You may not access the Services if You are Our direct competitor, except with Our prior written consent. In addition, You may not access the Services for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes.
"The Service Specification" means the specification for the Platform and The Service set out in [Part 2 of Schedule 1 (The Service particulars) and in the Documentation];
"Intellectual Property Rights" means all intellectual property rights wherever in the world, whether registrable or unregistrable, registered or unregistered, including any application or right of application for such rights (and these "intellectual property rights" include copyright and related rights, database rights, confidential information, trade secrets, know-how, business names, trade names, trademarks, service marks, passing off rights, unfair competition rights, patents, petty patents, utility models, semi-conductor topography rights and rights in designs);
"Maintenance Services" means the general maintenance of the Platform and The Service, and the application of Updates and Upgrades;
"Mobile App" means the mobile application known as Hexnode MDM that is made available by Mitsogo through the Google Play Store and the Apple App Store;
"Permitted Purpose" means the monitoring and management of mobile devices enrolled with your Hexnode MDM instance or otherwise accessing a service explicitly provided by Mitsogo for your use.
"Personal Data" has the meaning given to it in the Data Protection Act 1998;
"Platform" means the platform managed by Mitsogo and used by Mitsogo to provide the Service [, including [the application and database software for the Service, the system and server software used to provide the Service, and the computer hardware on which that application, database, system and server software is installed]];
"Schedule" means any schedule attached to main body of this Agreement;
"Services" means any services that Mitsogo provides to the Customer, or has an obligation to provide to the Customer, under this Agreement;
"Support Services" means support in relation to [the use of, and the identification and resolution of errors in, the Service, but shall not include the provision of training services];
"Term" means the term of this Agreement, commencing in accordance with Clause 3.1 and ending in accordance with Clause 3.2;
"Update" means [a hotfix, patch or minor version update to any Platform software]; and
"Upgrade" means [a major version upgrade of any Platform software].