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Docusign Envelope ID:86lE96oD-5A7A-40C7-A546-9E2B8236ACC2
<br /> purpose covered by the Fair Credit Reporting Act, 15 U.S.C.§ 1681 et. seq. ("FCRA"),the terms and conditions titled
<br /> Additional Obligations Regarding the Use of Consumer Reports (htt s://www.evidentid.com/evident-rel in - art
<br /> fcra-appendix/) shall also apply. If Relying Party is using the Subscription Services for Motor Vehicle Report
<br /> information ("MVRs"), the terms and conditions titled Additional Obligations Regarding the Use of DPPA Regulated
<br /> Information (https://www.evidentid.com/evident-relying-party-dppa-appendix/) shall also apply. If Relying Party is
<br /> using the Subscription Services for any service involving pictures of a face, facial geometry, or anything else that
<br /> could be considered biometric information, the terms and conditions titled Additional Obligations Regarding the Use
<br /> of Biometric Data(httos://www.evidentid.com/evident-biometric-data-addendum/)shall also apply.
<br /> 3.2. API License. Subject to the terms and conditions contained in this Agreement, Evident hereby grants Relying
<br /> Party a non-exclusive, non-transferable right and license to access the API during the Subscription Term for Relying
<br /> Party's internal purposes in connection with use of the Subscription Services as contemplated herein.
<br /> 3.3. Documentation License. Subject to the terms and conditions contained in this Agreement, Evident hereby
<br /> grants Relying Party a non-exclusive, non-transferable right and license to use the Documentation during the
<br /> Subscription Term for Relying Party's internal purposes in connection with use of the Subscription Services as
<br /> contemplated herein. Copies of the Documentation may not be distributed to third parties.
<br /> 3.4. Susoension. Notwithstanding anything to the contrary in this Agreement, Evident may suspend Relying
<br /> Party's, any Authorized Relying Party User's and any Authorized End User's access to any portion or all of the
<br /> Subscription Services if Evident reasonably determines that (i) there is a threat or attack on any portion of the
<br /> Subscription Services; (H) Relying Party's, any Authorized Relying Party User's or any Authorized End User's use of
<br /> the Subscription Services is improper, fraudulent, 'illegal or disrupts or poses a security risk to the Subscription
<br /> Services or any other customer or vendor of Evident; (iii) Relying Party is in breach of any provision or requirement
<br /> of the Order Form or these Terms and Conditions, including being materially overdue on its payment obligations to
<br /> Evident;(iv)subject to applicable law, Relying Party has ceased to continue its business in the ordinary course, made
<br /> an assignment for the benefit of creditors or similar disposition of its assets,or become the subject of any bankruptcy,
<br /> reorganization, liquidation, dissolution or similar proceeding, or(v) Evident's provision of the Subscription Services
<br /> to Relying Party, any Authorized Relying Party User or any Authorized End User is prohibited by applicable law or is
<br /> no longer possible due to restrictions by a Supplier (each such suspension, a "Service Suspension"). Evident will
<br /> make commercially reasonable efforts,circumstances permitting,to provide written notice of any Service Suspension
<br /> to Relying Party(including notices sent to Relying Party's registered email address)and to provide updates regarding
<br /> resuEmption of access to the Subscription Services following any Service Suspension. Evident will use commercially
<br /> reasonable efforts to resume providing access to the Subscription Services as soon as reasonably possible after the
<br /> event giving rise to the Service Suspension is cured. Evident will have no liability for any damage, liabilities, losses
<br /> (including any loss of data or profits) or any other consequences that Relying Party, any Authorized Relying Party
<br /> User or any Authorized End User may incur as a result of a Service Suspension.
<br /> 3.5. Aggregated Statistics. Relying Party acknowledges and agrees that Evident may compile and use de-
<br /> identified Aggregated Statistics. To the extent necessary, Relying Party hereby grants Evident a royalty-free,
<br /> nonexclusive,irrevocable, right and license (with the right to sublicense through multiple tiers)to develop Aggregated
<br /> Statistics from data, including Relying Party Data that has been de-identified, gathered or generated directly by the
<br /> Subscription Services or by Relying Party's use of the Subscription Services.
<br /> 4. RELYING PARTY RESPONSIBILITIES,
<br /> 4.1. Usage Restrictions. Relying Party will not, and will not permit any Authorized Relying Party User or any
<br /> Authorized End Users to, (i)copy or duplicate any portion of the Subscription Services; (ii) decompile, disassemble,
<br /> reverse engineer or otherwise attempt to obtain or perceive the source code from which any software component of
<br /> the Subscription Services are compiled or interpreted, or apply any other process or procedure to derive the source
<br /> code of any software included in the Subscription Services, or attempt to do any of the foregoing, and Relying Party
<br /> acknowledges that nothing in this Agreement will be construed to grant Relying Parry any right to obtain or use such
<br /> source code; (iii)modify, alter, tamper with or repair the Subscription Services, or create any derivative product from
<br /> any of the foregoing, or attempt to do any of the foregoing, except with the prior written consent of Evident; (iv)
<br /> interfere or attempt to interfere in any manner with the functionality or proper working of the Subscription Services;
<br /> (v) remove, obscure, or alter any notice of any intellectual property or proprietary right appearing on or contained
<br /> within the Subscription Services; (vi) use the Subscription Services for marketing purposes or resell or broker the
<br /> Subscription Services to any third party; or(vii) assign, sublicense, sell, resell, lease, rent or otherwise transfer or
<br /> convey, or pledge as security or otherwise encumber, Relying Party's rights under Section 3.1, 3,2 and 3.3 of these
<br /> Terms and Conditions. Relying Party will not use the Subscription Services except in compliance with these Terms
<br /> and Conditions. Relying Party will ensure that its use of the Subscription Services complies with all applicable laws,
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