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1.10 "End User" means an individual that Participant allows to access and use the Bendable Platform.
<br />1,11 "End User Data means information from an End User that can personally identify such End User, directly or
<br />indirectly, and other data that can be reasonably linked to such information by BENDABLE LABS, INC.
<br />1.12 "Intellectual Property Rights" mean current and future worldwide rights under patent law, copyright law, trade
<br />secret law, trademark law, moral rights law, and other similar rights.
<br />1.13 "Ordering Document" means a mutually signed ordering document for Services provided by or through BENDABLE
<br />LABS, INC., which incorporates by reference the terms of this Agreement. Ordering Documents may include
<br />statements of work and software subscription orders.
<br />1.14 "Participant" means the library, city, county, state or other governmental entity that has entered into this Agreement
<br />with BENDABLE LABS, INC.
<br />1.15 "Participant Data" means the data, information and/or content provided, collected or generated by Participant and/or
<br />End Users in connection with the Services under this Agreement, excluding End User Data.
<br />1.16 "Participant Marks" means Participant's trade names, trademarks, service marks and logos.
<br />1.17 "Professional Services" means consulting, training, implementation or other professional services that BENDABLE
<br />LABS, INC. may perform or provide, as described in an Ordering Document.
<br />1.18 "Services" means Subscription Services, Professional Services and Deliverables.
<br />1.19 "Subscription Services" means the Bendable Platform and any other subscription -based service that is provided
<br />directly by BENDABLE LABS, INC., as described in an Ordering Document.
<br />1.20 "Updates" means bug fixes, patches, error corrections, modifications or revisions to the Subscription Services that
<br />enhance existing performance. Updates exclude Upgrades.
<br />1.21 "Upgrades" means new products, features, functionality or enhancements to the Subscription Services for which
<br />BENDABLE LABS, INC. generally charges its customers a separate fee in addition to existing Subscription Services
<br />fees.
<br />2. Services
<br />2.1 Cooperation. Participant shall familiarize themselves with the Bendable implementation activities described in the
<br />Scope of Services and agree to collaborate with BENDABLE LABS, INC. in a timely manner so as to meet the
<br />requirements of the project timeline.
<br />2.2 Responsibility for Results. Participant acknowledges that it alone is responsible for the results obtained from its use
<br />of the Services (including any Subscription Services) and participation in Bendable, including the usefulness,
<br />completeness, accuracy and content of such results.
<br />2.3 Maintaining Bendable's standards of quality. During the term of this Agreement, Participant agrees to maintain their
<br />instance of Bendable in a way that adheres to the brand and style guidelines provided in Documentation and Training
<br />sessions. BENDABLE LABS, INC. will provide editorial and technical services to support Participant's reasonable
<br />attempt to adhere to these standards of quality. Participant shall commit and deploy sufficient staff, resources and
<br />funding to successfully activate and support Bendable in its community.
<br />3. Subscription Services
<br />3.1 Access to Subscription Services. Subject to the terms and conditions of this Agreement, BENDABLE LABS, INC.
<br />hereby grants to Participant a non-exclusive, royalty -free, fully paid, non-sublicensable, non -transferable, worldwide,
<br />right and license to access and use the Subscription Services solely in providing access to lifelong learning to End
<br />Users during the subscription term.
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<br />0001 Bendable Labs, Inc. Confideudal
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