Orange County NC Website
EXHIBIT I <br />12 <br />Client shall pay the fees set forth in the Fee Schedule in Exhibit C. Simpieview expressly reserves <br />the right to change the rates charged hereunder for the Services during any Renewal Term, provided, <br />however, that the annual increase for any fee shall not exceed ten percent (10 %) of the fee paid during <br />the immediately preceding 12 -month term. Client shall pay to Simpieview all fees within thirty (30) days <br />of the date of the applicable Simpieview invoice. <br />4. Proprietary Rights <br />4.1 Proprietary Rights of Client <br />Client Content, Client Data and User Information shall remain the sole and exclusive property of <br />Client, including, without limitation, all copyrights, trademarks, patents, trade secrets, and any other <br />proprietary rights. Nothing in this Agreement shall be construed to grant Simpieview any ownership right <br />in the Web site, Client Content, Client Data or User Information. <br />Client Data" means all data and information about Client's businesses, customers (current, former <br />or prospective), employees, operations, facilities, products, markets, assets or finances that Simpieview <br />obtains, creates, generates, collects or processes in connection with this Agreement, and all intellectual <br />property rights in that data and information. Simpieview shall provide Client with copies of the server <br />logs applicable to its web site and reports derived from the server logs at no additional cost. <br />"User Information" means all information about users, and Client members and personnel and <br />Internet browsers (whether or not users), that Client provides to Simpieview hereunder, or that <br />Simpieview otherwise collects, compiles, creates or stores in connection with the access and use of <br />CRM and, including without limitation (i) name, address, email address, password information, account <br />numbers, financial information, demographic data, marketing data, credit data, any other identification <br />data, (ii) any other user data submitted in the course of the access or use of the CRM any Web Site <br />Service, and (iii) any information about an identifiable individual that constitutes "personal information" <br />under applicable law. Simpieview shall provide Client with copies of the server logs applicable to its web <br />site and reports derived from the server logs at no additional cost. <br />On Client's written request or upon termination of this Agreement for any reason, Simpieview will <br />promptly and at no additional cost to Client return or destroy all originals and copies of all documents <br />and materials containing Client Content, Client Data and User Information including reports derived <br />from the server logs. <br />4.2 Proprietary Rights of Simpieview <br />Subject to Client's ownership interest in Client Content, Client Data and User Information, and <br />further subject to Section 1.2 of this Agreement, all materials, including, but not limited, to any computer <br />software (in object code and source code form), script, programming code, data, information or HTML <br />script developed or provided by Simpieview or its suppliers under this Agreement (with the exception of <br />Page 14 <br />