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DocuSign Envelope ID:90A54439-23B9-40AF-8246-BFCAAEAA529D <br /> including all Intellectual Property Rights relating to the End User Data, unless otherwise agreed <br /> upon by End User. <br /> (d) Feedback. Customer grants to Submittable a worldwide, perpetual, irrevocable, royalty-free <br /> license to use and incorporate into the Services any suggestion, enhancement request, <br /> recommendation, correction, or other feedback provided by Customer or Authorized Users relating <br /> to the operation of the Services. <br /> (e) Email Footers. For every email sent on behalf of Customer to End Users or potential End <br /> Users via the Services, Customer acknowledges and agrees that Submittable has the right to add <br /> an identifying footer in accordance with Submittable's standard policies then in effect. <br /> (f) DMCA. Submittable will employ its obligations under the Digital Millennium Copyright Act <br /> of 1998 ("DMCA") in accordance with Submittable's DMCA policy as amended from time to time. <br /> 10. Representations and Warranties. <br /> (a) Submittable Representations, Warranties, and Covenants. Submittable represents, <br /> warrants, and covenants to Customer that Submittable will perform the Services using personnel <br /> of required skill, experience, and qualifications and in a professional and workmanlike manner in <br /> accordance with generally recognized industry standards for similar services and will devote <br /> adequate resources to meet its obligations under this TOS. During the Term of this TOS, <br /> Submittable represents and warrants to Customer that (i) it shall use industry standard <br /> procedures to protect and deny unauthorized access or use of any of Customer Data, or any <br /> corruption, deletion, destruction, or loss of any of Customer Data; (ii) it shall use commercially best <br /> efforts to make the Services available 24 hours a day, 7 days a week aside from temporary <br /> unavailability for scheduled maintenance or for unscheduled emergency maintenance, either by <br /> Submittable or by third-party providers, or because of other causes beyond Submittable's <br /> reasonable control, as more fully described in the Service Level Agreement attached as Exhibit A; <br /> (iii) it shall use commercially reasonable efforts to provide advance notice in writing or by email of <br /> any scheduled service disruption; (iv) the Services will comply with the material functionality <br /> described in the Documentation, this TOS, and the Order Form and that such functionality will be <br /> maintained in all material respects in subsequent upgrades to the Services; and (v) it will make <br /> commercially reasonable efforts to promote Customer's successful utilization of the Services. <br /> Customer must promptly provide Submittable with a written notice that describes any deficiency <br /> in the Services or the warranties contained in this Section (including, as applicable, the service <br /> request number notifying Submittable of the deficiency in the Services). Customer's sole and <br /> exclusive remedy for Submittable's breach of any warranty in this Section shall be Submittable's <br /> commercially best efforts to correct such errors or modify the Services to achieve the material <br /> functionality within a reasonable period of time. <br /> (b) DISCLAIMER OF WARRANTIES. EXCEPT FOR THE LIMITED WARRANTY SET <br /> FORTH IN SECTION 10(a), TO THE MAXIMUM EXTENT PROVIDED BY LAW, ALL <br /> SERVICES AND SUBMITTABLE IP ARE PROVIDED "AS IS." SUBMITTABLE SPECIFICALLY <br /> DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A <br /> PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ALL WARRANTIES <br /> ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE. WITHOUT <br /> LIMITING THE FOREGOING, SUBMITTABLE MAKES NO WARRANTY OF ANY KIND THAT <br /> THE SERVICES OR SUBMITTABLE IP, OR ANY PRODUCTS OR RESULTS OF THE USE <br /> THEREOF, WILL MEET CUSTOMER'S OR ANY OTHER PERSON'S REQUIREMENTS, <br /> OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, OR BE <br /> COMPATIBLE OR WORK WITH ANY SOFTWARE, SYSTEM, OR OTHER SERVICES. ALL <br /> THIRD-PARTY MATERIALS ARE PROVIDED "AS IS"AND ANY REPRESENTATION OR <br /> WARRANTY OF OR CONCERNING ANY THIRD-PARTY MATERIALS IS STRICTLY <br /> BETWEEN CUSTOMER AND THE THIRD-PARTY OWNER OR DISTRIBUTOR OF THE <br /> THIRD-PARTY MATERIALS. <br /> Submittable Customer Terms of Service v1.1 Page 8 of 13 <br />