GENERAL SUPPLY & SERVICES, INC., DBA GEXPRO-2016

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4. Restrictions. 4.1.. Source Data shall remain the property of Customer, and CE shall not disclose Source Data to any third party without the authorization of Customer. GE shall notuse the Source Data for any purpose other than (i) rendering services under this Agreement, and Iii! internally using Source Data to evaluate or improve G E's proprietary technclogg G E shall not disclose the Advisory Intelligence to any third party in a way that identifies Customer, the Monitored Equipment, or any design or performance metrics of either, without the written authorization of C ustofner, 4.2. Customer agrees not to take any action that would IimitGE's independent development. sale, assignment, licensing or use of GE's Software and technology underlying the Internet Advisory Site, or any improvement thereof. This Agreement does not provide Customer with title or ownership of the Internet Advisory Site. Title to and ownership of the Internet Advisory Site and the Advisory Intelligence and all versions, modifications, and enhancements thereof, shall atoll times remain with GE subject only to the rights and privileges expressly granted to Customer herein. S. Term and Termination. 5.1. The R emote Monitoring Servoes shall be provided for an initial term as provided on the Remote Monitoring Schedule. Unless otherwise indicated on the Remote Monitoring Schedule, the Remote Monitoring Services shall automatically be renewed for successive one I II year renewal terms unless a party provides the other party with written notice of Its intent to not renew at least thirty (301 days prior to the end of any term. 5.2. G E shall have the right to terminate the Remote Monitoring Services upon the occurrence of any of the following: (il immediately after Customer uses, copies, or modifies the Advisory Intelligence except as expressly authorized herein; liil immediately after Customer transfers possession of any copy of the Advisory Intelligence to any other party except as expressly authorized herein; (III) thirty 1301 days after G E gives C ustomer notice of C ustamer's material breach of any provision of this Agreement, including any delinquency in Customer's payment of any money due hereunder, unless Customer has cured such breach during such thirty 1301 day period; or hvl immediately after CUSfomer files for bankruptcy becomes insolvent, or makes on assignment for the benefit of creditors. 5.3. Upon termination, Customer's rights hereunder shall immediately cease, and neither Party shall have any further rights or obligations under this Agreement except I it Customer shall remain liable for any outstanding and/or remaining fees, lid Sections 2.4, 3.4, and 5.4 shall survive and remain in effect. 5.4, Upon a material breach of this Agreement, and in addition to any other remedies it may have at law or in equity G E may 1 al deny access by Customer to the Internet Advisory Site, Ibl refuse to generate Advisory Intelligence, and/or Icl declare all obligations immediately due and payable. 5.5. Remote Monitoring Services shall automatically terminate in the event the license to any underlying Software is terminated. 6. Additional Disclaimer of Warranties and Liability 6.1. G E does not and cannot control the flow of data to or from G E's network and other portions of the Internet. S non flow depends in large part on the performance of Internet services provided or controlled by third parties. At times, actions or inactions of such third parties can impair or disrupt customers' connections to the Internet for portions thereofl. Although G E will use commercially reasonable efforts to take all actions it deems appropriate to remedy and avoid such events, GE cannot guarantee that such events will not occur. ACCOR DING LY, G E DISCLAIMS ANY AND ALL LIABILITY ARISING OUT OF OR RELATING TO SUCH EVENTS. 6.2. While the Internet Advisory Site provides advisory information regarding equipment condition, it is virtually impossible to guarantee that each and every fault condition can be foreseen or detected. THEREFORE, GE EXPRESSLY DISCLAIMS ALL WARRANTIES THAT ANY PARTICULAR FAILURE OR CONDITION OF THE MONITORED EQUIPMENT WILL BE DETECTED OR ANY PARTICULAR AMOUNT OF ADVANCE WARNING OF AN IMPENDING FAILURE WILL BE PROVIDED. 6.3 The Remote Monitoring Services provide Advisory Intelligence but do not perform any automated control, and G E has no control over decisions made or actions taken on the basis of any such generated information. G E makes no guarantees of the accuracy of the Advisory Intelligence with respect to actual equipment faults or events. Customer assumes total responsibility for Customer's use of the Internet and of the Internet Advisory Site and the Advisory Intelligence. TVIE REFOR E, CUSTOMER BEARS 'r HE ENTIRE RISK OF ANY LIABILITY ARISING OUT OR RELATING TO THE USE OF THE ADVISORY INTELLIGENCE [WHETHER ACCURATE OR OTHERWISEl. B G EIP - Terms and Conditions - 130214