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<br />operation of the Services including any end user visit, session, impression, clickthrough or click stream data,
<br />as well as log, device, transaction data. or other analysis, information, or data based on or derived from any
<br />of the foregoing. NEOGOV shall exclusively own all right, title and interest in and to all Platform Data.
<br />NEOGOV grants to Customer a limited, non-perpetual, non-exclusive, non-transferable, and non-
<br />sublicensable license during the Term to use and access, and to permit Authorized Users to use and access,
<br />PODWIRUP DDWD RI ZKLFK NEOGOV PDNHV DYDLODEOH WKURXJK WKH SDDS ASSOLFDWLRQV VROHO\ IRU CXVWRPHU¶V
<br />internal purposes. Customer acknowledges NEOGOV may compile Platform based on Customer Data input
<br />into the Services. Customer agrees that NEOGOV may (i) make Platform Data publicly available in compliance
<br />with applicable law, and (ii) use Platform Data to the extent and in the manner permitted under applicable law.
<br />
<br />b) Privacy Policy; Data Processing Agreement. NEOGOV shall process all data in accord with the NEOGOV
<br />Privacy Policy available at https://www.neogov.com/privacy-policy. The defined terms in the Privacy Policy
<br />shall have the same meaning in this Agreement unless otherwise specified herein. To the extent Customer
<br />uses the Services to target and collect personal information form users located in the European Union,
<br />EXURSHDQ EFRQRPLF AUHD, RU SZLW]HUODQG (WKH ³EU´), RU KDV AXWKRUL]HG UVHUV DFFHVVLQJ WKH SHUYLFHV Irom
<br />the EU, the NEOGOV Data Processing Addendum ("DPA") available at https://www.neogov.com/service-
<br />specifications is incorporated herein by reference.
<br />
<br />c) Data Responsibilities. Customer is solely responsible for the development, content, operation, maintenance,
<br />and use of Customer Data. NEOGOV will have no responsibility or liability for the accuracy of the Customer
<br />Data prior to receipt of such data into the Services. Customer shall be solely responsible for and shall comply
<br />with all applicable laws and regulations relating to (i) the accuracy and completeness of all information input,
<br />submitted, or uploaded to the Services, (ii) the privacy of users of the Services, including, without limitation,
<br />providing appropriate notices to and obtaining appropriate consents from any individuals to whom Customer
<br />Data relates; and (iii) the collection, use, modification, alteration, extraction, retention, copying, external
<br />storage, disclosure, transfer, disposal, and other processing of any Customer Data. NEOGOV is not
<br />responsible for lost data caused by the action or inaction of Customer or Authorized Users. Unless vital to
<br />provide the Services or otherwise mutually agreed in writing, Customer shall not maintain any financial, health,
<br />payment card, or similarly sensitive data that imposes specific data security or data protection obligations
<br />within the Services.
<br />
<br />d) Breach Notice. In the event of a data or security breach, as defined by applicable law, by anyone other than
<br />your employee, contractor, or agent, upon discovery of such breach, NEOGOV will initiate remedial actions
<br />DQG QRWLI\ CXVWRPHU RI WKH EUHDFK DV UHTXLUHG E\ DQG LQ FRPSOLDQFH ZLWK DSSOLFDEOH ODZ. NEOGOV¶V
<br />notification of, or response to, a data breach under this Section will not be construed as an acknowledgement
<br />by NEOGOV of any fault or liability with respect to the breach. In the event of a security breach, as defined by
<br />applicable law, by your Personnel, Authorized, or unauthorized user, contractor or agent, you shall have sole
<br />responsibility for initiating remedial actions and you shall notify NEOGOV of the breach and steps you will take
<br />to remedy the breach as soon as possible. Customer is solely responsible for complying with data breach
<br />notification laws applicable to the Customer and fulfilling any t hird-party notification obligations related to any
<br />data breach(es).
<br />
<br />10. Subcontractors; Third Party Products. NEOGOV may from time to time in its discretion engage third parties to
<br />SHUIRUP SHUYLFHV (HDFK, D ³SXEFRQWUDFWRU´). ´TKLUG-PDUW\ PURGXFWV´ PHDQV DQ\ Sroducts, content, services,
<br />information, websites, or other materials that are owned by third parties and are incorporated into or accessible
<br />through the Services. The Services may permit access to Third-Party Products. For purposes of this Services
<br />Agreement, such Third-Party Products are subject to their own terms and conditions presented to you for
<br />acceptance by website link or otherwise. If you do not agree to abide by the applicable terms for any such Third -
<br />Party Products, then you should not install, access, or use such Third-Party Products. NEOGOV cannot guarantee
<br />the continued availability of such Third-Party Products and may cease providing them without entitling Customer
<br />to any refund, credit, or other compensation, if for example and without limitation, the provider of a Third-Party
<br />Product ceases to make the third-party application available for interoperation with the corresponding NEOGOV
<br />Service in a manner acceptable to NEOGOV.
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<br />11. NRQGLVFORVXUH. TKURXJK H[HUFLVH RI HDFK SDUW\¶V ULJKWV XQGHU WKLV Agreement, each party may be exposed to the
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<br />electronic, magnetic, photographic, and/or other forms, including, but not limited to (a) oral and written
<br />communications of one party with the officers and staff of the other party which are marked or identified as
<br />confidential or secret or similarly marked or identified, (b) other communications which a reasonable person would
<br />recognize from the surrounding facts and circumstances to be confidential or secret, and (c) trade secrets
<br />(FROOHFWLYHO\, ³CRQILGHQWLDO IQIRUPDWLRQ´). IQ UHFRJQLWLRQ RI WKH RWKHU SDUW\¶V QHHG WR SURWHFW LWV OHJLWLPDWH EXVLQHVV
<br />interests, each party hereby covenants and agrees that it shall regard and treat each item of information or data
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