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Third party software is licensed to You under the terms of this Agreement. Publicly Available Software is defined in Indemnification section 2.

Either You or We may terminate this Agreement and Your use of this Software for any material breach of this Agreement if such breach is not cured within thirty 30 days following notice to the breaching party. Upon such termination:. The foregoing indemnification obligation excludes any obligation with respect to any component of this Software that is Publicly Available Software, as defined below.

If any infringement claim with respect to Your use of this Software may be or has been asserted, We shall, at Our option and expense, a procure the right to continue using this Software, or b replace or modify this Software to eliminate the infringement while providing functionally equivalent performance.

If neither a or b above are reasonably feasible as determined in Our sole discretion, We may terminate Your license for this Software and refund to You the pro-rata amount of any prepaid fees for the remaining then-current term for this Software. We have no indemnity obligation to You to the extent any infringement or misappropriation claim results from i a correction or modification to this Software not provided by or on behalf of Us, ii materials provided by You in connection with requested customizations or modifications of this Software, or iii use, combination, or incorporation of this Software, or improvements thereto, with products or services not provided by Us.

You acknowledge that the indemnification in this section states Your exclusive remedy and Our sole liability in connection with any claim of infringement. We warrant that the functions contained in this Software will operate in substantial conformity with its documentation and without substantial program errors, but We do not warrant that all defects will be corrected. Our entire liability, and Your exclusive remedy for a breach of this Limited Warranty shall at Our option either be a replacement of the Software with a reasonable alternative, or b termination of this Agreement and a refund to You of the pro-rata amount of any prepaid fees for the remaining then-current term for this Software.

This Limited Warranty does not extend to any claim resulting from Your unauthorized modification of this Software or from use or incorporation of this Software in any manner for which it is not designed or permitted. Publicly Available Software is provided without warranty. The Parties are independent contractors. There is no relationship of partnership, joint venture, employment, franchise or agency created hereby between the parties. This Agreement and Software license may not be resold, assigned or otherwise transferred to another person or entity without Our written permission, which permission shall not be unreasonably withheld.

You agree to comply with all export and import laws and regulations of the United States and other applicable jurisdictions. Without limiting the foregoing, a You represent and warrant that neither You nor Your owners, officers, directors, member company ies and those of Your Affiliates are listed on any U. You agree to keep accurate records sufficient to provide auditable verification that Your use of Our Software is in compliance with the terms and conditions of this Agreement.

We, or Our specifically designated representatives, have the right to verify Your compliance with this Agreement, at Our expense, during the term of this Agreement and for a period of one 1 year thereafter. Verification will take place upon reasonable notice during normal business hours and in a manner that does not interfere unreasonably with Your operations.

If verification reveals unlicensed use of Our Software, You must promptly order sufficient licenses at Our then-current pricing to permit the usage disclosed. If We undertake such verification and do not find material unlicensed use of Our Software, We will not undertake another verification of the same Licensed Entity for at least one 1 year. Visualize, analyze, and harness the power of your data to solve your toughest business challenges from anywhere on the cloud.

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