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<br />4. Ownership, Protection and Security.
<br />(a) The parties agree that the NEOGOV ~narks and selective Customer utarks may both be displayed on and through
<br />NEOGOV's system(s).
<br />(b) Ownership of any graphics, text, data or other information or content materials and all records and data supplied or
<br />furnisher/ by Customer or its applicants hereunder for incorporation into or delivery through tha application(s) described in this
<br />Agreement shall remain with Customer, and NEOGOV shall cease use of all such material upon termination of this Agreement.
<br />NEOGOV's logos, including the "powered by" logo, will appear on the "employment opportunities", "job description" and
<br />other NEOGOV hosted pages,
<br />(c) Customer acknowledges and agrees that nothing in this Agreement or any other agreement grants Customer any licenses
<br />or other rights with respect to NEOGOV's software system (source code or object code) other than the right to receive Services
<br />as expressly provided herein. NEOGOV shall retain all ownership in the intellectual property and all other proprietary rights
<br />and interests associated with NEOGOV's software system and Services and all components thereof and associated
<br />documentation, except as expressly provided herein. Customer receives no nights to the Licensed Software other than those
<br />specifically granted in Exhibit A. Without limiting Exhibit A, Customer will not (i) modify, create derivative works from,
<br />distribute, publicly display, publicly perforin, or sublicense the Licensed Software; or (ii) reverse engineer, decompile,
<br />disassemble, or otherwise attempt to derive any of the Licensed Software's source code.
<br />(d) NEOGOV grants to Customer a limited license during the terra of this Agreement to use and reproduce NEOGOV's
<br />trademarks and logos for purposes of including such trademarks and logos in advertising and publicity materials and links
<br />solely as permitted hereunder. All uses of such trademarks and logos shall conform to Customer's standard guidelines and
<br />requirements for use of such trademarks and logos.
<br />5. NEOGOV Itenresentations and Warranties.
<br />(a) Service Perjint?rance Tfart-anty. NEOGOV warrants chat it will perform the Services in a rium er consistent with industry
<br />standards reasonably applicable to the performance thereof.
<br />(b) No Other Warranly, EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH IN THIS SECTION 5, THE
<br />SERVICES ARE PROVIDED ON AN "AS IS" BASIS, AND CUSTOMER'S USE OF THE SERVICES IS AT ITS OWN
<br />RISK. NEOGOV DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY AND ALL OTHER EXPRESS AND/OR
<br />IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, ,
<br />NONINFRINGEMENT AND TITLE, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE,
<br />OR TRADE PRACTICE. NEOGOV DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED,
<br />ERROR -FREE, OR COMPLETELY SECURE.
<br />(c) Disclaimer of Actions Caused by and/or Under the Control of Third Parties. NEOGOV DOES NOT AND CANNOT
<br />CONTROL THE FLOW OF DATA TO OR FROM THE NEOGOV SYSTEM AND OTHER PORTIONS OF THE
<br />INTERNET. SUCH FLOW DEPENDS IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES
<br />PROVIDED OR CONTROLLED BY THIRD PARTIES, AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD
<br />PARTIES CAN IMPAIR OR DISRUPT CUSTOMER'S CONNECTIONS TO THE INTERNET (OR PORTIONS
<br />THEREOF). ALTHOUGH NEOGOV WILL USE COMMERCIALLY REASONABLE EFFORTS TO TAKE ALL
<br />ACTIONS IT DEEMS APPROPRIATE TO REMEDY AND AVOID SUCH EVENTS, NEOGOV CANNOT GUARANTEE
<br />THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, NEOGOV DISCLAIMS ANY AND ALL LIABILITY
<br />RESULTING FROM OR RELATED TO SUCH EVENTS,
<br />6. Publicity, Following execution of this Agreement, the parties hereto may issue a press release, the form and substance of
<br />which shall be mutually agreeable to the parties, announcing the relationship created by this Agreement. Except as expressly
<br />contemplated hercin, neither party shall issue any additional press release which mentions the other party or the transactions
<br />contemplated by this Agreement without the prior consent of the other party, which consent shall not be unreasonably withheld.
<br />7, Nondisclosure. Through exercise of each party's rights under this Agreement, each party may be exposed to the other
<br />party's technical, financial, business, marlccthrg, planning, and other information and data, in written, oral, electronic, magnetic,
<br />photographic and/or other forms, including but not limited to (i) oral and written communications of one party with the officers
<br />and staff of the other party which are marked or identified as confidential or secret or similarly marked or identified and (ii)
<br />other communications which a reasonable person would recognize from the surrounding facts and circumstances to be
<br />confidential or secret ("Confidential Information") and trade secrets. In recognition of the other party's need to protect its
<br />NEOGOV
<br />25B-4
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