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4. Ownership.Protection and Security. <br /> (a) The parties agree that the NEOGOV marks and the Customer marks shall 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 databases <br /> supplied or furnished by Customer hereunder for incorporation into or delivery through the application(s)described in <br /> this agreement shall remain with Customer,and NEOGOV shall cease use of a I such material upon termination of this <br /> Agreement. <br /> (c) Customer acknowledges and agrees that nothing in this Agreement or an other agreement grants Customer any <br /> licenses or other rights with respect to NEOGOV's software system(source ccm le or object code)other than the right to <br /> receive Services as expressly provided herein. NEOGOV shall retain all own hip in the intellectual property and all <br /> other proprietary rights and interests associated with NEOGOV's software system and Services and all components <br /> thereof and associated documentation,except as expressly provided herein. <br /> (d) NEOGOV grants to Customer a limited license during the term ofthis Agr mentto use and reproduce NEOGOV's <br /> trademarks and logos for purposes of including such trademarks and logos in ad ertising and publicity materials and links <br /> solely as permitted hereunder. All uses of such trademarks and logos shall cor form to Customer's standard guidelines <br /> and requirements for use of such trademarks and logos. <br /> 5. NEOGOV Representations and Warranties. <br /> (a) Service Performance Warranty. NEOGOV warrants that it will perform the Services in a manner consistent with <br /> industry standards reasonably applicable to the performance thereof. <br /> (b) No Other Warranty. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH W THIS SECTION 5,THE <br /> SERVICES ARE PROVIDED ON AN"AS IS"BASIS,AND CUSTOMER'S USE OF THE SERVICES IS AT ITS <br /> OWN RISK. NEOGOV DOES NOT MAKE,AND HEREBY DISCLAIMS,ANY AND ALL OTHER EXPRESS <br /> AND/OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF <br /> MERCHANTABILITY,FITNESS FOR A PARTICULAR PURPOSE,NON INFRINGEMENT AND TITLE,AND <br /> ANY WARRANTIES ARISING FROM A COURSE OF DEALING,USAG ,OR TRADE PRACTICE. NEOGOV <br /> DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPT D,ERROR-FREE,OR COMPLETELY <br /> SECURE. <br /> (c) Disclaimer of Actions Caused by and/or Under the Control of Third Parties. NEOGOV DOES NOT AND <br /> CANNOT CONTROL THE FLOW OF DATA TO OR FROM THE NEOGO SYSTEM AND OTHER PORTIONS <br /> OF THE INTERNET. SUCH FLOW DEPENDS IN LARGE PART ON TNE PERFORMANCE OF INTERNET <br /> SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TI ES,ACTIONS OR INACTIONS OF <br /> SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT CUSTOMER'S CONNECTIONS TO THE INTERNET(OR <br /> PORTIONS THEREOF). ALTHOUGH NEOGOV WILL USE COMMERCIALLY REASONABLE EFFORTS TO <br /> TAKE ALL ACTIONS IT DEEMS APPROPRIATE TO REMEDY AND AVOID SUCH EVENTS, NEOGOV <br /> CANNOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY,NEOGOV DISCLAIMS <br /> ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUC EVENTS. <br /> 6. Publicity. Following execution of this Agreement,the parties hereto m�y issue a press release, the form and <br /> substance of which shall be mutually agreeable to the parties,announcing the lationship created by this Agreement. <br /> Except as expressly contemplated herein,neither party shall issue any additions I press release which mentions the other <br /> parry or the transactions contemplated by this Agreement without the prior co nt of the other party,which consent shall <br /> not be unreasonably withheld. <br /> i <br /> NEOGOV, Inc. Proprietary and Confidential Page 2 of 10 <br /> i <br /> I <br />