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For avoidance of doubt, none of the Services or any other product, service, feature or functionality that is expressly stated to be governed by any alternative license, agreement or terms shall be deemed an Associated Service.

“We,” “Us” or “Our”: means Zendesk as defined below.

Zendesk: means Zendesk, Inc., a Delaware corporation, or any of its successors or assignees.

Zendesk Group: means Zendesk, Inc., a Delaware Corporation together with all its Affiliates. GENERAL CONDITIONS; ACCESS TO AND USE OF THE SERVICES 2.1 During the Subscription Term and subject to compliance by You, Agents and End-Users with this Agreement, You have the limited right to access and use a Service consistent with the Service Plan(s) that You subscribe to, together with all applicable Deployed Associated Services, for Your internal business purposes.

Software: means software provided by Zendesk (either by download or access through the Internet) that allows Agents or End-Users to use any functionality in connection with the applicable Service.

Subscription Term: means the period during which You have agreed to subscribe to a Service with respect to any individual Agent.

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You are responsible for procuring and maintaining the network connections that connect Your network to the Services, including, but not limited to, “browser” software that supports protocols used by Zendesk, including the Transport Layer Security (TLS) protocol or other protocols accepted by Zendesk, and to follow procedures for accessing services that support such protocols.

Notwithstanding the foregoing, Confidential Information shall not include information that (a) was already known to the receiving Party at the time of disclosure by the disclosing Party; (b) was or is obtained by the receiving Party by a third party not known by the receiving Party to be under an obligation of confidentiality with respect to such information; (c) is or becomes generally available to the public other than by violation of this Agreement or another valid agreement between the Parties; or (d) was or is independently developed by the receiving Party without use of the disclosing Party’s Confidential Information.