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i. Competitive Uses: Customer agrees that it will not directly or indirectly lease, license, <br /> sell,offer, negotiate, or contract to provide any software similar to that supplied <br /> hereunder to any third party.This clause, however,will not prohibit Customer from <br /> acquiring,for its own use,software from third parties. Customer agrees that it will not: <br /> 1. Copy or duplicate,or permit anyone else to copy or duplicate,any physical or <br /> electronic version of the programs, databases, documentation,or information <br /> furnished by FASTER(other than for internal backup purposes). <br /> 2. Create or attempt to create,or permit others to create or attempt to create, by <br /> reverse engineering or object program or otherwise,the source programs, or any <br /> part thereof,from the object program or from other information made available <br /> under this Agreement(whether oral, written,tangible,or intangible). Customer may <br /> copy for its own use documentation and any other materials provided by FASTER. <br /> 3. Modify or permit others to modify the system's database structure. Any such <br /> modifications will void FASTER's warranties and FASTER's obligation to provide <br /> Software Upgrades and Support pursuant to Schedule B. <br /> ii. Demonstrations. Due to the proprietary nature of FASTER Web, Customer agrees not to <br /> demonstrate or show FASTER Web to any competitors, or consultants that work with <br /> competitors, of FASTER. <br /> c. Transfer/Expansion of Rights <br /> Customer's rights to use the programs,documentation,and other materials supplied by <br /> FASTER under this Agreement shall not be assigned, licensed, or transferred to a successor, <br /> affiliate or any other person,firm, corporation, or organization voluntarily, by operation of <br /> law, or in any other manner without the prior written consent of FASTER,which shall not be <br /> unreasonably withheld. <br /> d. Equitable Relief <br /> If Customer attempts to use,copy, license,or convey the items supplied by FASTER <br /> hereunder in a manner contrary to the terms of this Agreement or in competition with <br /> FASTER or in derogation of FASTER's proprietary rights,whether these rights are explicitly <br /> herein stated, determined by law,or otherwise,FASTER may, in addition to other remedies <br /> available to it, seek equitable relief enjoining such action. <br /> e. Binding Effect& Definitions <br /> Customer agrees that this Agreement binds the named Customer and each of its employees, <br /> agents, representatives,and persons associated with it. This Agreement further binds each <br /> affiliated organization and any person,firm,corporation,or other organization with which <br /> Customer may enter a joint venture or other cooperative enterprise.The term employee <br /> means individual on whose behalf Customer withholds income taxes or makes contributions <br /> under the federal insurance contributions act or similar statutes in other nations. <br /> 5. Exclusion of Incidental,Consequential and Certain Other Damages <br />