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<br />in accordance with Section C of this Agreement. Avolve may, in its sole discretion, modify the Server
<br />Resources included at no additional charge with the Avolve SAAS Solution, with such modification to
<br />become effective upon the effective date of any renewal term provided that Avolve provides Customer
<br />written notice of such modification at least ninety days in advance of the expiration of the then -current
<br />Subscription Term.
<br />C. Restrictions on Use. Customer will not, and will ensure that its Users do not: (i) except as expressly
<br />stated herein, copy, reproduce, distribute, republish, download, display, host or transmit in any form
<br />or by any means, including but not limited to electronic, mechanical, photocopying, recording, or other
<br />means, any part of Avolve SAAS Solution or any other Avolve materials; (ii) use the Avolve SAAS Solution
<br />or any other Avolve materials to provide services to third parties (e.g., business process outsourcing,
<br />service bureau applications or third party training); (ii) assign, sublicense, sell, lease, loan, resell,
<br />sublicense or otherwise distribute or transfer or convey the Avolve SAAS Solution or any other Avolve
<br />materials, or pledge as security or otherwise encumber Customer's rights under this Agreement; (iii)
<br />make any use of or perform any acts with respect to the Avolve SAAS Solution or any other Avolve
<br />materials other than as expressly permitted in accordance with the terms of this Agreement; or (iv) use
<br />the Avolve SAAS Solution components other than those specifically identified in the Implementation
<br />SOW and then only as part of Avolve SAAS Solution as a whole, even if it is also technically possible for
<br />Customer to access other Avolve SAAS Solution components; or (v) modify, further develop or create
<br />any derivative works of, disassemble, decompile, reverse engineer or otherwise attempt to obtain or
<br />perceive the source code from which any part of Avolve SAAS Solution is compiled or interpreted, or
<br />access or use Avolve SAAS Solution in order to build a similar or competitive product or service; (vi)
<br />allow use of the Avolve SAAS Solution or any other Avolve materials by anyone other than authorized
<br />Users; (vii) publish any results of benchmark tests run on Avolve SAAS Solution; (viii) unless otherwise
<br />expressly authorized in writing by Avolve, use the Avolve SAAS Solution in connection with anysoftware
<br />product or tools, or any other software as a service not provided by Avolve; and (ix) input, upload,
<br />transmit or otherwise provide to or through Avolve SAAS Solution or any systems used by Avolve
<br />anything that is unlawful, injurious, or contains, transmits or activates any harmful code. Customer
<br />acknowledges that nothing herein will be construed to grant Customer any right to obtain or use the
<br />source code from which Avolve SAAS Solution is delivered. Customer shall not tamper with or attempt
<br />to disable any security device or protection used by Avolve SAAS Solution or any other Avolve materials,
<br />nor shall Customer damage, destroy, disrupt or otherwise impede or harm in any manner the Avolve
<br />SAAS Solution or any systems used by Avolve. Customer agrees to take all commercially reasonable
<br />steps to ensure that Users abide by the terms of this Agreement.
<br />d. High -Risk Activities. The Avolve SAAS Solution is not fault -tolerant and is not designed, manufactured,
<br />or intended for use or resale as online control equipment in hazardous environments requiring fail-safe
<br />performance, such as in the operation of nuclear facilities, aircraft navigation or communication
<br />systems, air traffic control, direct life support machines or weapons systems, in which the failure of the
<br />Avolve SAAS Solution or derived binaries could lead directly to death, personal injury, or severe physical
<br />or environmental damage. The Avolve SAAS Solution is also not designed or intended for use with
<br />Federal Tax Information (FTI) as defined in the Internal Revenue Service Publication 1075 (IRS 1075) or
<br />criminal justice information (" CII"), such as fingerprint records and criminal histories. Customer shall
<br />not use the Avolve SAAS Solution for any of these high -risk activities, including without limitation
<br />transmitting, storing or otherwise processing any FTI or CII with the Avolve SAAS Solution.
<br />e. Proiect Administrator. Customer agrees, if not already designed in the Implementation SOW, to
<br />promptly designate in writing one person to be the Customer's point person responsible for all
<br />communications with Avolve (the Customer's "Proiect Administrator'). The Project Administrator is
<br />responsible for project administration duties as documented in the Avolve systems guides, statements
<br />of work, and documentation (collectively, the "Documentation"), as provided for time to time by
<br />Avolve to Customer.
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