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(e) Active shall not be responsible for processing or malting any refunds, In the event Client initiates a refund, a fee may be charged by Active to Client as set out in the applicable Schedule. Active may set off against user fees collected by Active to the amount of any credit card chargebacks and associated fees applicable to user transactions and to reimburse itself for any overdue fees owed to Active by Client. To the extent that such funds are not available for set off, Client shall promptly reimburse Active for any deficiency. (P) in the event Client is entering into this Agreement and using the Hosted Software for the benefit of a third -party event or organization ( "Third Party Beneficiary "), Client agrees that Active may send fees collected by Active directly to the Third Party Beneficiary. (g) All fees described in the applicable Schedule are in consideration of the Software and Services that Active provides. Active and Client acknowledge that certain credit card network rules and laws prohibit imposing a surcharge that is based on the type of payment method used (e.g., having a different fee for the use of a credit card vs. debit card), and therefore, each agrees not to impose such a surcharge on any End User. 14.2 Subscription fees. To the extent set forth in the applicable Schedule, Client shall pay to Active the Hosted Software subscription fees ( "Subscription Fees ") for the term of this Agreement established in Section 16 below. Client will be invoiced for their first year Subscription Fees upon the first live operational use of the Hosted Software ( "Go -Live Date "), with subsequent annual Subscription Fees being invoiced upon each anniversary of Go -Live Date. Payment will be made Net thirty (30) days from invoice date. 1s. EXCLUSIVITY FOR HOSTED SOFTWARE. During the term of this Agreement, Active will be the sole and exclusive provider of registration and other services similar to the Hosted Software provided to Client hereunder for the events or transactions for which Client is using Active's Software and Services. 16. TERM FOR HOSTED SOFTWARE Unless otherwise provided in the applicable Schedule, Active shall provide to Client, and Client shall license from Active, the Hosted Software commencing on the Effective Date of this Agreement, and remaining in full force for the term of this Agreement, as defined in Section 10.8, APPENDIX 2: TERMS APPLICABLE ONLY TO LICENSED SOFTWARE AND ASSOCIATED SUPPORT AND MAINTENANCE SERVICES 17. ACCESS TO SYSTEM AND OTHER CLIENT OBLIGATIONS 17.1 Access. Client will provide, at no cost to Active: Last revised October 4, 2013 (a) subject to the security requirements of Client, 24 -how' access to Client's system via either an always - available telephone circuit or an always available internet connection to enable Active or its designated representative to perform any of the obligations placed upon Active by this Agreement; and (b) subject to the security requirements of Client, remote dial up /nnternet access methods approved by Active to allow Active to remotely diagnose and correct errors in the Licensed Software and provide other Services. 172 Client Obligations, Without limiting any of Client's other obligations under this Agreement, Client will: (a) use its best efforts to upgrade to any new Release or Version of the Licensed Software as soon as possible after becoming aware of its availability; (b) ensure that at all times at least one current staff person of Client has been fully trained on the Licensed Software; and (c) designate by written notice a single site and single person as the point of contact for telephone or other contact, which site and /or person Client may change upon fourteen (14) days prior notice to Active, 18. GRANT OF LICENSES AND LIMITATIONS THEREON 18.1 Active hereby grants to Client a non - exclusive and non - transferable right and license, subject to this Agreement, to install and /or use the Licensed Software, in the manner and for the term stated in the applicable Schedule and Active provided and related written user documentation as follows: (a) Workstation -Based Modules. In respect of each Workstation -based core Module and each Workstation -based add-on Module, Client may install and use each Module on Workstations to access the Enterprise Database on the Database Server, provided that the number of copies of any particular Module in use does not exceed the number of licenses granted to Client therefor as set out in the applicable Schedule. (b) Server -based Add -on Modules. Client may install and use each server -based Module on as many Workstations as is desired by Client, and Client may use and permit use of such Modules by its clients, all without limit to the number of Users or transactions which simultaneously use any such Module, provided however that: (t) in respect of each TeleReg and Voice Server Module, Client may install one copy of each Module on one IVR Server, provided that the number of copies of any particular Module in use does not exceed the number of licenses granted to Client therefor as set out in the applicable Schedule, and all such Modules together may be in Concurrent Use not to exceed the number of licenses granted to Client for TeleReg Lines Modules as set out in the applicable Schedule; and