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.ry <br />Information, gathered as part of the Product support services provided to <br />you, if any, related to the Product. DMF Holdings may use this information <br />solely to improve our products or to provide customized services or <br />technologies to you. DMF Holdings may disclose this information, <br />excluding any information explicitly declared as Confidential Information, <br />to others but not in a form that personally identifies you. <br />4. SOFTWARE MAINTENANCE, UPDATES AND DISCONTINUATION. <br />a. A Subscription entitles the purchaser to updates of the Product for a <br />period of one (1) year (365 days) following the purchase of the Product. <br />b. DMF Holdings may, in its sole discretion, provide technical support, <br />updates and/or supplements of the Software and/or related information <br />("Updates") to you hereunder, in which case such Updates shall also be <br />deemed to be included in the Product and therefore governed by this <br />EULA, unless other terms of use are provided by DMF Holdings with such <br />Updates. <br />5. SOFTWARE DELIVERY. Unless purchased at an Enterprise level, the Product <br />and any associated materials are provided in electronic format only via the ASP <br />hosted plan. The delivery of product will be retained through a URL such as, <br />www.bikeconnect.org/YOURNAME or some other agreeable naming convention. <br />6. UPGRADES. Upgrades of the software will be completed from time to time. Any <br />associated standard upgrades will be provided to User a nd integrated as User <br />deems appropriate. Module or cost module upgrades, unless part of this EULA, <br />will be offered to User on a case per case basis. User has the option to <br />purchase or refuse these upgrade modules at their discretion. <br />7. INTELLECTUAL PROPERTY RIGHTS. All title and intellectual property rights in <br />and to the Product (including but not limited to any images, photographs, <br />animations, video, audio, music, text and "applets" incorporated into the Product <br />and any copies of the Product that you are expressly permitted to make herein) <br />are owned by DMF Holdings or its affiliates. All title and intellectual property <br />rights in and to the content which may be accessed through use of the Product <br />are the property of the respective content owner and may be protected by <br />applicable copyright or other intellectual property laws and treaties. This EULA <br />grants you no rights to use such content. All title and intellectual property rights in <br />and to your modifications to the Product, are owned by you provided that such <br />modifications are made available to DMF Holdings free of charge and royalty-free <br />for inclusion in later releases of the Product. All rights not expressly granted are <br />reserved by DMF Holdings. <br />8. NONDISCLOSE AND NONCOMPETITION. <br />a. Both parties recognize that the other party may obtain proprietary and/or <br />confidential information ("Confidential Information") in the course of the <br />business relationship defined herein. Each party therefore agrees that it <br />will not disclose the Confidential Information of the other party to any third <br />party (i) except as provided for in this EULA or as necessary to pursue <br />and implement the business relationships defined herein; (ii) to its <br />[C responsible employees and professional advisors with a bona fide need to <br />"' ? 3 <br />25H-54