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<br /> CONFIDENTIALITY NOTICE
<br />Not for use or disclosure outside of Acid Remap LLC or Client except as required by law
<br />and is not intended to cause by application of stat-
<br />utory law or otherwise Acid Remap to be deemed
<br />a carrier, bailee, or warehouseman of Client Data,
<br />information, or other property.
<br />4.2 Privacy of Registration Data. In order to
<br />become an authorized subscriber, Client and its
<br />Users may be asked to provide certain personal
<br />data (“Registration Data”). All Registration Data
<br />Client and Users provide to Acid Remap will be,
<br />to the best of the knowledge of Client and Users,
<br />current, accurate and complete at the time of the
<br />inquiry. Acid Remap will not disclose Registration
<br />Data except (i) as required by law or pursuant to a
<br />court order, (ii) as necessary to protect the personal
<br />safety of other Acid Remap subscribers or the pub-
<br />lic, (iii) as necessary to protect or defend the rights
<br />or property of Acid Remap, or (iv) for contacting
<br />Users of the Application. Client shall take all com-
<br />mercially reasonable efforts to ensure that Client’s
<br />account(s) and password(s) are not disclosed to or
<br />used by any unauthorized party, and will promptly
<br />notify Acid Remap upon learning of any such un-
<br />authorized use.
<br />5. WARRANTIES AND DISCLAIMER
<br />OF WARRANTY.
<br />5.1 Acid Remap represents, warrants and
<br />covenants:
<br />(a) That the Applications and any Custom
<br />Applications performs and will substantially per-
<br />form in accordance with the applicable specifica-
<br />tion.
<br />(b) That it has obtained and will continue in
<br />effect all rights and title, including any third party
<br />licenses, required for it to perform its obligations
<br />under this Agreement, including with respect to
<br />any upgrades or other changes to the Application
<br />or any Custom application, provided, that this war-
<br />ranty shall not extend to any specification or Client
<br />Data.
<br />(c) That it uses and will use industry standard
<br />methods to ensure against the unauthorized access
<br />to, disclosure or use of, any Client Data, including
<br />implementation of industry standard information
<br />security methods.
<br />(d) That the Application and any Custom Ap-
<br />plication are and will be served from locations
<br />within the US and that no Client Data will be pro-
<br />cessed by, or stored by, Acid Remap outside of the
<br />United States without the express written consent
<br />of Client. Acid Remap makes no warranties with
<br />respect to data storage, processing or serving by
<br />third parties, including, without limitation the Ap-
<br />ple App Store, Google Play and Amazon Appstore.
<br />5.2 Each party represents and warrants:
<br />(a) That it has the authority to enter into this
<br />Agreement and that doing so will not result in a
<br />breach of any prior agreement.
<br />(b) That it will perform its obligations under
<br />this Agreement in accordance with applicable law,
<br />including all applicable privacy and data protec-
<br />tion laws.
<br />5.3 THE APPLICATION, ACCESS
<br />THERETO, AND ANY SERVICES PRO-
<br />VIDED HEREUNDER ARE PROVIDED ON
<br />AN “AS IS” BASIS, AND ACID REMAP
<br />AND ITS AFFILIATES AND AGENTS:
<br />(I) DO NOT MAKE, AND HEREBY EX-
<br />PRESSLY DISCLAIM, ANY AND ALL
<br />WARRANTIES, WHETHER EXPRESS OR
<br />IMPLIED, INCLUDING, WITHOUT LIMI-
<br />TATION, WARRANTIES OF MERCHANT-
<br />ABILITY, FITNESS FOR A PARTICULAR
<br />PURPOSE, AND ANY WARRANTIES
<br />ARISING FROM COURSE OF DEALING,
<br />USAGE, OR TRADE PRACTICE; (I I) DO
<br />NOT WARRANT THAT ACCESS TO THE
<br />APPLICATION WILL BE UNINTER-
<br />RUPTED, ERROR-FREE, OR SECURE, OR
<br />THAT ANY INFORMATION, SOFTWARE,
<br />OR OTHER MATERIAL ACCESSIBLE
<br />THROUGH THE APPLICATION IS FREE
<br />OF VIRUSES, CANCELBOTS, WORMS,
<br />LOGIC BOMBS, TROJAN HORSES, OR
<br />OTHER HARMFUL CONTENTS OR COM-
<br />PONENTS; AND (III) SHALL IN NO
<br />EVENT BE LIABLE TO CLIENT OR ANY-
<br />ONE ELSE FOR ANY INACCURACY, ER-
<br />ROR OR OMISSION IN, OR LOSS, INJURY
<br />OR DAMAGE (INCLUDING, WITHOUT
<br />DocuSign Envelope ID: 57B81867-7CC5-4DAD-8EC6-2C80F5632E9A
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