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Exhibit 3 <br />renewal, the license updates automatically except if Java Connections LLC determines that <br />a license is used in violation of the terms of this Agreement or the annual fee is not paid or <br />until expiration under the terms of the service contract. if your kiosk is stolen, or if you <br />suspect any improper or illegal usage of your software outside of your control you should <br />promptly notify Java Connections LLC of such occurrence. A replacement software <br />download will be issued to you and the suspect software will be overwritten. For lease <br />licenses, your monthly or annual payment for each kiosk and tower must be processed prior <br />to the expiration date in order for software to be valid. For your convenience Java <br />Connections LLC provides license expiration warnings in the product interface should there <br />be any issues that would cause the product license to eventually expire. It is your <br />responsibility to contact Java Connections LLC regarding any potential expiration that you <br />deem inappropriate. Java Connections LLC shall not liable for any damages or costs incurred <br />in connection with the expired licenses or licenses in which the annual fee has not been paid. <br />2.3. Proprietary Rights to Software and Trademarks. You acknowledge that the Software <br />and the Documentation are proprietary to Java Connections LLC, and the Software and <br />Documentation are protected under United States copyright law and international treaties_ <br />You further acknowledge and agree that, as between you and Java Connections LLC, Java <br />Connections LLC owns and shall continue to own all right, title, and interest in and to the <br />Software and Documentation, including associated intellectual property rights under <br />copyright, trade secret, patent, or trademark laws. This Agreement does not grant you any <br />ownership interest in or to the Software or the Documentation, but only a limited right of use <br />that is revocable in accordance with the terms of this Agreement. Any and all trademarks or <br />service marks that Java Connections LLC uses in connection with the Software or with <br />services rendered by Java Connections LLC are marks owned by Java Connections LLC. <br />This Agreement does not grant you any right, license, or interest in such marks, and you shall <br />not assert any right, license, or interest in such marks or any words or designs that are <br />confusingly similar to such marks. <br />2.4. Confidentiality. You shall permit only authorized users, who possess rightfully, <br />obtained passwords, to use the Software or to view the Documentation. Except as expressly <br />authorized by this Agreement, you shall not make available the Software, Documentation, or <br />any passwords to any third party. You will use reasonable efforts to cooperate with and assist <br />Java Connections LLC in identifying and preventing any unauthorized use, copying, or <br />disclosure of the Software, Documentation, or any portion thereof. <br />2.5 Privacy/Compliance with Laws. Java Connections LLC will use appropriate <br />administrative, technical, and physical security measures to safeguard the data provided by <br />you and your users against accidental, unauthorized or unlawful destruction, loss, alteration, <br />disclosure, access, use or processing. Java Connections LLC will not rent or sell personally <br />identifiable data to third parties. Java Connections LLC will comply with all applicable laws, <br />including privacy or data security laws, including but not limited to the Family Educational <br />Rights and Privacy Act, 20 USC 1232g ("FERPA"), in connection with performing the <br />services under this Agreement. To the extent Java Connections LLC has access to Education <br />Records as that term is defined in FERPA, Java Connections LLC is deemed a "school <br />official' as that term is defined in FERPA. <br />25J-14 <br />