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3.9 Third Party Providers. Participant may choose to include in or through Participant's deployment of Subscription
<br />Services certain products, services and/or content offered by third -party providers (each, a "Third Party Provider").
<br />Any relationship, exchange of data or other interaction between Participant and a Third Party Provider, and/or any
<br />purchase, download or use by Participant (or any Authorized User or End User) of any product or service offered by
<br />a Third Party Provider, is solely between Participant and such Third Party Provider, and may require Participant (or
<br />any Authorized User or End User) to agree to a Third Party Provider's terms and conditions and/or obtain and pay for
<br />licenses thereto. Regardless of any recommendation by BENDABLE LABS, INC. or use of any Third Party Provider's
<br />products or services, BENDABLE LABS, INC. does not make any representations, warranties or guarantees with
<br />respect to such Third Party Provider or any of its products or services. Further, BENDABLE LABS, INC. cannot
<br />guarantee that use of such Third Party Provider's products or services will always be provided during the Term. While
<br />BENDABLE LABS, INC. may rely on data or information provided or generated by such Third Party Provider's
<br />products or services in the course of providing the Services, Participant hereby acknowledges that BENDABLE
<br />LABS, INC. specifically does not warrant the accuracy, reliability or completeness of any such data and information.
<br />Participant acknowledges and agrees that BENDABLE LABS, INC. is not liable to Participant or any other party for
<br />any Third Party Provider and its products and services. Accordingly, Participant hereby releases and holds harmless
<br />BENDABLE LABS, INC. from and against any and all claims, losses, liability, damages, expenses, costs (including,
<br />but not limited to, reasonable attorneys' fees) and/or actions arising from any Third Party Provider and its products
<br />and services.
<br />3.10 Future Functionality. Participant agrees that the commitments entered into under this Agreement are not contingent
<br />on the delivery of any future features, functionality or other capability, or dependent on any oral or written public
<br />comments made by BENDABLE LABS, INC. regarding future features, functionality or other capability.
<br />3.11 Compliance with Law/Order. BENDABLE LABS, INC. reserves the right to use or disclose information, including
<br />Participant Data or Participant's Confidential Information, if required by law or if BENDABLE LABS, INC.
<br />reasonably believes that use or disclosure is necessary to protect BENDABLE LABS, INC.'s rights and/or to comply
<br />with ajudicial proceeding, court order, or legal process, provided that BENDABLE LABS, INC. shall promptly notify
<br />the Participant of such disclosure so that Participant may seek an appropriate protective order or other relief.
<br />BENDABLE LABS, INC, further agrees to cooperate with and not to oppose any effort by the Participant to resist or
<br />narrow such disclosure or to seek a protective order or other appropriate remedy.
<br />4. Proprietary Rights
<br />4.1 Bendable Property. BENDABLE LABS, INC. is and shall be the sole and exclusive owner of all Bendable Property,
<br />including all Intellectual Property Rights thereto. Except as expressly set forth in this Agreement, this Agreement does
<br />not grant to Participant (or any other party) any rights, implied or otherwise, to any Bendable Property. Any use of
<br />Bendable Property by Participant, as permitted under this Agreement, will inure to the benefit of BENDABLE LABS,
<br />INC.
<br />4.2 Participant Data; Participant Marks. As between BENDABLE LABS, INC. and Participant, Participant owns all right,
<br />title and interest in and to all Participant Data and Participant Marks. Participant represents that it has valid title or
<br />license to all Participant Data and Participant Marks, and it has all rights necessary to grant BENDABLE LABS, INC.
<br />the rights set forth in this Agreement. Participant hereby represents and warrants that Participant Data will not contain
<br />any content that is obscene, libelous, slanderous or otherwise defamatory, false or misleading or that violates any
<br />copyright, right of privacy or publicity or other right of any person or party. BENDABLE LABS, INC. reserves the
<br />right to remove Participant Data containing any information that BENDABLE LABS, INC. determines in its sole
<br />discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise
<br />objectionable or that violate any party's intellectual property or this Agreement. Participant grants BENDABLE
<br />LABS, INC. and its Affiliates a worldwide, non-exclusive, royalty -free, fully paid, sublicensable, transferable license
<br />to use, host, copy, distribute, perform, transmit, display and prepare derivative works of Participant Data and
<br />Participant Marks in order to provide the Services and/or in connection with Participant's participation in Bendable.
<br />4.3 Aggregate Data. Notwithstanding anything to the contrary, BENDABLE LABS, INC. shall have the right to collect
<br />and analyze data and other information relating to the provision, use and performance of various aspects of the Services
<br />and related systems and technologies (including, information concerning Participant Data and data derived therefrom),
<br />and BENDABLE LABS, INC. will be free (during and after the term hereof) to (i) use such information and data to
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<br />0001 Bendable Labs, Inc. Confidential
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