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 <br />00631494-4 4 Crisis Track License and Service Agreement <br />b) IP in General. We retain all right, title, and interest in and to the Service, including without limitation all <br />intellectual property used to provide the Service and all logos and trademarks reproduced through the <br />Service, and this Agreement does not grant You any intellectual property rights in or to the Service or <br />any of its components other than the limited license to use the Licensed Software. <br />10. REPRESENTATIONS AND WARRANTIES <br />a) Mutual Representations. Each Party represents to the other Party that it: <br />(i) is an entity duly organized and validly existing under the laws of its jurisdiction of organization; <br />(ii) is qualified and licensed to do business and in good standing in every jurisdiction where such <br />qualification and licensing is required for purposes of this Agreement; <br />(iii) has all necessary power and authority to negotiate, execute, deliver and perform its obligations <br />under this Agreement; and <br />(iv) has no pending or threatened claim or litigation known to You that would have a material adverse <br />impact on Your ability to perform as required by this Agreement <br />b) Disclaimers. THE LICENSED SOFTWARE IS PROVIDED "AS IS" AND GEOPLIANT EXPRESSLY <br />DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR <br />OTHERWISE, WITH RESPECT TO THE LICENSED SOFTWARE, MEDIA AND ANY OTHER <br />SERVICES AND MATERIALS PROVIDED TO THE CUSTOMER UNDER THIS AGREEMENT, <br />INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY, FITNESS FOR A <br />PARTICULAR PURPOSE, NON-INFRINGEMENT AND WARRANTIES ARISING FROM A COURSE <br />OF DEALING, USAGE OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, <br />GEOPLIANT PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO <br />REPRESENTATION OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR <br />OTHERWISE, THAT THE LICENSED SOFTWARE WILL MEET THE CUSTOMER'S <br />REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY <br />OTHER SOFTWARE, APPLICATIONS, SYSTEMS OR SERVICES (EXCEPT AS EXPRESSLY SET <br />FORTH IN THE MATERIALS), OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE <br />OR RELIABILITY STANDARDS OR BE ERROR FREE. WITHOUT LIMITING THE GENERALITY OF <br />THE FOREGOING, (I) WE HAVE NO OBLIGATION TO INDEMNIFY OR DEFEND YOU AGAINST <br />CLAIMS RELATED TO INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS; AND (II) WE DO <br />NOT WARRANT THAT THE SERVICE WILL PERFORM WITHOUT ERROR OR IMMATERIAL <br />INTERRUPTION. YOU AGREE THAT GEOPLIANT HAS NO LIABILITY WITH RESPECT TO YOUR <br />USE OF THE SOFTWARE OR YOUR RELIANCE THEREON AND IN NO EVENT SHALL <br />GEOPLIANT BE LIABLE FOR INCOMPLETE OR INACCURATE DATA CONTAINED IN THE <br />SOFTWARE. YOU FURTHER AGREE TO HOLD GEOPLIANT HARMLESS FOR INCIDENTAL OR <br />CONSEQUENTIAL OCCURENCES RESULTING FROM YOUR IMPROPER RELIANCE ON THE <br />DATA CONTAINED IN THE SOFTWARE. <br />c) Usage Limitations. Services may be subject to other limitations, such as, for example, limits on disk <br />storage space, on the number of calls You are permitted to make against Our application programming <br />interface. You must obtain prior authorization by Us if you use Services in public websites. You may <br />be restricted on the number of page views by visitors to those websites. <br />11. RESPONSIBILITY OF THE PARTIES <br />Geopliant agrees that it shall be responsible for its agents’ and employees’ acts and omissions within the <br />scope of their duties under this Agreement which cause injury to persons or property, subject to the <br />limitations of this Agreement. Customer shall be responsible for its agents’ and employees’ acts and <br />omissions within the scope of their duties which cause injury to persons or property. Nothing herein shall <br />be deemed as a waiver of sovereign immunity or other defense available to the Customer or Geopliant. <br />DocuSign Envelope ID: A1FBB564-E645-46C0-9C14-EFF16AB19E59