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3.2 Usage Restrictions. Participant will not, and will not permit any Administrative User or End User to: (i) license,
<br />sublicense, sell, resell, rent, lease, transfer, assign, distribute, time share or otherwise commercially exploit the
<br />Subscription Services or make the Subscription Services available to any third party, other than as expressly permitted
<br />hereunder; (ii) use the Subscription Services to violate any applicable law, rule or regulation; (iii) use the Subscription
<br />Services to knowingly send, store, publish, post, upload or otherwise transmit any viruses, Trojan horses, worms, time
<br />bombs, corrupted files or other computer programming routines that are intended to damage, detrimentally interfere
<br />with, surreptitiously intercept or expropriate any systems, data, personal information or property of another; (iv)
<br />intentionally interfere with or disrupt the integrity or performance of the Subscription Services; (v) attempt to gain
<br />unauthorized access to the Subscription Services or its related systems or networks; (vi) use or knowingly permit
<br />others to use any security testing tools in order to probe, scan or attempt to penetrate or ascertain the security of the
<br />Subscription Services, except as expressly permitted hereunder; (vii) access the Subscription Services for the purpose
<br />of building a competitive product or service; or (viii) copy, translate, create a derivative work of, reverse engineer,
<br />reverse assemble, disassemble, or decompile the Subscription Services or any part thereof or otherwise attempt to
<br />discover any source code or modify the Subscription Services.
<br />3.3 Environment. BENDABLE LABS, INC. will provide Participant online access to and use of the Subscription Services
<br />via the Internet. The Subscription Services will be hosted on a server that is maintained by BENDABLE LABS, INC.
<br />or its designated third party supplier or data center.
<br />3.4 Subscription Services Changes. Access is limited to the version of the Subscription Services in BENDABLE LABS,
<br />INC.'s production environment. BENDABLE LABS, INC. may regularly update the Subscription Services, and
<br />reserves the right to discontinue, add and/or substitute features at any time. Updates will be made available to
<br />Participant at no additional charge. BENDABLE LABS, INC. may make new applications, features or functionality
<br />for the Subscription Services available from time to time, the use of which may be subject to specific terms and
<br />conditions.
<br />3.5 Participant Responsibilities. Participant shall: (a) access and use the Subscription Services in accordance with any
<br />Acceptable Use Policy, this Agreement and all applicable laws, rules and regulations; (b) be responsible for any
<br />Authorized User's and End User's compliance with any Acceptable Use Policy and this Agreement; (c) be responsible
<br />for any consents and notices required to permit Participant's, Authorized User's and End User's use and receipt of the
<br />Subscription Services; (d) be responsible for any consents and notices required for BENDABLE LABS, INC: s
<br />accessing, storing, and processing of all Participant Data; (e) be responsible for the accuracy, quality and legality of
<br />Participant Data and the means by which Participant acquired Participant Data; and (f) use commercially reasonable
<br />efforts to prevent unauthorized access to or use of Subscription Services and content, and notify BENDABLE LABS,
<br />INC. promptly of any unauthorized access or use.
<br />3.6 Administrative Users. Participant may specify one or more Administrative Users who will have the rights to access
<br />Administrative User accounts. Administrative User accounts may include certain features and functionality to manage
<br />Subscription Services. Participant is responsible for; (a) maintaining the confidentiality of login credentials for
<br />Administrative Users accounts; (b) designating those individuals who are authorized to access the Administrative User
<br />accounts; and (c) ensuring that all activities that occur in connection with the Administrative User accounts comply
<br />with this Agreement and applicable laws, rules and regulations.
<br />3.7 Resources. Participant shall be responsible for procuring, installing and maintaining, at Participant's sole cost and
<br />expense, all physical space, equipment, software and hardware at Participant's site or related facilities, and shall
<br />provide BENDABLE LABS, INC, with access to Participant's facilities, systems and information as required by
<br />BENDABLE LABS, INC. for purposes of deploying Bendable. Participant is solely responsible for obtaining and
<br />maintaining at its own expense, all equipment needed to access the Subscription Services, including Internet access
<br />and adequate bandwidth.
<br />3.8 End User Support. Participant will, at its own expense, provide and manage End User support for Subscription
<br />Services. Participant will use commercially reasonable efforts to resolve support issues before escalating them to
<br />BENDABLE LABS, INC. If Participant cannot resolve a support issue, then Participant may escalate the issue to
<br />BENDABLE LABS, INC. in accordance with any support process and protocols BENDABLE LABS, INC. may
<br />establish.
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