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DocuSign Envelope ID:200AAB67-E05A-478B-A4B7-4394A4F39148
<br /> "User Information" means all information about users, and Client members and personnel and Internet browsers
<br /> (whether or not users), that Client provides to Simpleview hereunder, or that Simpleview otherwise collects, compiles,
<br /> creates or stores in connection with this Agreement and, including without limitation (i) name, address, email address,
<br /> password information, account numbers, financial information, demographic data, marketing data, credit data, any
<br /> other identification data; (ii) any other user data submitted in the course of the access or use of Simpleview Products,-
<br /> and (iii) any information about an identifiable individual that constitutes "personal information" under applicable law.
<br /> On Client's written request or upon termination of this Agreement for any reason, Simpleview will promptly
<br /> provide Client or their vendor(s) backups of Client Content, Work Product, Client Data and User Information such that
<br /> Client and/or their vendor(s) can use the backups to migrate to different CRM or CMS platforms.
<br /> 4.2 Proprietary Rights of Simpleview
<br /> Subject to Client's ownership interest in Client Content, Work Product, Client Data and User Information, all
<br /> materials related to CRM or CMS, programming code and materials previously developed by Simpleview, and any trade
<br /> secrets, know-how, methodologies and processes related to Simpleview's products and services, shall remain the sole
<br /> and exclusive property of Simpleview or its suppliers, including, without limitation, all copyrights, trademarks, patents,
<br /> trade secrets, and any other proprietary rights inherent therein and appurtenant thereto (collectively "Simpleview
<br /> Materials"). Subject to section 5.2 of this Agreement, to the extent, if any, that ownership of the Simpleview Materials
<br /> does not automatically vest in Simpleview by virtue of this Agreement or otherwise, Client hereby transfers and assigns
<br /> to Simpleview all rights, title and interest which Client may have in and to the Simpleview Materials. Client acknowledges
<br /> and agrees that Simpleview is in the business of designing and hosting Web sites, that they offer a licensed CRM and
<br /> CMS product, and that Simpleview shall have the right to provide to third parties services which are the same or similar
<br /> to the Services, and to use or otherwise exploit any Simpleview Materials in providing such services.
<br /> 4.3 Simpleview Notices
<br /> Unless otherwise agreed to in writing by the Parties, Simpleview shall have the right to place proprietary notices of
<br /> Simpleview and its suppliers (including hypertext links related thereto) on the Simpleview Materials and on the Site,
<br /> including developer attribution and hypertext links to Simpleview's web site, and to change or update such notices from
<br /> time to time upon notice to Client. In no event may client remove or alter any Simpleview proprietary notice from the
<br /> Simpleview Materials or the Site without Simpleview's prior written consent. Simpleview may use the name of and
<br /> identify Client as a Simpleview client, in advertising, publicity, or similar materials distributed or displayed to prospective
<br /> clients.
<br /> 5. License
<br /> 5.1 Grant of License - Client
<br /> Client hereby grants to Simpleview a non-exclusive, worldwide, royalty free license for the Initial Term and any
<br /> Renewal Term (as those terms are hereinafter defined) to edit, modify, adapt, translate, exhibit, publish, transmit,
<br /> participate in the transfer of, reproduce, create derivative works from, distribute, perform, display, and otherwise use
<br /> Client Content and Work Product as necessary to render the Services to Client under this Agreement. Simpleview shall
<br /> not, without first obtaining permission from Client, edit, modify, adapt, translate, exhibit, publish, transmit, participate in
<br /> the transfer of, reproduce, create derivative works from, distribute, perform, display, and otherwise use Client Data and
<br /> User Information except as necessary to render the Services to Client under this Agreement.
<br /> 5.2 Grant of License - Simpleview
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