Deltek Costpoint SaaS Terms

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Deltek Costpoint BI Advanced Business Intelligence Bundle*. BI is a third party service. Customer will configure the Services to ensure that users are restricted from using any functionality other than as permitted. The following definitions apply:

  1. Definitions.
    1. "BI" means Business Intelligence.
    2. "Restricted Use" means use of Services to report against data whose source is the Deltek Services or independent software vendor supported services sold by Deltek, regardless of where the data resides. Customer may not copy the software that is part of the Restricted Use Services. Customer may upload third-party files via the Product’s “Upload Files” capabilities.
    3. “Costpoint BI User” means an Authorized User with viewing and authoring dashboard capabilities and running, scheduling, and viewing reports.
    4. “Advanced Costpoint BI User” means an Authorized User with all the capabilities of the Costpoint BI User as well as authoring reports and creating data modules, viewing, and authoring dashboards capabilities and report authoring.
    5. “Costpoint BI Admin” means all the capabilities of the Advanced Costpoint BI User as well as access to create framework manager models, and administrative functions including security setup.

    *Additional User types that are excluded from the bundle but may be purchased separately are: Costpoint BI Developer and Costpoint Web Administrator.
    “Costpoint BI Developer” means all functions of the Advanced BI User as well as access to create framework manager models.
    “Costpoint BI Web Administrator” means administrative functions including security setup.

  2. Subscription Terms.
    1. User roles and usage restrictions for the products set forth below are provided in the following link and are incorporated by reference herein:
    2. References to “International Program License Agreement” shall mean this Agreement. References to “Program” shall mean “Services” or “Third Party Services” as applicable. Except for IBM Cognos Framework Manager, “Supporting Programs” are not provided by Deltek as part of the Deltek Costpoint BI Advanced Business Intelligence bundle. References to “Prohibited Components” are not provided by Deltek. The “Limited use right” sections set forth in the IBM terms above is superseded by Deltek’s Restricted Use definition. Any references to PVUs in the IBM terms are not applicable.
    3. Subscriptions to BI are on a Restricted Use basis. Customer will configure the Services to ensure that users are restricted from using any functionality other than as permitted.
  3. AI Feature Terms. Your version of Costpoint may include certain artificial intelligence ("AI") features such as data summarization, AI-powered chat or search, and contractual analysis capabilities. THESE AI FEATURES ARE PROVIDED STRICTLY ON AN “AS IS,” “AS AVAILABLE” BASIS, AND CUSTOMER’S USE OF SUCH FEATURES IS AT CUSTOMER’S SOLE RISK. These AI features include content generated by artificial intelligence and Deltek does not independently verify the accuracy of such content. Customer acknowledges that content from AI features may contain inaccuracies or errors and that Customer is responsible for independently reviewing and verifying its accuracy.

Costpoint GovCon Cloud Moderate. Customer will be responsible for complying with the requirements listed below. The following definitions apply to all Customers who have purchased Costpoint GovCon Cloud Moderate as an add-on:

"Administrator" means an appointed Employee of Customer with the ability to make service requests, add other administrative users, and rights to reset an administrative password with respect to the Services. At contract signing, Customer must assign one Administrator. Customer is responsible for verifying that any Administrator is a US Person as defined under 22 CFR § 120.15, and is located in the United States.

"Authorized User" means an individual who is authorized, in accordance with this Agreement, by Customer to implement, access, and use the Services, who may be (i) an Employee of Customer, (ii) an Employee of an Affiliate, or (iii) a third party contracted to implement, access, and use the Services on behalf of Customer. Customer is responsible for verifying that its Authorized Users are permitted to access the Services pursuant all applicable law, regulatory requirements, and obligations under this Agreement.

For the avoidance of doubt, Customer acknowledges and understands Customer and Customer’s Administrator are responsible for granting access to Authorized Users and ensuring that all access by Authorized Users is in compliance with the product and service documentation, including, but not limited to the Customer Responsibility Matrix, applicable law, regulatory requirements, and any other obligations under this Agreement.

Additional Deltek Services. The GovCon Cloud Moderate data handling and system requirements apply only to Customer data contained exclusively within the GovCon Cloud Moderate service. These GovCon Cloud Moderate data handling and system requirements do not apply to any other Deltek product or Customer data and Deltek has no obligation to meet GovCon Cloud Moderate data handling and system requirements for any Customer data moved by Customer or at Customer’s request from GovCon Cloud Moderate to any other Deltek Products.

Service Initiation Timing. Activation may take up to 90 days from the Effective Date of the applicable Order Form.

Access to Data.  Deltek uses global shared services that contain a mixture of U.S. Person (as defined in 22 C.F.R. § 120.16) and non-U.S. Person employees and sub-contractors in providing Deltek GCC Moderate.  For GCC Moderate Customers, only U.S. Persons will access any International Traffic in Arms Regulations export-controlled data in carrying out the specific task assigned to them.

Deltek Acknowledgment. Deltek acknowledges that Customer may be subject to additional obligations under DFARS 252.204-7012 and Deltek will support Customer in satisfying the requirements DFARS 252.204-7012 paragraphs (c) through (g) by retaining required information, ensuring protections are in place to detect and contain malicious software, and providing access and notifications to Customer as are directly related to Customer’s relationship with Deltek as set forth in these sections. For the avoidance of doubt, Deltek’s support will provide Customer with the information necessary, including relevant forensic evidence, as available, to report cyber incidents in accordance with DFARS 252.204-7012(c); however, Deltek will not directly notify the United States Department of Defense (DoD) and the DoD will not have access to Deltek’s information, systems, or equipment beyond the forensic evidence, images, and monitoring/packet capture data directly related to the reported cyber incident, absent a legally enforceable court order.

 

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