If You are located in the European Union and You have purchased a SaaS Offering, then the Parties agree that any such SaaS Offering shall be provided under these EU Data Act Supplemental Terms, which are hereby incorporated into the End User License and Services Agreement between Ivanti and You (the "Agreement"). Ivanti may revise these EU Data Act Supplemental Terms from time to time by publishing such updates at https://www.ivanti.com/company/legal. In the event that Ivanti makes any revision that includes a material change to these Supplemental Terms for the SaaS Offering during your subscription term (“Change”), Ivanti shall give you notice of such Change. You shall have thirty (30) days to object to any such Change by written notice to Ivanti, otherwise you agree to accept the Change and incorporate any such Change into the Agreement. If you reject the Change on a reasonable basis, the Parties shall work together in good faith to come to a mutual resolution of the issues. Capitalized terms not defined herein shall have the meaning set forth in the Agreement.
“Term. The term of this Agreement will be the period specified in the Invoice(s), or if no period is specified, as otherwise agreed upon or until the Agreement is terminated (the “Initial Term”). At the end of the Initial Term, this Agreement and the Ivanti Products found in all applicable Invoices will automatically renew for additional terms of one (1) year or as otherwise agreed to by the Parties (each a “Renewal Term”). Either Party may terminate this Agreement or any Invoice at the end of the Initial Term or any Renewal Term (as measured from the Effective Date) on sixty (60) days’ prior notice to the other Party.”
“Exceptions. No limitations or exclusions under this Agreement will apply to liability arising out of: (i) Your obligations to pay fees pursuant to Section 8 (Payment); (ii) Your violation of Section 4 (Restrictions); (iii) Ivanti’s indemnification obligations under Section 10 (Indemnification), or (iv) Ivanti’s failure to comply with Ivanti’s obligations under the EU Data Act related to accessibility and portability of the SaaS Offering.”