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agents or programs;(k)remove,alter or obscure any titles,product logo or brand name,trademarks,copyright notices,
<br /> proprietary notices or other indications of Itron's or its providers'Intellectual Property Rights,whether such notice or indications
<br /> are affixed on,contained in or otherwise connected to a Service Offering;(I)attempt to gain unauthorized access to a Service
<br /> Offering or Itron's or its providers'systems or networks;(m)merge any Service Offering with any other product or service
<br /> without Itron's prior written consent and the payment of any additional fees;(n)access or use any Service Offering or related
<br /> Documentation to build or support,and/or assist a third-party in building or supporting,products or services competitive to
<br /> Itron or its providers;or(o)use robots,bots,spiders,or other automated means to access or use any Service Offering.
<br /> 6.1.3.Content Restrictions_ Customer may not distribute,download,or place on any Itron or its providers'website or Server,or
<br /> use with any Service Offering,any content that: (a)Customer knows or has reason to believe infringes the Intellectual Property
<br /> Rights of any third party or violates any rights of publicity or privacy;(b)violates any applicable law,statute,ordinance;(c) is
<br /> defamatory,trade libelous,unlawfully threatening or unlawfully harassing;or(d)is obscene,pornographic or indecent(items(a)
<br /> - (d)are collectively referred to as"Prohibited Content"). Itron reserves the right to remove any Prohibited Content from the
<br /> Server without prior notice to Customer.To the extent not prohibited by law,Customer will indemnify,defend and hold Itron and
<br /> its providers harmless for any claims,liabilities,losses,causes of action,damages,settlements,and costs and expenses
<br /> (including,without limitation attorneys'fees and costs)arising from any third-party claims related to or generated by any
<br /> Prohibited Content distributed,downloaded,or placed on any Itron or its providers'website or Server or used with any Service
<br /> Offering by Customer.
<br /> 6.2. Breach of Restrictions.Customer's breach of the restrictions set forth in Section 6.1.2("Restrictions on Use")or Section 6.1.3
<br /> ("Content Restrictions)shall constitute a material breach of this Agreement and shall result in revocation and immediate
<br /> suspension or termination,as determined by Itron in its sole discretion,of all rights and licenses granted under this Agreement with
<br /> respect to the Service Offerings. Revocation does not preclude Itron from pursuing any legal and equitable remedies for Customer's
<br /> breach of these restrictions.
<br /> 6.3. SaaS Software Availability. Itron will endeavor to make the SaaS Software available to Customer through the Service
<br /> Offering(s) purchased by Customer at least 99.5%of the time,excluding any downtime resulting from maintenance or
<br /> circumstances beyond Itron's reasonable control_
<br /> 6.4.Third-Party Radio Devices.Customer may use a Service Offering to collect Customer Data from Endpoints equipped with radio
<br /> communication devices not manufactured or provided by Itron("Third-Party Radio Device"). Itron makes no representations or
<br /> warranties whatsoever,directly or indirectly,express or implied,as to the suitability,durability,and fitness for use,merchantability,
<br /> condition,quality,performance or non-infringement of,and disclaims all liability with respect to,Third-Party Radio Devices.Without
<br /> limiting the foregoing,Itron shall have no liability(a) if a Third-Party Radio Device is not responding or communicating or(b)for
<br /> unread Endpoints due to defective or unreachable Third-Party Radio Devices.Customer shall contact the supplier of such device for
<br /> support.
<br /> 6.5.Sizing of Software-as-a-Service. Itron will size Service Offerings,Servers,and systems for Customer's specific deployment.
<br /> System sizing depends upon the Service Offering and types of devices and sensors and may be a factor in determining
<br /> Subscription Fees.Sizing criteria may include number of system endpoints,number of network devices,residential meter
<br /> configuration,commercial and industrial meter configuration,desired data collection intervals,storage duration for historical data,
<br /> and the number of concurrent and total users of the application.Any sizing changes during a Subscription Term will require a
<br /> written agreement of the Parties and may result in a change in Subscription Fees.
<br /> 6.6.Application Upgrade and Fixes.SaaS Software is updated regularly using a continuous delivery method.
<br /> 6.7.Conditions on Use of Service.Customer will use of the Service Offerings only in accordance with the Documentation,this
<br /> Agreement,and applicable laws and government regulations. The rights of any user to access and use the Service Offerings cannot
<br /> be shared or used by more than one individual(unless such license is reassigned in its entirety to another authorized user),and
<br /> Customer shall make every reasonable effort to prevent unauthorized third parties from accessing the Service Offerings.
<br /> STANDARD NAM Cellular AMI (Water& Gas)
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