Schedule 4: CyberSecure

Last Modified: July 29, 2024

If Customer subscribes to CyberSecure (the “Service”), Customer agrees to the following additional terms and conditions. The definition “Customer” under this Schedule shall include Customer’s Authorized Users.

1. Limitations. Customer recognizes and agrees that the Service (i) contains Third Party Materials from a third party (the “Third Party Provider”), (ii) is the property of Provider and the Third Party Provider, (ii) contain valuable assets and proprietary information of Provider and the Third Party Provider, and (iii) are provided to Customer under the terms and conditions of the Agreement and this Schedule. Notwithstanding anything to the contrary in this Agreement, Customer agrees that it shall not do any of the following:
   1. download, use, install, deploy, perform, modify, license, display, reproduce, distribute, or disclose the Third Party Materials (even if merged with other materials as a compilation) other than as permitted under this Agreement;
   2. sell, license, transfer, rent, loan, reproduce, distribute the Third Party Materials to any third party;
   3. share any user authentication information and/or password with any third party to allow such party to access the Third Party Materials;
   4. use the Third Party Materials to affect, respond, or correlate data aggregated from other devices and data sources; or
   5. alter or remove any copyright notice or proprietary legend contained in or on the Service.
2. Reproduction Obligations. If Customer receives any files containing copyright or disclaimer notices, Customer agrees that it shall not modify or delete any such notices.
3. DISCLAIMER OF WARRANTY. THE SERVICE AND THE THIRD PARTY MATERIALS ARE PROVIDED UNDER THIS AGREEMENT ON AN “AS IS” BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT THE SERVICE OR THE THIRD PARTY MATERIALS ARE FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. THE ENTIRE RISK AS TO PERFORMANCE OF THE SERVICE AND THE THIRD PARTY MATERIAL IS WITH CUSTOMER. SHOULD THE SERVICE AND THE THIRD PARTY MATERIALS PROVE DEFECTIVE IN ANY RESPECT, CUSTOMER (NOT THE PROVIDER OR THE THIRD PARTY PROVIDER) ASSUMES THE COST OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. IN NO EVENT WILL STATUTORY WARRANTIES (IF ANY) APPLY UNLESS REQUIRED BY STATUTE NOTWITHSTANDING EXCLUSION BY CONTRACT.

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