requirements, Restrictions, FAQs, website, and other user manuals and information designed to assist Customer in use and operation of the Products and Services (collectively, the “Documentation”), these General Enterprise Terms and the Product and Service Specific Terms (see Section 2) are collectively referred to as the “Agreement”. Customer also agrees that certain Products and Services are subject to additional terms, including applicable Product and Service Specific Terms (see Section 2), and “Requirements” and “Restrictions” which mean, respectively, (a) technical requirements and specifications and (b) limitations on Customer’s use of the applicable Products and Services, as such Requirements and Restrictions are set forth in the FAQs or otherwise made known to Customer via the Order Form (as defined below), the website, or Documentation. By registering a Customer Account (as defined below) or using any of the Products and Services, Customer agrees to these General Enterprise Terms, including terms that limit Carbonite’s liability (see Section 14), require individual arbitration for any potential legal dispute (see Section 17) and authorize contracting through electronic systems (see Section 19). The term of these General Enterprise Terms shall be the duration of Customer’s use of the Products and Services. These General Enterprise Terms of Service (the “General Enterprise Terms”) govern Customer’s use of Carbonite products and services for the enterprise (collectively, the “Products and Services”).
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