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PROCOREO <br />brought by an Authorized User arising from any action or omission by Procore, to the extent that such action or <br />omission resulted from Customer's instructions. <br />3.7 Aggregate Content. Customer acknowledges and agrees that Procore may obtain and <br />aggregate Customer Content and/or anonymized Customer Data with respect to Customer or Authorized Users <br />("Aggregate Content"), and Procore may utilize the Aggregate Content to analyze, improve, support, and <br />operate the Services, during and after the term of this Agreement. Customer acknowledges that Aggregate <br />Content is not Customer Content or Customer Data. <br />3.8 Customer Acknowledgement. As of the Effective Date, Customer acknowledges and agrees <br />that Customer's authorized representative has evaluated the features and functionality of the Services in a means <br />satisfactory to Customer and accepts that the Services have been demonstrably shown to have all of the features <br />and functionality to Customer's satisfaction. Customer agrees that its purchases hereunder are neither contingent <br />on the delivery of any future functionality or features, nor dependent on any oral or written comments made by <br />Procore regarding future functionality or features. <br />3.9 Non-Procore Applications. Procore and third parties may make available third -party products <br />or services, including, but not limited to, third -party products available on the Procore App Marketplace <br />(https://marketplace.procore.com/) ("Non-Procore Applications"). Any use by Customer and any exchange of <br />data between Customer and the provider of Non-Procore Applications is solely between Customer and the <br />applicable provider. Procore does not warrant or support Non-Procore Applications or other non-Procore <br />products or services. If Customer installs or enables a Non-Procore Application for use with the Services, <br />Customer hereby grants Procore permission to allow the provider of that Non-Procore Application to access <br />Customer's data and content as required forthe interoperation of that Non-Procore Application with the Services. <br />Procore is not responsible for any disclosure, modification, or deletion of any Customer Data or Customer Content <br />resulting from access by or integration with a Non-Procore Application. The Services may contain features <br />designed to interoperate with Non-Procore Applications. To use such features, Customer may be required to <br />obtain access to Non-Procore Applications from their providers, and may be required to grant Procore access to <br />Customer's account(s) on the Non-Procore Applications. Customer agrees to fully comply with any terms and <br />conditions required by providers of Non-Procore Applications and obtain all consents necessary for Procore to <br />receive Customer Data and/or Customer Content from such providers. If the provider of a Non-Procore <br />Application ceases to make the Non-Procore Application available for interoperation with the corresponding <br />Service features, Procore may cease providing those Service features without providing Customer any refund, <br />credit, or other compensation. Customer uses Non-Procore Applications at its own risk and Procore is not <br />responsible for any acts or omissions of providers of Non-Procore Applications. PROCORE HEREBY <br />DISCLAIMS ALL LIABILITY FORANY HARM OR DAMAGES CAUSED BY NON-PROCORE APPLICATIONS. <br />3.10 Beta Services. From time to time, Procore may invite Customer and Authorized Users to try or <br />discuss certain beta services, including pilot, limited release, developer preview, in -development, non -production, <br />or evaluation services ("Beta Services') at no charge. Customer may accept or decline any such trial. Beta <br />Services will be clearly designated as such by Procore. Beta Services and discussions about Beta Services are <br />Procore's Confidential Information, for evaluation purposes and not for production use, are not considered <br />Services under this Agreement, are not supported, and may be subject to additional terms. Unless otherwise <br />stated, any Beta Services trial period will expire upon the earlier of one year from the trial start date or the date <br />that a version of the Beta Services becomes generally available. Procore may discontinue Beta Services at any <br />time and may never make them generally available. BETA SERVICES ARE PROVIDED "AS IS" WITHOUT <br />EXPRESS OR IMPLIED WARRANTY AND WITHOUT INDEMNITY. PROCORE WILL HAVE NO LIABILITY <br />FOR, AND CUSTOMER HEREBY RELEASES PROCORE FROM ANY LIABILITY OR DAMAGE ARISING OUT <br />OF OR IN CONNECTION WITH ANY BETA SERVICE. <br />4. PAYMENT. <br />4.1 Payment Terms. Customer shall pay Procore all Subscription Fees specified on the Order <br />Form upon receipt of invoice unless otherwise stated on the Order Form. Overdue payments will be subject to a <br />late fee of 1.5% for each month or fraction thereof that the payment is overdue, or the highest interest rate <br />permitted by applicable law, whichever is lower. In addition to any other remedies available to Procore, Procore <br />Procore Technologies, Inc. MSA_2019_V1 <br />www.procore.com <br />25A-11 <br />