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8.2 Software License. <br /> A. Licensing Requirements. Where software is provided with a Product or Service, Customer is <br /> granted a non-exclusive and non-transferable license or sublicense to use the software,including any <br /> related documentation, solely to enable Customer to use the Products and Services in accordance ' <br /> with the applicable licensing requirements. Software licensing terms and conditions, including end- <br /> user licensing agreements and terms and conditions from Embarq's vendors, may be provided to <br /> Customer through click or shrink-wrap agreements. Embarq may suspend, block or terminate <br /> Customer's use of any software if Customer fails to comply with any applicable licensing <br /> requirement. <br /> B. Prohibitions. Customer is not granted any rights to use any software on behalf of third parties or <br /> related to time share or service bureau activities.No rights are granted to source code,and Customer <br /> will not reverse engineer,decompile,modify,enhance,copy,prepare derivative works,or reproduce <br /> any software. <br /> 8.3 Title to Software or Equipment. Embarq (or Embarq vendors, if applicable) retain title and property <br /> rights to Embarq-provided software and equipment (excluding Products sold to Customer under the <br /> Agreement), including copies, and any related patents, copyrights, trademarks, or IP addresses assigned <br /> to Customer. Upon termination or expiration of the Agreement or an applicable Order, Customer will <br /> surrender and immediately return the Embarq-provided equipment and software,including all copies,to <br /> Embarq or will provide Embarq access to reclaim such equipment and software. <br /> 8.4 Network Management. Embarq reserves the right to perform preventative maintenance and software <br /> upgrades to the Embarq-provided network at its sole discretion on a scheduled or as-needed basis. <br /> Embarq may charge Customer where additional technical limitations or Embarq must construct network <br /> facilities to provide Services to Customer.If software or equipment not provided by Embarq is connected <br /> to Embarq-provided network facilities, Embarq's obligations relate only to the Services under the <br /> Agreement. <br /> 9. USE OF NAME, SERVICE MARKS, TRADEMARKS. Neither party will use the name, service marks, <br /> trademarks, or carrier identification code of the other party or any of its Affiliates for any purpose without the <br /> other party's prior written consent. <br /> 10. CUSTOMER RESPONSIBILITIES. <br /> 10.1 Installation. Customer will reasonably cooperate with Embarq or its agents to install the Products and <br /> Services. Customer is responsible for damage to Embarq-owned Products and Services located on <br /> Customer premises, excluding reasonable wear and tear or damage caused by Embarq. Embarq may <br /> refuse to install Products and Services or may discontinue and disconnect Products and Services without <br /> notice, if any condition on Customer's premises is unsafe or likely to cause injury to any person using <br /> Products and Services. Additional Customer responsibilities relating to a particular Product or Service <br /> may be defined in the applicable Schedules or Product and Service-specific Annexes. <br /> 10.2 Use of Products and Services. <br /> A. Acceptable Use Policy. If Customer purchases Products or Services that connect to the Internet, <br /> Customer must conform to the Embarq acceptable use policy posted to <br /> htt p://www.embarg.conVratesandeonditions,as reasonably amended from time to time. <br /> B. Abuse and Fraud. Customer will not use Products or Services: (1) for fraudulent, unlawful or <br /> destructive purposes, including unauthorized or attempted unauthorized access to, or alteration, <br /> abuse or destruction of,information;or(2)in any manner that causes interference with Embarq's or <br /> another's use of the Embarq-provided network. Customer will cooperate promptly with Embarq to <br /> prevent third parties from gaining unauthorized access to the Products and Services via Customer's <br /> facilities. <br /> C. Resale. <br /> (1) General Prohibition. Except to the extent permitted by state or federal law and regulations, <br /> Customer will not resell Products and Services. Customer will not resell or lease wireless <br /> Services or Products under any circumstances. <br /> #280902 Page 4 of 10 Rev.12.07 <br />