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improve user satisfaction. During the initial period of this Agreement, the customer understands
<br />that the use of these additional products is included in the originally agreed upon monthly managed
<br />services fees.
<br />At contract renewal, the customer acknowledges that this added functionality may have
<br />additional monthly managed service charges associated with it and that monthly managed services
<br />rates on renewals may have a higher rate than preceding years.
<br />4. CONTENT PROVIDED TO GRANICUS
<br />4.1 Responsibility for Content. The Client shall have sole control and responsibility
<br />over the determination of which data and information shall be included in the Content that is to be
<br />transmitted, including, if applicable, the determination of which cameras and microphones shall be
<br />operational at any particular time and at any particular location. However, Granicus has the right
<br />(but not the obligation) to remove any Content that Granicus believes violates any applicable law
<br />or this Agreement.
<br />4.2 Restrictions. Client shall not provide Granicus with any Content that: (i) infringes
<br />any third party's copyright, patent, trademark, trade secret or other proprietary rights; (ii) violates
<br />any law, statute, ordinance or regulation, including without limitation the laws and regulations
<br />governing export control and e-mail/spam; (iii) is defamatory or trade libelous; (iv) is pornographic
<br />or obscene, or promotes, solicits or comprises inappropriate, harassing, abusive, profane,
<br />defamatory, libelous, threatening, indecent, vulgar, or otherwise objectionable or constitutes
<br />unlawful content or activity; (v) contains any viruses, or any other similar software, data, or
<br />programs that may damage, detrimentally interfere with, intercept, or expropriate any system, data,
<br />information, or property of another.
<br />5. TRADEMARK OWNERSHIP. Granicus and Client's Trademarks are listed in the
<br />Trademark Information exhibit attached as Exhibit D.
<br />5.1 Each Party shall retain all right, title and interest in and to their own Trademarks,
<br />including any goodwill associated therewith, subject to the limited license granted to the Client
<br />pursuant to Section 2 hereof. Upon any termination of this Agreement, each Party's right to use the
<br />other Party's Trademarks pursuant to this Section 5 terminates.
<br />5.2 Each party grants to the other a non-exclusive, non -transferable (other than as
<br />provided in Section 5 hereof), limited license to use the other party's Trademarks as is reasonably
<br />necessary to perform its obligations under this Agreement, provided that any promotional materials
<br />containing the other party's trademarks shall be subject to the prior written approval of such other
<br />party, which approval shall not be unreasonably withheld.
<br />6. LIMITATION OF LIABILITY
<br />6.1 Warranty Disclaimer. Except as expressly provided herein, Granicus' services,
<br />software and deliverables are provided "as is" and Granicus expressly disclaims any and all express
<br />or implied warranties, including but not limited to implied warranties of merchantability, non -
<br />infringement of third party rights, and fitness for a particular purpose. Granicus does not warrant
<br />that access to or use of its software or services will be uninterrupted or error free. In the event of
<br />any interruption, Granicus' sole obligation shall be to use commercially reasonable efforts to
<br />restore access.
<br />6.2 Limitation of Liabilities. To the maximum extent permitted by applicable law,
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