1.9 “Services”: software products and services, including all application programming interfaces that access the functions made available to you by N-able. 4.1 Intellectual Property of N-able. Services, software and documentation are licensed, not sold. The use of the “purchase” in combination with the licenses of the services, software and documentation does not imply a transfer of ownership. Except for the limited rights expressly granted by N-able, you acknowledge and agree that all right, title and interest in and to all copyrights, trademarks, patents, trade secrets, intellectual property (including, but not limited to, algorithms, business processes, improvements, improvements, modifications, derivative works, information collected and analyzed in connection with the Services) and other property rights arising out of or in connection with the Services the software, the provision of services or software and the documentation belong exclusively to N-able, its suppliers or licensors. All right, title and interest in and to the content accessible through the services or software are the property of their owner and may be protected by applicable legislation and contracts for the protection of intellectual property. This agreement does not give you any rights to such content, including its use. N-able obtains a free, fully paid-up, worldwide, exclusive, transferable, licensed, irrevocable and permanent license to use or integrate into its products and services information, data, proposals, improvement requests, recommendations or other comments provided by you or your users regarding the services or software. All rights not expressly granted under this Agreement are reserved to N-able.
If you are an MSP, you acknowledge, vote and warrant that: (i) you have sufficient technical infrastructure, knowledge and expertise to fulfill your missions for your clients; (ii) you will provide all sales, problem solving and support services to your customers; (iii) you are responsible for billing, billing and collection from your customers; and (iv) You will work as an MSP at your own expense and peril under your own name. 15.2 Global Agreement. This Agreement constitutes the entire agreement between the Parties with respect to the services, software and documentation provided in this area and supersedes all prior or simultaneous written or oral communications, agreements and understandings regarding the subject matter of the Contract. If other Terms N conflict with this Agreement, this Agreement shall take precedence and be controlled with respect to the services, software and documentation provided below. In addition, any additional or conflicting terms provided by you, whether in an order, other license or otherwise, are invalid and have no effect. 2.1 Service License. After payment of taxes and subject to continued compliance with this Agreement, N-able grants you a limited, non-exclusive, non-transferable license to access, use and install (if any) the Services, Software and Documentation for the lifetime (defined below). N-able may provide the services or software to you with the assistance of its affiliates, licensors and service providers….