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trademark, or any other proprietary rights or notices included within PowerDMS Technology and on and in any
<br /> documentation or training materials, (n) disassemble, reverse engineer, or decompile the Services, including
<br /> PowerDMS Technology or otherwise attempt to obtain or perceive the source code of PowerDMS Technology,or(o)
<br /> use the Services in a manner which violates any applicable laws.
<br /> 2.5. Infringing or Restricted Content. PowerDMS reserves the right to delete or disable content stored,
<br /> transmitted or published by Customer using the Services upon receipt of a bona fide notification that such content
<br /> infringes upon the Intellectual Property Rights of others, or if PowerDMS otherwise reasonably believes any such
<br /> content is in violation of Section 2.4.
<br /> 2.6. Modifications to Services. The Services may be modified by PowerDMS from time to time as it deems
<br /> necessary to address changes in technology and the needs of its customers,provided that any such modification will
<br /> not degrade the functionality of the Services in any material manner,unless required by applicable law. PowerDMS
<br /> will notify Customer in advance of any material modifications.
<br /> 2.7.Third Party Services.The Services may permit Customer and its Users to access services or content provided
<br /> by third parties through the Services ("Third Party Services"). Customer agrees that PowerDMS is not the original
<br /> source and shall not be liable for any inaccuracies contained in any content provided in any of the Third Party
<br /> Services. PowerDMS makes no representations,warranties or guarantees with respect to the Third Party Services
<br /> or any content contained therein. PowerDMS may discontinue access to any Third Party Services through the
<br /> Services if the relevant agreement with the applicable third party no longer permits PowerDMS to provide such
<br /> access. If loss of access to any Third Party Services (to which Customer has a subscription under this Agreement)
<br /> occurs during a Subscription Term,PowerDMS will refund to Customer any prepaid fees for such Third Party Services
<br /> covering the remainder of the Subscription Term.
<br /> 3. Proprietary Rights and Licenses
<br /> 3.1. Limited License to Use Services.Subject to the terms and conditions of this Agreement,PowerDMS hereby
<br /> grants to Customer a non-exclusive, non-transferable, limited, royalty-free license,without right to sub-license,for
<br /> the term of each Service Order,to access and use,and to permit its Users to access and use,the Services,solely for
<br /> Customer's operations in its ordinary course of business.
<br /> 3.2. Limited License to Use Customer Data. Customer hereby grants to PowerDMS a non-exclusive, non-
<br /> transferable,limited, royalty-free license,without right to sub-license(except to its sub-processors,as required for
<br /> the provision of the Services),to aggregate,compile,transmit, and otherwise use the Customer Data,as necessary
<br /> to perform the Services,to create Statistical Data and Anonymized Data for the purposes described in 3.3 below and
<br /> as otherwise may be agreed in writing by Customer.
<br /> 3.3. Statistical Data and Anonymized Data. PowerDMS tracks and collects certain information about how Users
<br /> use the Services and uses the information collected to obtain general statistics regarding the use of the Services and
<br /> to evaluate how Users use and navigate the Services(collectively,"Statistical Data"). PowerDMS may use Statistical
<br /> Data for PowerDMS's internal analytical purposes,including the improvement and enhancement of the Services and
<br /> PowerDMS's other offerings. At times, PowerDMS may review the Statistical Data of multiple customers and may
<br /> combine, in a non-personally-identifiable format, the Statistical Data with Statistical Data derived from other
<br /> customers and users to create aggregate, anonymized data regarding usage history and statistics (collectively,
<br /> "Anonymized Data"). Anonymized Data will not contain information that identifies or could be used to identify
<br /> Customer or its Users. Customer agrees that Anonymized Data is not Confidential Information of Customer.
<br /> PowerDMS may use Anonymized Data to create reports that it may use and disclose for PowerDMS's commercial or
<br /> other purposes.
<br /> 3.4. Reservation of Rights.No rights or licenses are granted except as expressly set forth herein.Without limiting
<br /> the foregoing,subject to the limited rights expressly granted in this Section 3,all right,title and interest(including
<br /> all related Intellectual Property Rights) in and to (a) the Services and the PowerDMS Technology is retained by
<br /> PowerDMS,and(b)the Customer Data is retained by Customer.
<br /> 3.5. Feedback and Volunteered Data.Customer grants PowerDMS a worldwide,perpetual,irrevocable,royalty-
<br /> free license to use, disclose, reproduce, license or otherwise distribute and incorporate into the Services and the
<br /> PowerDMS Technology any"Volunteered Data".
<br /> 3.6. Federal Government Use. If the Services or the PowerDMS Technology are made available to a federal
<br /> government end user, for ultimate federal government end use, technical data and software rights related to the
<br /> Services include only those rights customarily provided to the public as specified in this Agreement.
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