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Confidential-Oracle Restricted
<br /> 3.2.You may have access to Third Party Content through use of the Services. Unless otherwise stated in Your
<br /> order, all ownership and intellectual property rights in and to Third Party Content and the use of such content is
<br /> governed by separate third party terms between You and the third party.
<br /> 3.3. You have the authority to and do grant us the right to host, use, process,display and transmit Your Content
<br /> to provide the Services pursuant to and in accordance with this Agreement and Your order. You have sole
<br /> responsibility for the accuracy, quality, integrity, legality, reliability, and appropriateness of Your Content, and for
<br /> obtaining all rights related to Your Content required by Oracle to perform the Services.
<br /> 3.4, Except as permitted by this Agreement or Your order,You may not, and may not cause or permit others to:
<br /> (a)modify,make derivative works of,disassemble,decompile, reverse engineer,reproduce, republish,download,
<br /> or copy any part of the Services(including data structures or similar materials produced by programs);(b)access
<br /> or use the Services to build or support, directly or indirectly, products or services competitive to Oracle; or (c)
<br /> license, sell, transfer, assign, distribute, outsource, permit timesharing or service bureau use of, commercially
<br /> exploit,or make available the Services to any third party.
<br /> 4. NONDISCLOSURE
<br /> 4.1. By virtue of this Agreement, the parties may disclose to each other information that is confidential
<br /> ("Confidential Information"). Confidential Information shall be limited to the terms and pricing under this Agreement
<br /> and Your order,Your Content residing in the Services, and all information clearly identified as confidential at the
<br /> time of disclosure.
<br /> 4.2.A party's Confidential Information shall not include information that: (a) is or becomes a part of the public
<br /> domain through no act or omission of the other party; (b) was in the other party's lawful possession prior to the
<br /> disclosure and had not been obtained by the other party either directly or indirectly from the disclosing party;(c)is
<br /> lawfully disclosed to the other party by a third party without restriction on the disclosure; or(d) is independently
<br /> developed by the other party.
<br /> 4.3 Subject to applicable law, each party agrees not to disclose the other party's Confidential Information to any
<br /> third party other than as set forth in the following sentence for a period of five years from the date of the disclosing
<br /> party's disclosure of the Confidential Information to the receiving party; however,we will protect the confidentiality
<br /> of Your Content residing in the Services for as long as such information resides in the Services. Each party may
<br /> disclose Confidential Information only to those employees,agents or subcontractors who are required to protect it
<br /> against unauthorized disclosure in a manner no less protective than required under this Agreement,and each party
<br /> may disclose the other party's Confidential Information in any legal proceeding or to a governmental entity as
<br /> required by law.
<br /> 4.4 The parties acknowledge and agree that You and this Agreement are subject to applicable freedom of
<br /> information or open records laws. Should You receive a request under such law for Oracle's Confidential
<br /> Information, You agree to give Oracle adequate prior notice of the request and before releasing Oracle's
<br /> Confidential Information to a third party, in order to allow Oracle sufficient time to seek injunctive relief or other
<br /> relief against such disclosure.
<br /> 5. PROTECTION OF YOUR CONTENT
<br /> 5.1. In order to protect Your Content provided to Oracle as part of the provision of the Services,Oracle will comply
<br /> with the applicable administrative,physical,technical and other safeguards,and other applicable aspects of system
<br /> and content management, available at https:llwww.oracle.com/contracts/cloud-services.
<br /> 5.2.To the extent Your Content includes Personal Information(as that term is defined in the applicable data privacy
<br /> policies and the Data Processing Agreement(as defined below)),Oracle will furthermore comply with the following:
<br /> a. the relevant Oracle privacy policies applicable to the Services, available at
<br /> htt ://www.oracle.comlus/le all rivac /overview/index.htmi;and
<br /> b. the applicable version of the Data Processing Agreement for Oracle Services (the "Data Processing
<br /> Agreement"), unless stated otherwise in Your order. The version of the Data Processing Agreement
<br /> applicable to Your order (i) is available at https:t/www.oracle.comlcontracts/cloud-services and is
<br /> incorporated herein by reference,and(ii)will remain in force during the Services Period of Your order. In
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