Common use of RESTRICTIONS AND RESPONSIBILITIES Clause in Contracts

RESTRICTIONS AND RESPONSIBILITIES. 3.1 Customer may not remove or export from the United States or allow the export or re-export of the Services or anything related thereto, or any information or results thereof in violation of any restrictions, laws or regulations of the United States Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control, or any other United States or foreign agency or authority. As defined in FAR section 2.101, the Software and documentation are “commercial items” and according to DFAR section 252.2277014(a)(1) and (5) are deemed to be “commercial computer software” and “commercial computer software documentation.” Consistent with DFAR section 227.7202 and FAR section 12.212, any use modification, reproduction, release, performance, display, or disclosure of such commercial software or commercial software documentation by the U.S. Government will be governed solely by the terms of this Agreement and will be prohibited except to the extent expressly permitted by the terms of this Agreement. 3.2 Customer represents, covenants, and warrants that Customer will use the Services only in compliance with Company’s standard published policies then in effect and all applicable laws and regulations. Customer hereby agrees to indemnify, defend and hold harmless Company against any damages, losses, liabilities, settlements and expenses (including without limitation costs and attorneys’ fees) in connection with any claim or action that arises from an alleged violation of the foregoing, Customer Data (as defined below), breach of Customer’s representations and warranties, or otherwise from Customer’s use of Services. Although Company has no obligation to monitor Customer’s use of the Services, Company may do so and may prohibit any use of the Services it believes may be (or alleged to be) in violation of the foregoing. 3.3 Customer shall be responsible for obtaining and maintaining any equipment and ancillary services needed to connect to, access or otherwise use the Services, including, without limitation, modems, hardware, servers, software, operating systems, networking, web servers and the like (collectively, “Equipment”). Customer shall also be responsible for maintaining the security of the Equipment. 3.4 Company may register Authorized Users on the Service with unique usernames and passwords to enable Authorized Users to access the Services pursuant to this Agreement. Each username and password may only be used to access the Services during one (1) concurrent login session. Customer will ensure that each username and password issued to an Authorized User will be used only by that Authorized User. Customer is responsible for maintaining the confidentiality of all Authorized Users’ usernames and passwords, and is solely responsible for all activities that occur under these usernames. Customer agrees: (a) not to allow a third party to use Customer’s accounts, usernames or passwords at any time; and (b) to notify Company promptly of any actual or suspected unauthorized use of its account, usernames or passwords, or any other breach or suspected breach of this Agreement. Company reserves the right to terminate any accounts, usernames, or passwords that Company reasonably determines may have been used by an unauthorized third party. Authorized User accounts and their associated usernames and passwords cannot be shared or used by more than one individual Authorized User, but may be reassigned from time to time to a new Authorized User who is replacing a former Authorized User who has terminated employment or otherwise changed job status or function and no longer uses the Services. Company is solely responsible for all access to and use of the Services by its Authorized Users and all access to and use of the Services through any Authorized User’s account.

RESTRICTIONS AND RESPONSIBILITIES. 3.1 A. Customer may not remove or export from the United States or allow the export or re-export of the Services Product or anything related thereto, or any information or results thereof in violation of any restrictions, laws or regulations of the United States Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control, or any other United States or foreign agency or authority. As defined in FAR section 2.101, the Software software and documentation are “commercial items” and according to DFAR section 252.2277014(a)(1) and (5) are deemed to be “commercial computer software” and “commercial computer software documentation.” Consistent with DFAR section 227.7202 and FAR section 12.212, any use modification, reproduction, release, performance, display, or disclosure of such commercial software or commercial software documentation by the U.S. Government will be governed solely by the terms of this Agreement and will be prohibited except to the extent expressly permitted by the terms of this Agreement. 3.2 Customer represents, covenants, and warrants that Customer will use the Services only in compliance with Company’s standard published policies then in effect and all applicable laws and regulations. Customer hereby agrees to indemnify, defend and hold harmless Company against any damages, losses, liabilities, settlements and expenses (including without limitation costs and attorneys’ fees) in connection with any claim or action that arises from an alleged violation of the foregoing, Customer Data (as defined below), breach of Customer’s representations and warranties, or otherwise from Customer’s use of Services. Although Company has no obligation to monitor Customer’s use of the Services, Company may do so and may prohibit any use of the Services it believes may be (or alleged to be) in violation of the foregoing. 3.3 B. Customer shall be responsible for obtaining and maintaining any equipment and ancillary services needed to connect to, access or otherwise use the ServicesProduct, including, without limitation, modems, hardware, servers, software, operating systems, networking, web servers and the like (collectively, “Equipment”). Customer shall also be responsible for maintaining the security of the Equipment. 3.4 Company C. TWG may register Authorized Users on the Service Product with unique usernames and passwords to enable Authorized Users to access the Services Product pursuant to this Agreement. Each username and password may only be used to access the Services Product during one (1) concurrent login sessionsession at a time. Customer will ensure that each username and password issued to an Authorized User will be used only by that Authorized User. Customer is responsible for maintaining the confidentiality of all Authorized Users’ usernames and passwords, and is solely responsible for all activities that occur under these usernamesCustomer’s account. Customer agrees: (a) not to allow a third party to use Customer’s accounts, usernames or passwords at any time; and (b) to notify Company TWG promptly of any actual or suspected unauthorized use of its account, usernames or passwords, or any other breach or suspected breach of this Agreement. Company TWG reserves the right to terminate any accounts, usernames, or passwords that Company TWG reasonably determines may have been used by an unauthorized third party. Authorized User accounts and their associated usernames and passwords cannot be shared or used by more than one individual Authorized User, but may be reassigned from time to time to a new Authorized User who is replacing a former Authorized User who has terminated employment or otherwise changed job status or function and no longer uses the ServicesProduct. Company TWG is solely responsible for all access to and use of the Services Product by its Authorized Users and all access to and use of the Services Product through any Authorized User’s account.

RESTRICTIONS AND RESPONSIBILITIES. 3.1 2.1 Customer will not, directly or indirectly: reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, object code or underlying structure, ideas, know-how or algorithms relevant to the Services or any software, documentation or data related to the Services (“Software”); modify, translate, or create derivative works based on the Services or any Software (except to the extent expressly permitted by Company or authorized within the Services); use the Services or any Software for timesharing or service bureau purposes or otherwise for the benefit of a third; or remove any proprietary notices or labels. With respect to any Software that is distributed or provided to Customer for use on Customer premises or devices, Company hereby grants Customer a non-exclusive, non-transferable, non-sublicensable license to use such Software during the Term only in connection with the Services. 2.2 Further, Customer may not remove or export from the United States or allow the export or re-export of the Services Services, Software or anything related thereto, or any information or results direct product thereof in violation of any applicable restrictions, laws or regulations of the United States Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control, or any other United States or foreign agency or authority. As defined in FAR section 2.101, the Software and documentation are “commercial items” and according to DFAR section 252.2277014(a)(1) and (5) are deemed to be “commercial computer software” and “commercial computer software documentation.” Consistent with DFAR section 227.7202 and FAR section 12.212, any use modification, reproduction, release, performance, display, or disclosure of such commercial software or commercial software documentation by the U.S. Government will be governed solely by the terms of this Agreement and will be prohibited except to the extent expressly permitted by the terms of this Agreementregulations. 3.2 2.3 Customer represents, covenants, and warrants that Customer will use the Services only in compliance with Company’s standard published policies then in effect (the “Policy”) and all applicable laws and regulations. Customer hereby agrees to indemnify, defend indemnify and hold harmless Company against any damages, losses, liabilities, settlements and expenses (including without limitation costs and attorneys’ fees) in connection with any claim or action that arises from an alleged violation of the foregoing, Customer Data (as defined below), breach of Customer’s representations and warranties, foregoing or otherwise from Customer’s use of Services. Although Company has no obligation to monitor Customer’s use of the Services, Company may do so and may prohibit any use of the Services it believes may be (or alleged to be) in violation of the foregoing. 3.3 2.4 Customer shall be responsible for obtaining and maintaining any equipment and ancillary services needed to connect to, access or otherwise use the Services, including, without limitation, modems, hardware, servers, software, operating systems, networking, web servers and the like (collectively, “Equipment”). Customer shall also be responsible for maintaining the security of the Equipment. 3.4 Company may register Authorized Users on the Service with unique usernames , Customer account, passwords (including but not limited to administrative and passwords to enable Authorized Users to access the Services pursuant to this Agreement. Each username user passwords) and password may only be used to access the Services during one (1) concurrent login session. Customer will ensure that each username and password issued to an Authorized User will be used only by that Authorized User. Customer is responsible for maintaining the confidentiality of all Authorized Users’ usernames and passwordsfiles, and is solely responsible for all activities that occur under these usernames. uses of Customer agrees: (a) not to allow a third party to use account or the Equipment with or without Customer’s accounts, usernames knowledge or passwords at any time; and (b) to notify Company promptly of any actual or suspected unauthorized use of its account, usernames or passwords, or any other breach or suspected breach of this Agreement. Company reserves the right to terminate any accounts, usernames, or passwords that Company reasonably determines may have been used by an unauthorized third party. Authorized User accounts and their associated usernames and passwords cannot be shared or used by more than one individual Authorized User, but may be reassigned from time to time to a new Authorized User who is replacing a former Authorized User who has terminated employment or otherwise changed job status or function and no longer uses the Services. Company is solely responsible for all access to and use of the Services by its Authorized Users and all access to and use of the Services through any Authorized User’s accountconsent.

RESTRICTIONS AND RESPONSIBILITIES. 3.1 2.1 Customer agrees to comply with all applicable laws, regulations and ordinances relating to its use of the Services, Software or anything related thereto. 2.2 Customer will not, directly or indirectly: reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, object code or underlying structure, ideas, know-how or algorithms relevant to the Services or any Software, Documentation or data related to the Services; modify, translate, or create derivative works based on the Services or any Software (except to the extent expressly permitted by Service Provider or authorized within the Services); use the Services or any Software for timesharing or service bureau purposes or otherwise for the benefit of a third-party; or remove any proprietary notices or labels. 2.3 Further, Customer may not remove or export from the United States or allow the export or re-export of the Services Services, Software or anything related thereto, or any information or results direct product thereof in violation of any restrictions, laws or regulations of the United States Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control, or any other United States or foreign agency or authority. As defined in FAR section 2.101, the Software and documentation Documentation are “commercial items” and according to DFAR section 252.2277014(a)(1) and (5) ), are deemed to be “commercial computer software” and “commercial computer software documentation.” Consistent with DFAR section 227.7202 and FAR section 12.212, any use modification, reproduction, release, performance, display, or disclosure of such commercial software or commercial software documentation by the U.S. Government will be governed solely by the terms of this the Agreement and will be prohibited except to the extent expressly permitted by the terms of this the Agreement. 3.2 Customer represents, covenants, and warrants that Customer will use the Services only in compliance with Company’s standard published policies then in effect and all applicable laws and regulations. Customer hereby agrees not to indemnifyprovide to Service Provider any technical data as that term is defined in the International Traffic in Arms Regulations (“ITAR”) at 22 CFR 120.10. 2.4 Customer will defend, defend indemnify and hold harmless Company Service Provider, and its respective Service Provider Affiliates, directors, officers, employees and agents, from and against any damagesand all claims, costs, losses, liabilitiesdamages, settlements judgments and expenses (including without limitation costs and reasonable attorneys’ ' fees) arising out of or in connection with any claim (i) Customer or action that arises from an alleged Authorized Users’ violation of the foregoing, Customer Data terms of the Agreement; and (as defined below), breach of ii) Customer’s representations and warrantiesor Authorized Users’ content or inputs into the Service (including, or otherwise from Customer’s use of Servicesbut not limited to Customer Data). Although Company Service Provider has no obligation to monitor Customer’s use of the Services, Company Service Provider may do so and may prohibit any use of the Services if it believes that such use may be (or alleged to be) in violation of the foregoingAgreement. 3.3 2.5 Customer shall be responsible for obtaining and maintaining any equipment and ancillary services needed to connect to, access or otherwise use the Services, including, without limitation, modemsinternet connections, hardware, servers, software, operating systems, networking, web browsers, web servers and the like (collectively, “Equipment”). Customer shall also be solely responsible for (i) using types and versions of Equipment that are compatible with the Services, maintaining the security of the Equipment. 3.4 Company may register Authorized Users on the Service with unique usernames Equipment and (ii) securing Customer account, passwords (including but not limited to enable Authorized Users to access the Services pursuant to this Agreement. Each username administrative and password may only be used to access the Services during one (1user passwords) concurrent login session. Customer will ensure that each username and password issued to an Authorized User will be used only by that Authorized User. Customer is responsible for maintaining the confidentiality of all Authorized Users’ usernames and passwordsfiles, and is solely responsible for (iii) all activities that occur under these usernames. uses of Customer agrees: (a) not to allow a third party to use account and Equipment with or without Customer’s accounts, usernames knowledge or passwords at any time; and (b) to notify Company promptly of any actual or suspected unauthorized use of its account, usernames or passwords, or any other breach or suspected breach of this Agreement. Company reserves the right to terminate any accounts, usernames, or passwords that Company reasonably determines may have been used by an unauthorized third party. Authorized User accounts and their associated usernames and passwords cannot be shared or used by more than one individual Authorized User, but may be reassigned from time to time to a new Authorized User who is replacing a former Authorized User who has terminated employment or otherwise changed job status or function and no longer uses the Services. Company is solely responsible for all access to and use of the Services by its Authorized Users and all access to and use of the Services through any Authorized User’s accountconsent.

RESTRICTIONS AND RESPONSIBILITIES. 3.1 2.1 Customer may not remove acknowledges that the technical design, underlying code and algorithms performed by the Cloud Services are the sole intellectual property of the Company. Furthermore, Customer agrees that nothing in this Agreement shall convey any ownership rights in any Company copyrights, trademarks, patents, and trade secrets, if any, to and arising out of the Cloud Services. 2.2 Customer will not, directly or export from indirectly: reverse engineer, decompile, disassemble or otherwise attempt to discover the United States source code, object code or allow underlying structure, ideas, know-how or algorithms relevant to the export Services, the Phenix or re-export of any software, documentation or data related to the Services (collectively, the “Software”); modify, translate, or create derivative works based on the Services or anything related thereto, or any information or results thereof in violation of any restrictions, laws or regulations of the United States Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control, or any other United States or foreign agency or authority. As defined in FAR section 2.101, the Software and documentation are “commercial items” and according to DFAR section 252.2277014(a)(1) and (5) are deemed to be “commercial computer software” and “commercial computer software documentation.” Consistent with DFAR section 227.7202 and FAR section 12.212, any use modification, reproduction, release, performance, display, or disclosure of such commercial software or commercial software documentation by the U.S. Government will be governed solely by the terms of this Agreement and will be prohibited except to the extent expressly permitted by Company or authorized within the terms Services); use the Services or any Software for timesharing or service bureau purposes or otherwise for the benefit of this Agreementa third party; or remove any proprietary notices or labels. 3.2 2.3 Customer represents, covenants, and warrants that Customer will use the Services and Software only in compliance with Company’s standard published policies then in effect (the “Policies”), the terms of this agreement, and all applicable laws and regulations. Customer hereby agrees to indemnify, defend indemnify and hold harmless Company against any damages, losses, liabilities, settlements and expenses (including without limitation costs and attorneyslawyers’ fees) in connection with any claim or action that arises from an alleged violation of the foregoing, Customer Data (as defined below), breach of Customer’s representations and warranties, or otherwise from Customer’s use of Services. Although Company has no obligation to monitor Customer’s use of the Software and Services, Company may do so and may prohibit any use of the Cloud Services and Support it believes may be (or alleged to be) in violation of the foregoing. 3.3 2.4 Customer shall be responsible for obtaining and maintaining any equipment and ancillary services needed to connect to, access or otherwise use the Cloud Services, including, without limitation, modems, hardware, servers, software, operating systems, networking, web servers and the like (collectively, “Equipment”). Customer shall also be responsible for maintaining the security of the Equipment. 3.4 Company may register Authorized Users on the Service with unique usernames , Customer account, passwords (including but not limited to administrative and passwords to enable Authorized Users to access the Services pursuant to this Agreement. Each username user passwords) and password may only be used to access the Services during one (1) concurrent login session. Customer will ensure that each username and password issued to an Authorized User will be used only by that Authorized User. Customer is responsible for maintaining the confidentiality of all Authorized Users’ usernames and passwordsfiles, and is solely responsible for all activities that occur under these usernames. uses of Customer agrees: (a) not to allow a third party to use account or the Equipment with or without Customer’s accounts, usernames knowledge or passwords at any time; and (b) to notify Company promptly of any actual or suspected unauthorized use of its account, usernames or passwords, or any other breach or suspected breach of this Agreement. Company reserves the right to terminate any accounts, usernames, or passwords that Company reasonably determines may have been used by an unauthorized third party. Authorized User accounts and their associated usernames and passwords cannot be shared or used by more than one individual Authorized User, but may be reassigned from time to time to a new Authorized User who is replacing a former Authorized User who has terminated employment or otherwise changed job status or function and no longer uses the Services. Company is solely responsible for all access to and use of the Services by its Authorized Users and all access to and use of the Services through any Authorized User’s accountconsent.

RESTRICTIONS AND RESPONSIBILITIES. 3.1 2.1 Customer will not, directly or indirectly: reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, object code or underlying structure, ideas, know-how or algorithms relevant to the Services or any software, documentation or data related to the Services (“Software”); modify, translate, or create derivative works based on the Services or any Software (except to the extent expressly permitted by Company or authorized within the Services); use the Services or any Software for timesharing or service bureau purposes or otherwise for the benefit of a third; or remove any proprietary notices or labels. 2.2 Further, Customer may not remove or export from the United States or allow the export or re-export of the Services Services, Software or anything related thereto, or any information or results direct product thereof in violation of any restrictions, laws or regulations of the United States Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control, or any other United States or foreign agency or authority. As defined in FAR section 2.101, the Software and documentation are “commercial items” and according to DFAR section 252.2277014(a)(1252.227-7014(a)(1) and (5) are deemed to be “commercial computer software” and “commercial computer software documentation.” Consistent with DFAR section 227.7202 and FAR section 12.212, any use modification, reproduction, release, performance, display, or disclosure of such commercial software or commercial software documentation by the U.S. Government will be governed solely by the terms of this Agreement and will be prohibited except to the extent expressly permitted by the terms of this Agreement. 3.2 2.3 Customer represents, covenants, and warrants that Customer will use the Services only in compliance with Company’s standard published policies then in effect (the “Policy”) and all applicable laws and regulations. [Customer hereby agrees to indemnify, defend indemnify and hold harmless Company against any damages, losses, liabilities, settlements and expenses (including without limitation costs and attorneys’ fees) in connection with any claim or action that arises from an alleged violation of the foregoing, Customer Data (as defined below), breach of Customer’s representations and warranties, foregoing or otherwise from Customer’s use of Services, including any damages, losses, liabilities, settlements and expenses arising from data breach or loss. Although Company has no obligation to monitor Customer’s use of the Services, Company may do so and may prohibit any use of the Services it believes may be (or alleged to be) in violation of the foregoing. 3.3 2.4 Customer shall be responsible for obtaining and maintaining any equipment and ancillary services needed to connect to, access or otherwise use the Services, including, without limitation, modems, hardware, servers, software, operating systems, networking, web servers and the like (collectively, “Equipment”). Customer shall also be responsible for maintaining the security of the Equipment. 3.4 Company may register Authorized Users on the Service with unique usernames , Customer account, passwords (including but not limited to administrative and passwords to enable Authorized Users to access the Services pursuant to this Agreement. Each username user passwords) and password may only be used to access the Services during one (1) concurrent login session. Customer will ensure that each username and password issued to an Authorized User will be used only by that Authorized User. Customer is responsible for maintaining the confidentiality of all Authorized Users’ usernames and passwordsfiles, and is solely responsible for all activities that occur under these usernames. uses of Customer agrees: (a) not to allow a third party to use account or the Equipment with or without Customer’s accounts, usernames knowledge or passwords at any time; and (b) to notify Company promptly of any actual or suspected unauthorized use of its account, usernames or passwords, or any other breach or suspected breach of this Agreement. Company reserves the right to terminate any accounts, usernames, or passwords that Company reasonably determines may have been used by an unauthorized third party. Authorized User accounts and their associated usernames and passwords cannot be shared or used by more than one individual Authorized User, but may be reassigned from time to time to a new Authorized User who is replacing a former Authorized User who has terminated employment or otherwise changed job status or function and no longer uses the Services. Company is solely responsible for all access to and use of the Services by its Authorized Users and all access to and use of the Services through any Authorized User’s accountconsent.

RESTRICTIONS AND RESPONSIBILITIES. 3.1 2.1 Customer will not, directly or indirectly: reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, object code or underlying structure, ideas, know-how or algorithms relevant to the Services or any software, documentation or data related to the Services (“Software”); modify, translate, or create derivative works based on the Services or any Software (except to the extent expressly permitted by Company or authorized within the Services); use the Services or any Software for time sharing or service bureau purposes or otherwise for the benefit of a third; or remove any proprietary notices or labels. 2.2 Further, Customer may not remove or export from the United States or allow the export or re-export of the Services Services, Software or anything related thereto, or any information or results direct product thereof in violation of any restrictions, laws or regulations of the United States Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control, or any other United States or foreign agency or authority. As defined in FAR section 2.101, the Software and documentation are “commercial items” and according to DFAR section 252.2277014(a)(1252.227‑7014(a)(1) and (5) are deemed to be “commercial computer software” and “commercial computer software documentation.” Consistent with DFAR section 227.7202 and FAR section 12.212, any use modification, reproduction, release, performance, display, or disclosure of such commercial software or commercial software documentation by the U.S. Government will be governed solely by the terms of this Agreement and will be prohibited except to the extent expressly permitted by the terms of this Agreement. 3.2 2.3 Customer represents, covenants, and warrants that Customer will use the Services only in compliance with Company’s standard published policies then in effect (the “Policy”) and all applicable laws and regulations. Customer hereby agrees to indemnify, defend indemnify and hold harmless Company against any damages, losses, liabilities, settlements and expenses (including without limitation costs and attorneys’ fees) in connection with any claim or action that arises from an alleged violation of the foregoing, Customer Data (as defined below), breach of Customer’s representations and warranties, foregoing or otherwise from Customer’s use of Services. Although Company has no obligation to monitor Customer’s use of the Services, Company may do so and may prohibit any use of the Services it believes may be (or alleged to be) in violation of the foregoing. 3.3 2.4 Customer shall be responsible for obtaining and maintaining any equipment and ancillary services needed to connect to, access or otherwise use the Services, including, without limitation, modems, hardware, servers, software, operating systems, networking, web servers and the like (collectively, “Equipment”). Customer shall also be responsible for maintaining the security of the Equipment. 3.4 Company may register Authorized Users on the Service with unique usernames , Customer account, passwords (including but not limited to administrative and passwords to enable Authorized Users to access the Services pursuant to this Agreement. Each username user passwords) and password may only be used to access the Services during one (1) concurrent login session. Customer will ensure that each username and password issued to an Authorized User will be used only by that Authorized User. Customer is responsible for maintaining the confidentiality of all Authorized Users’ usernames and passwordsfiles, and is solely responsible for all activities that occur under these usernames. uses of Customer agrees: (a) not to allow a third party to use account or the Equipment with or without Customer’s accounts, usernames knowledge or passwords at any time; and (b) to notify Company promptly of any actual or suspected unauthorized use of its account, usernames or passwords, or any other breach or suspected breach of this Agreement. Company reserves the right to terminate any accounts, usernames, or passwords that Company reasonably determines may have been used by an unauthorized third party. Authorized User accounts and their associated usernames and passwords cannot be shared or used by more than one individual Authorized User, but may be reassigned from time to time to a new Authorized User who is replacing a former Authorized User who has terminated employment or otherwise changed job status or function and no longer uses the Services. Company is solely responsible for all access to and use of the Services by its Authorized Users and all access to and use of the Services through any Authorized User’s accountconsent.

RESTRICTIONS AND RESPONSIBILITIES. 3.1 2.1 Customer may not remove will not, directly or export from indirectly: reverse engineer, decompile, disassemble or otherwise attempt to discover the United States source code, object code or allow the export underlying structure, ideas, know-how or re-export of algorithms relevant to the Services or anything any software, application, documentation or data related theretoto the Services (“Software”); modify, translate, or any information or results thereof in violation of any restrictions, laws or regulations of create derivative works based on the United States Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control, Services or any other United States or foreign agency or authority. As defined in FAR section 2.101, the Software and documentation are “commercial items” and according to DFAR section 252.2277014(a)(1) and (5) are deemed to be “commercial computer software” and “commercial computer software documentation.” Consistent with DFAR section 227.7202 and FAR section 12.212, any use modification, reproduction, release, performance, display, or disclosure of such commercial software or commercial software documentation by the U.S. Government will be governed solely by the terms of this Agreement and will be prohibited except to the extent expressly permitted by Company or authorized within the terms Services); use the Services or any Software for timesharing or service bureau purposes or otherwise for the benefit of this Agreementa third; or remove any proprietary notices or labels. 3.2 2.2 Customer shall only use the Service for the number of Stores that it has subscribed and paid for. Customer may authorize an unlimited number of users at any store for which the Service has been subscribed and paid for. Customer shall not permit other stores, even if owned by Customer, to access the Service or share login information or credentials, nor shall Customer permit one store to use the Service for or on behalf of any other store for any purpose. 2.3 Customer represents, covenants, and warrants that Customer will use the Services only in compliance with Company’s standard published policies then in effect (the “Policy”) and all applicable laws and regulations. Customer hereby agrees to indemnify, defend indemnify and hold harmless Company against any damages, losses, liabilities, settlements and expenses (including without limitation costs and attorneys’ fees) in connection with any claim or action that arises from an alleged any violation of the foregoing, Customer Data (as defined below), breach of Customer’s representations and warranties, foregoing or otherwise from Customer’s use of Services. Although Company has no obligation to monitor Customer’s use of the Services, Company may do so and may prohibit any use of the Services it believes may be (or alleged to be) in violation of the foregoing. 3.3 2.4 Customer shall be responsible for obtaining and maintaining any equipment and ancillary services needed to connect to, access or otherwise use the Services, including, without limitation, modems, hardware, servers, software, operating systems, networking, web servers servers, FTP Servers and the like (collectively, “Equipment”). Customer shall also be responsible for maintaining the security of the Equipment. 3.4 Company may register Authorized Users on , Customer account, passwords (including but not limited to administrative and user passwords) and files, and for all uses of Customer account or the Service Equipment with unique usernames and passwords to enable Authorized Users to access the Services pursuant to this Agreement. Each username and password may only be used to access the Services during one (1) concurrent login sessionor without Customer’s knowledge or consent. Customer will ensure that each username and password issued to an Authorized User will shall be used only by that Authorized User. Customer is responsible liable for maintaining the confidentiality any breach of all Authorized Users’ usernames and passwords, and is solely responsible for all activities that occur under these usernames. Customer agrees: (a) not to allow a third party to security arising from use of Customer’s accounts, usernames password or passwords at any time; and (b) to notify Company promptly of any actual or suspected unauthorized use of its account, usernames or passwords, or any other breach or suspected breach of this Agreement. Company reserves the right to terminate any accounts, usernames, or passwords that Company reasonably determines may have been used by an unauthorized third party. Authorized User accounts and their associated usernames and passwords cannot be shared or used by more than one individual Authorized User, but may be reassigned from time to time to a new Authorized User who is replacing a former Authorized User who has terminated employment or otherwise changed job status or function and no longer uses the Services. Company is solely responsible for all access to and use of the Services by its Authorized Users and all access to and use of the Services through any Authorized User’s accountlogin credentials.

RESTRICTIONS AND RESPONSIBILITIES. 3.1 2.1 Customer will not, directly or indirectly: reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, object code or underlying structure, ideas, know-how or algorithms relevant to the Services or any software, documentation or data related to the Services (“Software”); modify, translate, or create derivative works based on the Services or any Software (except to the extent expressly permitted by Xxx Xxxxxx Inc. or authorized within the Services); use the Services or any Software for timesharing or service bureau purposes or otherwise for the benefit of a third; or remove any proprietary notices or labels. 2.2 Further, Customer may not remove or export from the United States or allow the export or re-export of the Services Services, Software or anything related thereto, or any information or results direct product thereof in violation of any restrictions, laws or regulations of the United States Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control, or any other United States or foreign agency or authority. As defined in FAR section 2.101, the Software and documentation are “commercial items” and according to DFAR section 252.2277014(a)(1252.227-7014(a)(1) and (5) are deemed to be “commercial computer software” and “commercial computer software documentation.” Consistent with DFAR section 227.7202 and FAR section 12.212, any use modification, reproduction, release, performance, display, or disclosure of such commercial software or commercial software documentation by the U.S. Government will be governed solely by the terms of this Agreement and will be prohibited except to the extent expressly permitted by the terms of this Agreement. 3.2 2.3 Customer represents, covenants, and warrants that Customer will use the Services only in compliance with CompanyXxx Xxxxxx Inc.’s standard published policies then in effect (the “Policy”) and all applicable laws and regulations. Customer hereby agrees to indemnify, defend indemnify and hold harmless Company Xxx Xxxxxx Inc. against any damages, losses, liabilities, settlements and expenses (including without limitation costs and attorneys’ fees) in connection with any claim or action that arises from an alleged violation of the foregoing, Customer Data (as defined below), breach of Customer’s representations and warranties, foregoing or otherwise from Customer’s use of Services. Although Company Xxx Xxxxxx Inc. has no obligation to monitor Customer’s use of the Services, Company Xxx Xxxxxx Inc. may do so and may prohibit any use of the Services it believes may be (or alleged to be) in violation of the foregoing. 3.3 Customer shall be responsible for obtaining and . maintaining any equipment and ancillary services needed to connect to, access or otherwise use the Services, including, without limitation, modems, hardware, servers, software, operating systems, networking, web servers and the like (collectively, “Equipment”). Customer shall also be responsible for maintaining the security of the Equipment. 3.4 Company may register Authorized Users on the Service with unique usernames , Customer account, passwords (including but not limited to administrative and passwords to enable Authorized Users to access the Services pursuant to this Agreement. Each username user passwords) and password may only be used to access the Services during one (1) concurrent login session. Customer will ensure that each username and password issued to an Authorized User will be used only by that Authorized User. Customer is responsible for maintaining the confidentiality of all Authorized Users’ usernames and passwordsfiles, and is solely responsible for all activities that occur under these usernames. uses of Customer agrees: (a) not to allow a third party to use account or the Equipment with or without Customer’s accounts, usernames knowledge or passwords at any time; and (b) to notify Company promptly of any actual or suspected unauthorized use of its account, usernames or passwords, or any other breach or suspected breach of this Agreement. Company reserves the right to terminate any accounts, usernames, or passwords that Company reasonably determines may have been used by an unauthorized third party. Authorized User accounts and their associated usernames and passwords cannot be shared or used by more than one individual Authorized User, but may be reassigned from time to time to a new Authorized User who is replacing a former Authorized User who has terminated employment or otherwise changed job status or function and no longer uses the Services. Company is solely responsible for all access to and use of the Services by its Authorized Users and all access to and use of the Services through any Authorized User’s accountconsent.

RESTRICTIONS AND RESPONSIBILITIES. 3.1 Customer 2.1 Client will not, directly or indirectly: reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, object code or underlying structure, ideas, know-how or algorithms relevant to the Services or any software, documentation or data related to the Services (“Software”); modify, translate, or create derivative works based on the Services or any Software (except to the extent expressly permitted by Company or authorized within the Services); use the Services or any Software for timesharing or service bureau purposes or otherwise for the benefit of a third party; or remove any proprietary notices or labels. 2.2 Further, Client may not remove or export from the United States or allow the export or re-export of the Services Services, Software or anything related thereto, or any information or results direct product thereof in violation of any restrictions, laws or regulations of the United States Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control, or any other United States or foreign agency or authority. As defined in FAR section 2.101, the Software and documentation are “commercial items” and according to DFAR section 252.2277014(a)(1) and (5) are deemed to be “commercial computer software” and “commercial computer software documentation.” Consistent with DFAR section 227.7202 and FAR section 12.212, any use modification, reproduction, release, performance, display, or disclosure of such commercial software or commercial software documentation by the U.S. Government will be governed solely by the terms of this Agreement and will be prohibited except to the extent expressly permitted by the terms of this Agreement. 3.2 Customer 2.3 Client represents, covenants, and warrants that Customer Client will use the Services only in compliance with Company’s standard published policies then in effect (the “Policy”) and all applicable laws and regulations. Customer Client further represents, covenants and warrants that Client shall only provide Company the names, work-provided email addresses, and personal data of its employees and service providers in accordance with applicable law. Client hereby agrees to indemnify, defend indemnify and hold harmless Company against any damages, losses, liabilities, settlements and expenses (including without limitation costs and attorneys’ fees) in connection with any claim or action that arises from an alleged Client’s use of Services in violation of the foregoing, Customer Data (as defined below), breach of Customer’s representations Policy or applicable law and warranties, or otherwise from Customer’s use of Servicesregulations. Although Company has no obligation to monitor CustomerClient’s use of the Services, Company may do so and may prohibit any use of the Services it believes may be (or alleged to be) in violation of the foregoing. 3.3 Customer 2.4 Client shall be responsible for obtaining and maintaining any equipment and ancillary services needed to connect to, access or otherwise use the Services, including, without limitation, modems, hardware, servers, software, operating systems, networking, web servers and the like (collectively, “Equipment”). Customer Client shall also be responsible for maintaining the security of the Equipment, Client account, passwords (including but not limited to administrative and user passwords) and files, and for all uses of Client account or the Equipment with or without Client’s knowledge or consent. 3.4 2.5 If the Services being evaluated by Client include certain Company products or services that are not generally available to Company’s clients (“Beta Products”), such Beta Products are provided for evaluation purposes and not for production use, are not supported, may contain bugs or errors, and may be subject to additional terms. Company may register Authorized Users on the Service with unique usernames and passwords to enable Authorized Users to access the Services pursuant to this Agreement. Each username and password may only be used to access the Services during one (1) concurrent login session. Customer will ensure that each username and password issued to an Authorized User will be used only by that Authorized User. Customer is responsible for maintaining the confidentiality of all Authorized Users’ usernames and passwords, and is solely responsible for all activities that occur under these usernames. Customer agrees: (a) not to allow a third party to use Customer’s accounts, usernames or passwords discontinue Beta Products at any time; time in its sole discretion and (b) to notify Company promptly of any actual or suspected unauthorized use of its account, usernames or passwords, or any other breach or suspected breach of this Agreement. Company reserves the right to terminate any accounts, usernames, or passwords that Company reasonably determines may have been used by an unauthorized third party. Authorized User accounts and their associated usernames and passwords cannot be shared or used by more than one individual Authorized User, but may be reassigned from time to time to a new Authorized User who is replacing a former Authorized User who has terminated employment or otherwise changed job status or function and no longer uses the Services. Company is solely responsible for all access to and use of the Services by its Authorized Users and all access to and use of the Services through any Authorized User’s accountnever make them generally available.

RESTRICTIONS AND RESPONSIBILITIES. 3.1 2.1 Customer will not, directly or indirectly: reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, object code or underlying structure, ideas, know-how or algorithms relevant to the Services or any software, documentation or data related to the Services (“Software”); modify, translate, or create derivative works based on the Services or any Software (except to the extent expressly permitted by Company or authorized within the Services); use the Services or any Software for timesharing or service bureau purposes or otherwise for the benefit of a third; or remove any proprietary notices or labels. 2.2 Further, Customer may not remove or export from the United States or allow the export or re-export of the Services Services, Software or anything related thereto, or any information or results direct product thereof in violation of any restrictions, laws or regulations of the United States Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control, or any other United States or foreign agency or authority. As defined in FAR section 2.101, the Software and documentation are “commercial items” and according to DFAR section 252.2277014(a)(1252.227-7014(a)(1) and (5) are deemed to be “commercial computer software” and “commercial computer software documentation.” Consistent with DFAR section 227.7202 and FAR section 12.212, any use modification, reproduction, release, performance, display, or disclosure of such commercial software or commercial software documentation by the U.S. Government will be governed solely by the terms of this Agreement and will be prohibited except to the extent expressly permitted by the terms of this Agreement. 3.2 Customer represents, covenants, and warrants that Customer will use the Services only in compliance with Company’s standard published policies then in effect and all applicable laws and regulations. Customer hereby agrees to indemnify, defend and hold harmless Company against any damages, losses, liabilities, settlements and expenses (including without limitation costs and attorneys’ fees) in connection with any claim or action that arises from an alleged violation of the foregoing, Customer Data (as defined below), breach of Customer’s representations and warranties, or otherwise from Customer’s use of Services. Although Company has no obligation to monitor Customer’s use of the Services, Company may do so and may prohibit any use of the Services it believes may be (or alleged to be) in violation of the foregoing. 3.3 2.3 Customer shall be responsible for obtaining and maintaining any equipment and ancillary services needed to connect to, access or otherwise use the Services, including, without limitation, modems, hardware, servers, software, operating systems, networking, web servers and the like (collectively, “Equipment”). Customer shall also be responsible for maintaining the security of the Equipment. 3.4 Company may register Authorized Users on the Service with unique usernames , Customer account, passwords (including but not limited to administrative and passwords to enable Authorized Users to access the Services pursuant to this Agreement. Each username user passwords) and password may only be used to access the Services during one (1) concurrent login session. Customer will ensure that each username and password issued to an Authorized User will be used only by that Authorized User. Customer is responsible for maintaining the confidentiality of all Authorized Users’ usernames and passwordsfiles, and is solely responsible for all activities that occur under these usernames. uses of Customer agrees: (a) not to allow a third party to use account or the Equipment with or without Customer’s accounts, usernames knowledge or passwords at any time; and (b) to notify Company promptly of any actual or suspected unauthorized use of its account, usernames or passwords, or any other breach or suspected breach of this Agreement. Company reserves the right to terminate any accounts, usernames, or passwords that Company reasonably determines may have been used by an unauthorized third party. Authorized User accounts and their associated usernames and passwords cannot be shared or used by more than one individual Authorized User, but may be reassigned from time to time to a new Authorized User who is replacing a former Authorized User who has terminated employment or otherwise changed job status or function and no longer uses the Services. Company is solely responsible for all access to and use of the Services by its Authorized Users and all access to and use of the Services through any Authorized User’s accountconsent.

RESTRICTIONS AND RESPONSIBILITIES. 3.1 2.1 Customer will not, directly or indirectly: reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, object code or underlying structure, ideas, know-how or algorithms relevant to the Services or any software, documentation or data related to the Services (“Software”); modify, translate, or create derivative works based on the Services or any Software (except to the extent expressly permitted by Company or authorized within the Services); use the Services or any Software for timesharing or service bureau purposes or otherwise for the benefit of a third; or remove any proprietary notices or labels. 2.2 Further, Customer may not remove or export from the United States or allow the export or re-export of the Services Services, Software or anything related thereto, or any information or results direct product thereof in violation of any restrictions, laws or regulations of the United States Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control, or any other United States or foreign agency or authority. As defined in FAR section 2.101, the Software and documentation are “commercial items” and according to DFAR section 252.2277014(a)(1252.227-7014(a)(1) and (5) are deemed to be “commercial computer software” and “commercial computer software documentation.” Consistent with DFAR section 227.7202 and FAR section 12.212, any use modification, reproduction, release, performance, display, or disclosure of such commercial software or commercial software documentation by the U.S. Government will be governed solely by the terms of this Agreement and will be prohibited except to the extent expressly permitted by the terms of this Agreement. 3.2 Customer represents, covenants, and warrants that . Customer will use the Services only in compliance with Company’s standard published policies then in effect (the “Policy”) and all applicable laws and regulations. Customer hereby agrees to indemnify, defend indemnify and hold harmless Company against any damages, losses, liabilities, settlements and expenses (including without limitation costs and attorneys’ fees) in connection with any claim or action that arises from an alleged violation of the foregoing, Customer Data (as defined below), breach of Customer’s representations and warranties, foregoing or otherwise from Customer’s use of Services. Although Company has no obligation to monitor Customer’s use of the Services, Company may do so and may prohibit any use of the Services it believes may be (or alleged to be) in violation of the foregoing. 3.3 Customer shall be responsible for obtaining and maintaining any equipment and ancillary services needed to connect to, access or otherwise use the Services, including, without limitation, modems, hardware, servers, software, operating systems, networking, web servers and the like (collectively, “Equipment”). Customer shall also be responsible for maintaining the security of the Equipment. 3.4 Company may register Authorized Users on the Service with unique usernames and passwords to enable Authorized Users to access the Services pursuant to this Agreement. Each username and password may only be used to access the Services during one (1) concurrent login session. Customer will ensure that each username and password issued to an Authorized User will be used only by that Authorized User. Customer is responsible for maintaining the confidentiality of all Authorized Users’ usernames and passwords, and is solely responsible for all activities that occur under these usernames. Customer agrees: (a) not to allow a third party to use Customer’s accounts, usernames or passwords at any time; and (b) to notify Company promptly of any actual or suspected unauthorized use of its account, usernames or passwords, or any other breach or suspected breach of this Agreement. Company reserves the right to terminate any accounts, usernames, or passwords that Company reasonably determines may have been used by an unauthorized third party. Authorized User accounts and their associated usernames and passwords cannot be shared or used by more than one individual Authorized User, but may be reassigned from time to time to a new Authorized User who is replacing a former Authorized User who has terminated employment or otherwise changed job status or function and no longer uses the Services. Company is solely responsible for all access to and use of the Services by its Authorized Users and all access to and use of the Services through any Authorized User’s account.

RESTRICTIONS AND RESPONSIBILITIES. 3.1 2.1 Customer will not knowingly, directly or indirectly: reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, object code or underlying structure, ideas, know-how or algorithms relevant to the Services or any software, documentation or data related to the Services (“Software”); modify, translate, or create derivative works based on the Services or any Software (except to the extent expressly permitted by Service Provider or authorized within the Services); use the Services or any Software for timesharing or service bureau purposes or otherwise for the benefit of a third party; or remove any proprietary notices or labels. 2.2 Further, Customer may not remove or export from the United States or allow the export or re-export of the Services Services, Software or anything related thereto, or any information or results direct product thereof in violation of any restrictions, laws or regulations of the United States Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control, or any other United States or foreign agency or authority. As defined in FAR section 2.101, the Software and documentation are “commercial items” and according to DFAR section 252.2277014(a)(1) and (5) are deemed to be “commercial computer software” and “commercial computer software documentation.” Consistent with DFAR section 227.7202 and FAR section 12.212, any use modification, reproduction, release, performance, display, or disclosure of such commercial software or commercial software documentation by the U.S. Government will be governed solely by the terms of this Agreement and will be prohibited except to the extent expressly permitted by the terms of this Agreement. 3.2 Customer represents, covenants, and warrants that Customer will use the Services only in compliance with Company’s standard published policies then in effect and all applicable laws and regulations. Customer hereby agrees to indemnify, defend and hold harmless Company against any damages, losses, liabilities, settlements and expenses (including without limitation costs and attorneys’ fees) in connection with any claim or action that arises from an alleged violation of the foregoing, Customer Data (as defined below), breach of Customer’s representations and warranties, or otherwise from Customer’s use of Services. Although Company has no obligation to monitor Customer’s use of the Services, Company may do so and may prohibit any use of the Services it believes may be (or alleged to be) in violation of the foregoing. 3.3 2.3 Customer shall be responsible for obtaining and maintaining any equipment and ancillary services needed to connect to, access or otherwise use the Services, including, without limitation, modems, hardware, servers, software, operating systems, networking, web servers and the like (collectively, “Equipment”). Customer shall also be responsible for maintaining the security of the Equipment. 3.4 Company may register Authorized Users on the Service with unique usernames , Customer account, passwords (including but not limited to administrative and passwords to enable Authorized Users to access the Services pursuant to this Agreement. Each username user passwords) and password may only be used to access the Services during one (1) concurrent login session. Customer will ensure that each username and password issued to an Authorized User will be used only by that Authorized User. Customer is responsible for maintaining the confidentiality of all Authorized Users’ usernames and passwordsfiles, and is solely responsible for all activities that occur under these usernames. uses of Customer agrees: (a) not to allow a third party to use account or the Equipment with or without Customer’s accounts, usernames knowledge or passwords at any time; and (b) to notify Company promptly of any actual or suspected unauthorized use of its account, usernames or passwords, or any other breach or suspected breach of this Agreement. Company reserves the right to terminate any accounts, usernames, or passwords that Company reasonably determines may have been used by an unauthorized third party. Authorized User accounts and their associated usernames and passwords cannot be shared or used by more than one individual Authorized User, but may be reassigned from time to time to a new Authorized User who is replacing a former Authorized User who has terminated employment or otherwise changed job status or function and no longer uses the Services. Company is solely responsible for all access to and use of the Services by its Authorized Users and all access to and use of the Services through any Authorized User’s accountconsent.

RESTRICTIONS AND RESPONSIBILITIES. 3.1 2.1 Customer will not, directly or indirectly either before, during or any time after the Term: reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, object code or underlying structure, ideas, know-how or algorithms relevant to the Services or any software, documentation or data related to the Services (“Software”); modify, translate, or create derivative works based on the Services or any Software (except to the extent expressly permitted by Company or expressly authorized within the Services); use the Services or any Software for timesharing or service bureau purposes or otherwise for the benefit of a third; or remove any proprietary notices or labels. With respect to any Software or Services that is distributed or provided to Customer for use on Customer premises or devices, by signing the Order Form and subject to Customer complying with all terms and conditions and fulfilling all its obligations under the Agreement, Company grants Customer a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to use such Software throughout the Territory during the validity of the Agreement inside the Term only in connection with the Services solely as expressly authorized through this Agreement. 2.2 Further, Customer may not remove or export from the United States States, the Cloud used by Company or other physical or internet web hosting location chosen by the Company to operate its services or allow the export or re-export of the Services Services, Software or anything related thereto, or any information or results direct product thereof in violation of any restrictions, laws or regulations of the United States Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control, or any other United States or foreign agency or authority. As defined in FAR section 2.101, the Software and documentation are “commercial items” and according to DFAR section 252.2277014(a)(1) and (5) are deemed to be “commercial computer software” and “commercial computer software documentation.” Consistent with DFAR section 227.7202 and FAR section 12.212, any use modification, reproduction, release, performance, display, or disclosure of such commercial software or commercial software documentation by the U.S. Government will be governed solely by the terms of this Agreement and will be prohibited except to the extent expressly permitted by the terms of this Agreement. 3.2 2.3 Customer represents, covenants, and warrants that Customer will use the Services only in compliance with Company’s standard published policies then in effect (the “Policy”) as published and updated from time to time on xxxxx://xxxxxxxxxxx.xx/xxxxxxxx/XXX.xxxx and all applicable laws and regulations. Customer hereby agrees to indemnify, defend indemnify and hold harmless Company against any damages, losses, liabilities, settlements and expenses (including without limitation costs and attorneys’ fees) in connection with any claim or action that arises from an alleged violation of the foregoing, Customer Data (as defined below), breach of Customer’s representations and warranties, foregoing or otherwise from Customer’s use of Services. Although Company has no obligation to monitor Customer’s use of the Services, Company may do so and may prohibit any use of the Services it believes may be (or alleged to be) in violation of the foregoing. 3.3 2.4 Customer shall be responsible for obtaining and maintaining any equipment and ancillary services needed to connect to, access or otherwise use the Services, including, without limitation, modems, hardware, servers, software, operating systems, networking, web servers and the like (collectively, “Equipment”). Customer shall also be responsible for maintaining the security of the Equipment, Customer account, passwords (including but not limited to administrative and user passwords) and files, and for all uses of Customer account or the Equipment with or without Customer’s knowledge or consent. 3.4 2.5 Customer shall provide the necessary assets, support and resources, and shall comply with Customer Obligations mentioned in the DESCRIPTION OF SERVICES. Customer understands and agrees that within the Territory and during the validity of the Agreement inside the Term, Company may register Authorized Users on the Service with unique usernames and passwords will provide to enable Authorized Users to access Customer the Services pursuant agreed by the parties in the Order Form and within the limits of the Agreement, subject to Customer fulfilling its obligations. Should the Customer fail to fulfill any of the Customer obligations, the Company can adjust the scope of Services and functionalities to be delivered as part of the Agreement and its obligations as described in this Agreement. Each username and password may only be used to access the Services during one (1) concurrent login session. Customer will ensure that each username and password issued to an Authorized User will be used only by that Authorized User. Customer is responsible for maintaining the confidentiality of all Authorized Users’ usernames and passwords, and is solely responsible for all activities that occur under these usernames. Customer agrees: (a) not to allow a third party to use Customer’s accounts, usernames or passwords at any time; and (b) to notify Company promptly of any actual or suspected unauthorized use of its account, usernames or passwords, or any other breach or suspected breach of this Agreement. Company reserves including the right to terminate the agreement and/or withdraw any accounts, usernames, or passwords that Company reasonably determines may have been used by an unauthorized third party. Authorized User accounts and their associated usernames and passwords cannot be shared or used by more than one individual Authorized User, but may be reassigned from time right of commercial exclusivity if such a right is initially granted to time to a new Authorized User who is replacing a former Authorized User who has terminated employment or otherwise changed job status or function and no longer uses the Services. Company is solely responsible for all access to and use of the Services by its Authorized Users and all access to and use of the Services through any Authorized User’s accountCustomer.

RESTRICTIONS AND RESPONSIBILITIES. 3.1 Customer may This is an Agreement for the Services, and you are not remove or export from the United States or allow the export or re-export of the Services or anything related thereto, or granted a licence to any information or results thereof in violation of any restrictions, laws or regulations of the United States Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control, or any other United States or foreign agency or authority. As defined in FAR section 2.101, the Software and documentation are “commercial items” and according to DFAR section 252.2277014(a)(1) and (5) are deemed to be “commercial computer software” and “commercial computer software documentation.” Consistent with DFAR section 227.7202 and FAR section 12.212, any use modification, reproduction, release, performance, display, or disclosure of such commercial software or commercial software documentation by the U.S. Government will be governed solely by the terms of under this Agreement and will be prohibited (except to the extent expressly permitted by required for you to use the terms Services). Except to the extent that applicable laws prevent ILD from doing so, you will not, directly or indirectly: reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of, or found at or through the Services or any software, documentation, or data related to the Services (“Software”); remove any proprietary notices or labels from the Services or any Software; reproduce or copy the Software or the Services or any part thereof; modify, translate, or create derivative works based on the Services or any Software; or copy, distribute, pledge, assign, or otherwise transfer or encumber rights to the Services or any Software. The Services shall be used for your internal business purposes only and you shall not use the Services or any Software for timesharing or service bureau purposes or otherwise for the benefit of this Agreementa third party. 3.2 Customer represents2.1 You acknowledge and agree that the Services, covenantsthe Software, the Interactive Learning Diary company names and logos and all related product and service names, design marks and slogans, and warrants all other material comprising the Software or the Services, are the property of ILD or its affiliates or suppliers (collectively, the “Marks”). Unless stated otherwise, all Marks are protected as the copyright, trade dress, trademarks and/ or other intellectual properties are owned by ILD. You are not authorised to use any of the Marks in any advertising, publicity or any other commercial manner without the prior written consent of ILD. Your use of the Services confers no title or ownership in the Services, the Software or the Marks and is not a sale of any rights in the Services, the Software or the Marks. All ownership rights remain the property of ILD or its third party suppliers, as the case may be. 2.2 You represent, covenant, and warrant that Customer you will use the Services only in compliance with Company’s standard published policies then in effect this Agreement and all applicable laws and regulationslaws. Customer You hereby agrees agree to indemnify, defend indemnify and hold harmless Company ILD against any damages, losses, liabilities, settlements settlements, and expenses (including without limitation costs and attorneysreasonable solicitors’ fees) in connection with any claim or action that arises from an alleged violation of the foregoing, Customer Data (as defined below), breach of Customer’s representations and warranties, foregoing or otherwise arising from Customer’s or relating to your use of the Services. You acknowledge that you are responsible for the content of any account created using the Services. Although Company ILD has no obligation to monitor Customer’s the content provided by you or your use of the Services, Company ILD may do so and may remove any such content or prohibit any use of the Services services it believes may be (or is alleged to be) in violation of the foregoing. 3.3 Customer shall be responsible for obtaining and maintaining any equipment and ancillary services needed to connect to, access or otherwise use the Services, including, without limitation, modems, hardware, servers, software, operating systems, networking, web servers and the like (collectively, “Equipment”). Customer shall also be responsible for maintaining the security of the Equipment. 3.4 Company may register Authorized Users on the Service with unique usernames and passwords to enable Authorized Users to access the 2.3 The Services pursuant to this Agreement. Each username and password may only be used for lawful purposes. Transmission or solicitation of any material that violates laws that may apply in your area is prohibited. This may include material that is obscene, threatening, harassing, libellous, or in any way a violation of intellectual property laws or a third party’s intellectual property rights. 2.4 In using the varied features of the Services, you may provide information (such as name, contact information, or other registration information) to access ILD. ILD may use this information and any technical information about your use of the Services during one to tailor its presentations to you, facilitate your movement through the Services, or to communicate separately with you. 2.5 ILD will not use any of your parent, child or staff data or any other customer information for any other purposes than those related to the Services. Your customer information will not be shared with any other parties. In addition, ILD will not use your customer information for the purpose of sending unsolicited commercial email. 2.6 You will adopt and maintain a policy that complies with all applicable privacy laws and which is at least as stringent as our Privacy Policy (1) concurrent login sessionas modified by ILD from time to time). Customer will ensure You acknowledge that each username and password issued all personal information that you provide to an Authorized User will be used only by that Authorized User. Customer is responsible for maintaining us has been collected with the confidentiality of all Authorized Users’ usernames and passwordsrelevant individual’s consent, and is solely responsible that you have informed the individual of the purpose for all activities which that occur under these usernamesinformation was collected, and that you may provide this information to us for the purposes of use in relation to the Services. Customer agrees: (a) You acknowledge that we may store the personal information that you provide to us on servers located in the United Kingdom, and you warrant that you have obtained the consent of the relevant individuals to the storage and transmission of their personal information in this manner. 2.7 You must not use the Services to allow a third party to use Customer’s accountsdistribute illegal contests, usernames or passwords at any time; and (b) to notify Company promptly of any actual or suspected unauthorized use of its accountpyramid schemes, usernames or passwordschain letters, multi-level marketing campaigns, or any other breach prohibited material. 2.8 You must not use the Services to send email campaigns that link to or suspected breach of this Agreement. Company reserves the right to terminate any accountsdisplay nudity, usernamesobscene content, gambling related content, pay day lender related content, pharmaceutical related content, illegal software, viruses, or passwords to distribute any other content that Company reasonably determines may have been used by an unauthorized third party. Authorized User accounts and their associated usernames and passwords canwe deem inappropriate. 2.9 You must not be shared or used by more than one individual Authorized User, but may be reassigned from time to time to a new Authorized User who is replacing a former Authorized User who has terminated employment or otherwise changed job status or function and no longer uses the Services. Company is solely responsible for all access to and use of the Services by its Authorized Users and all access to and use for the sending of the Services through any Authorized User’s accountunsolicited email (sometimes called “spam”). 2.10 All rights not expressly granted are reserved.

RESTRICTIONS AND RESPONSIBILITIES. 3.1 Customer 2.1 End User will not, directly or indirectly: reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, object code or underlying structure, ideas, know-how or algorithms relevant to the Services or any software, documentation or data related to the Services (“Software”); modify, translate, or create derivative works based on the Services or any Software (except to the extent expressly permitted by Product Provider or authorized within the Services); use the Services or any Software for timesharing or service bureau purposes or otherwise for the benefit of a third; or remove any proprietary notices or labels. 2.2 Further, End User may not remove or export from the United States or allow the export or re-export of the Services Services, Software or anything related thereto, or any information or results direct product thereof in violation of any restrictions, laws or regulations of the United States Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control, or any other United States or foreign agency or authority. As defined in FAR section 2.101, the Software and documentation are “commercial items” and according to DFAR section 252.2277014(a)(1) and (5) are deemed to be “commercial computer software” and “commercial computer software documentation.” Consistent with DFAR section 227.7202 and FAR section 12.212, any use modification, reproduction, release, performance, display, or disclosure of such commercial software or commercial software documentation by the U.S. Government will be governed solely by the terms of this Agreement and will be prohibited except to the extent expressly permitted by the terms of this Agreement. 3.2 Customer 2.3 End User represents, covenants, and warrants that Customer End User will use the Services only in compliance with CompanyProduct Provider’s standard published policies then in effect (the “Policy”) and all applicable laws and regulations. Customer End User hereby agrees to indemnify, defend indemnify and hold harmless Company Product Provider against any damages, losses, liabilities, settlements and expenses (including without limitation costs and attorneys’ fees) in connection with any claim or action that arises from an alleged violation of the foregoing, Customer Data (as defined below), breach of Customer’s representations and warranties, foregoing or otherwise from CustomerEnd User’s use of Services. Although Company Product Provider has no obligation to monitor CustomerEnd User’s use of the Services, Company Product Provider may do so and may prohibit any use of the Services it believes may be (or alleged to be) in violation of the foregoing. 3.3 Customer 2.4 End User shall be responsible for obtaining and maintaining any equipment and ancillary services needed to connect to, access or otherwise use the Services, including, without limitation, modems, hardware, servers, software, operating systems, networking, web servers and the like (collectively, “Equipment”). Customer End User shall also be responsible for maintaining the security of the Equipment. 3.4 Company may register Authorized Users on the Service with unique usernames , End User account, passwords (including but not limited to administrative and passwords to enable Authorized Users to access the Services pursuant to this Agreement. Each username user passwords) and password may only be used to access the Services during one (1) concurrent login session. Customer will ensure that each username and password issued to an Authorized User will be used only by that Authorized User. Customer is responsible for maintaining the confidentiality of all Authorized Users’ usernames and passwordsfiles, and is solely responsible for all activities that occur under these usernames. Customer agrees: (a) not to allow a third party to use Customer’s accounts, usernames uses of End User account or passwords at any time; and (b) to notify Company promptly of any actual the Equipment with or suspected unauthorized use of its account, usernames or passwords, or any other breach or suspected breach of this Agreement. Company reserves the right to terminate any accounts, usernames, or passwords that Company reasonably determines may have been used by an unauthorized third party. Authorized User accounts and their associated usernames and passwords cannot be shared or used by more than one individual Authorized User, but may be reassigned from time to time to a new Authorized User who is replacing a former Authorized User who has terminated employment or otherwise changed job status or function and no longer uses the Services. Company is solely responsible for all access to and use of the Services by its Authorized Users and all access to and use of the Services through any Authorized without End User’s accountknowledge or consent.

RESTRICTIONS AND RESPONSIBILITIES. 3.1 a) Customer may not remove will not, directly or export from indirectly: reverse engineer, decompile, disassemble or otherwise attempt to discover the United States source code, object code or allow the export underlying structure, ideas, know-how or re-export of algorithms relevant to the Services or anything any software, documentation or data related theretoto the Services (“Software”); or, modify, translate, or any information or results thereof in violation of any restrictions, laws or regulations of create derivative works based on the United States Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control, Services or any other United States or foreign agency or authority. As defined in FAR section 2.101, the Software and documentation are “commercial items” and according to DFAR section 252.2277014(a)(1) and (5) are deemed to be “commercial computer software” and “commercial computer software documentation.” Consistent with DFAR section 227.7202 and FAR section 12.212, any use modification, reproduction, release, performance, display, or disclosure of such commercial software or commercial software documentation by the U.S. Government will be governed solely by the terms of this Agreement and will be prohibited except to the extent expressly permitted by Beehive or authorized within the terms of this AgreementServices). With respect to any Software that is distributed or provided to Customer for use on Customer’s premises or devices, Beehive hereby grants Customer a non-exclusive, non-transferable, non-sublicensable license to use such Software during the Term, only in connection with the Services. 3.2 b) Customer represents, covenants, and warrants that Customer will use the Services only in compliance with Company’s standard published policies then in effect and all applicable laws and regulationsregulations and any standard published Beehive policies then in effect, if any. To the extent allowed by law, Customer hereby agrees to indemnify, defend indemnify and hold harmless Company Beehive against any damages, losses, liabilities, settlements and expenses (including without limitation costs and attorneys’ fees) in connection with any claim or action that arises from an alleged violation of the foregoing, Customer Data (as defined below), breach of Customer’s representations and warranties, foregoing or otherwise from Customer’s use of Services. Although Company Beehive has no obligation to monitor Customer’s use of the Services, Company Beehive may do so and may prohibit any use of the Services it believes may be (or alleged to be) in violation of the foregoing. 3.3 c) Customer shall be responsible for obtaining and maintaining any equipment and ancillary services needed to connect to, access or otherwise use the Services, including, without limitation, modems, hardware, servers, software, operating systems, networking, web servers and the like (collectively, “Equipment”), unless specifically identified as a responsibility and approved obligation of Beehive in the Statement of Work. Customer shall also be responsible for maintaining the security of the Equipment. 3.4 Company may register Authorized Users on the Service with unique usernames and passwords to enable Authorized Users to access the Services pursuant to this Agreement. Each username and password may only be used to access the Services during one (1) concurrent login session. , Customer will ensure that each username and password issued to an Authorized User will be used only by that Authorized User. Customer is responsible for maintaining the confidentiality of all Authorized Users’ usernames and passwords, and is solely responsible for all activities that occur under these usernames. Customer agrees: (a) not to allow a third party to use Customer’s accounts, usernames or passwords at any time; and (b) to notify Company promptly of any actual or suspected unauthorized use of its account, usernames or passwords (including but not limited to administrative and user passwords, or any ) and files and other breach or suspected breach of this Agreement. Company reserves the right to terminate any accounts, usernames, or passwords that Company reasonably determines may have been used related items owned by an unauthorized third party. Authorized User accounts and their associated usernames and passwords cannot be shared or used by more than one individual Authorized User, but may be reassigned from time to time to a new Authorized User who is replacing a former Authorized User who has terminated employment or otherwise changed job status or function and no longer uses the Services. Company is solely responsible for all access to and use of the Services by its Authorized Users and all access to and use of the Services through any Authorized User’s accountCustomer.

RESTRICTIONS AND RESPONSIBILITIES. 3.1 2.1 Customer will not, directly or indirectly: reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, object code or underlying structure, ideas, know-how or algorithms relevant to the Services or any software, documentation or data related to the Services (“Software”); modify, translate, or create derivative works based on the Services or any Software (except to the extent expressly permitted by PeopleGrove or authorized within the Services); use the Services or any Software for timesharing or service bureau purposes or otherwise for the benefit of a third; or remove any proprietary notices or labels. 2.2 Further, Customer may not remove or export from the United States or allow the export or re-export of the Services Services, Software or anything related thereto, or any information or results direct product thereof in violation of any restrictions, laws or regulations of the United States Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control, or any other United States or foreign agency or authority. As defined in FAR section 2.101, the Software and documentation are “commercial items” and according to DFAR section 252.2277014(a)(1) and (5) are deemed to be “commercial computer software” and “commercial computer software documentation.” Consistent with DFAR section 227.7202 and FAR section 12.212, any use modification, reproduction, release, performance, display, or disclosure of such commercial software or commercial software documentation by the U.S. Government will be governed solely by the terms of this Agreement and will be prohibited except to the extent expressly permitted by the terms of this Agreement. 3.2 2.3 Customer represents, covenants, and warrants that Customer will use the Services only in compliance with Company’s standard published policies then in effect and all applicable laws and regulations. Customer hereby agrees to indemnify, defend and hold harmless Company against any damages, losses, liabilities, settlements and expenses (including without limitation costs and attorneys’ fees) in connection with any claim or action that arises from an alleged violation of the foregoing, Customer Data (as defined below), breach of Customer’s representations and warranties, or otherwise from Customer’s use of Services. Although Company PeopleGrove has no obligation to monitor Customer’s use of the Services, Company PeopleGrove may do so and may prohibit any use of the Services it believes may be (or alleged to be) in violation of the foregoing. 3.3 2.4 Customer shall be responsible for obtaining and maintaining any equipment and ancillary services needed to connect to, access or otherwise use the Services, including, without limitation, modemsdesktop computers, hardwaremobile phones, servers, software, operating systems, networking, web servers and the like and/or tablets (collectively, “Equipment”). As a web-based software product, Customer and its users will access the Services through an internet-connected web application. Customer shall also be responsible for maintaining the security of the Equipment. 3.4 Company may register Authorized Users on the Service with unique usernames , Customer account, passwords (including but not limited to administrative and passwords to enable Authorized Users to access the Services pursuant to this Agreement. Each username user passwords) and password may only be used to access the Services during one (1) concurrent login session. Customer will ensure that each username and password issued to an Authorized User will be used only by that Authorized User. Customer is responsible for maintaining the confidentiality of all Authorized Users’ usernames and passwordsfiles, and is solely responsible for all activities that occur under these usernames. uses of Customer agrees: (a) not to allow a third party to use account or the Equipment with or without Customer’s accounts, usernames knowledge or passwords at any time; and (b) to notify Company promptly of any actual or suspected unauthorized use of its account, usernames or passwords, or any other breach or suspected breach of this Agreement. Company reserves the right to terminate any accounts, usernames, or passwords that Company reasonably determines may have been used by an unauthorized third party. Authorized User accounts and their associated usernames and passwords cannot be shared or used by more than one individual Authorized User, but may be reassigned from time to time to a new Authorized User who is replacing a former Authorized User who has terminated employment or otherwise changed job status or function and no longer uses the Services. Company is solely responsible for all access to and use of the Services by its Authorized Users and all access to and use of the Services through any Authorized User’s accountconsent.

RESTRICTIONS AND RESPONSIBILITIES. 3.1 2.1 Customer will not, directly or indirectly: reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, object code or underlying structure, ideas, know-how or algorithms relevant to the Services or any software, documentation or data related to the Services (“Software”); modify, translate, or create derivative works based on the Services or any Software (except to the extent expressly permitted by Company or authorized within the Services); use the Services or any Software for timesharing or service bureau purposes or otherwise for the benefit of a third; or remove any proprietary notices or labels. With respect to any Software that is distributed or provided to Customer for use on Customer premises or devices, Company hereby grants Customer a non- exclusive, non-transferable, non-sublicensable license to use such Software during the Term only in connection with the Services. 2.2 Further, Customer may not remove or export from the United States or allow the export or re-export of the Services Services, Software or anything related thereto, or any information or results direct product thereof in violation of any restrictions, laws or regulations of the United States Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control, or any other United States or foreign agency or authority. As defined in FAR section 2.101, the Software and documentation are “commercial items” and according to DFAR section 252.2277014(a)(1252.227-7014(a)(1) and (5) are deemed to be “commercial computer software” and “commercial computer software documentation.” Consistent with DFAR section 227.7202 and FAR section 12.212, any use modification, reproduction, release, performance, display, or disclosure of such commercial software or commercial software documentation by the U.S. Government will be governed solely by the terms of this Agreement and will be prohibited except to the extent expressly permitted by the terms of this Agreement. 3.2 2.3 Customer represents, covenants, and warrants that Customer will use the Services only in compliance with Company’s standard published policies then in effect (the “Policy”) and all applicable laws and regulations. [Customer hereby agrees to indemnify, defend indemnify and hold harmless Company against any damages, losses, liabilities, settlements and expenses (including without limitation costs and attorneys’ fees) in connection with any claim or action that arises from an alleged violation of the foregoing, Customer Data (as defined below), breach of Customer’s representations and warranties, foregoing or otherwise from Customer’s use of Services. Although Company has no obligation to monitor Customer’s use of the Services, Company may do so and may prohibit any use of the Services it believes may be (or alleged to be) in violation of the foregoing. 3.3 2.4 Customer shall be responsible for obtaining and maintaining any equipment and ancillary services needed to connect to, access or otherwise use the Services, including, without limitation, modemsrouters, hardware, servers, software, operating systems, networking, web servers and the like (collectively, “Equipment”)) and where applicable VOIP voice services. Customer shall also be responsible for maintaining the security of the Equipment. 3.4 Company may register Authorized Users on the Service with unique usernames , Customer account, passwords (including but not limited to administrative and passwords to enable Authorized Users to access the Services pursuant to this Agreement. Each username user passwords) and password may only be used to access the Services during one (1) concurrent login session. Customer will ensure that each username and password issued to an Authorized User will be used only by that Authorized User. Customer is responsible for maintaining the confidentiality of all Authorized Users’ usernames and passwordsfiles, and is solely responsible for all activities that occur under these usernames. uses of Customer agrees: (a) not to allow a third party to use account or the Equipment with or without Customer’s accounts, usernames knowledge or passwords at any time; and (b) to notify Company promptly of any actual or suspected unauthorized use of its account, usernames or passwords, or any other breach or suspected breach of this Agreement. Company reserves the right to terminate any accounts, usernames, or passwords that Company reasonably determines may have been used by an unauthorized third party. Authorized User accounts and their associated usernames and passwords cannot be shared or used by more than one individual Authorized User, but may be reassigned from time to time to a new Authorized User who is replacing a former Authorized User who has terminated employment or otherwise changed job status or function and no longer uses the Services. Company is solely responsible for all access to and use of the Services by its Authorized Users and all access to and use of the Services through any Authorized User’s accountconsent.