Orange County NC Website
<br />A-0000000464 <br />CONFIDENTIAL 8 Rev . 03/31/2020 <br />shared with, or used by, any other Third Party. Subscriber may not transfer an Account User’s Access Credentials and/or <br />its right to access and use the Service to a different user. Subscriber shall be solely responsible for any and all activities <br />that occur under its Account, including all acts and omissions of its Account Users. Subscriber shall notify DSI immediately <br />of any unauthorized use of its Account and/or any other breach of security of the Service that it suspects or becomes <br />aware of. <br />(d) Subscriber Responsibilities. Subscriber shall: (i) take appropriate action to ensure that non-Account <br />Users do not access or use the Service or API; (ii) ensure that all Account Users comply with all of the terms and conditions <br />of this Agreement, including the limitations and restrictions set out in Section 2.2(e); (iii) be solely responsible for the <br />accuracy, integrity, legality, reliability and appropriateness of all Subscriber Data created by Account Users using the <br />Service; (iv) access and use the Service solely in compliance with the Documentation and all applicable local, state, federal, <br />and foreign laws, rules, directives and regulations (including those relating to export, homeland security, anti-terrorism, <br />data protection and privacy); (v) allow e-mail notifications generated by the Service on behalf of Subscriber’s Account <br />Users to be delivered to Subscriber’s Account Users; and (vi) promptly update and upgrade its system as requested or <br />required in order to ensure continued performance and compatibility with upgrades to the Service and/or API <br />Modifications (as defined in Section 2.2(g)). Subscriber shall be responsible for any breach of this Agreement by Account <br />Users. <br />(e) Limitations and Restrictions. Subscriber agrees that it shall not, and shall not permit any Third Party to, <br />directly or indirectly: (i) modify, alter, revise, decompile, disassemble, reverse engineer, create derivative works or attempt <br />to derive the source code of the Service or API; (ii) assign, transfer, lease, rent, sublicense, distribute or otherwise make <br />available the Service or API, in whole or in part, to any Third Party, including on a timesharing, software-as-a-service or <br />other similar basis; (iii) share Access Credentials or otherwise allow access or use the Service or API to provide any service <br />bureau services or any services on a similar basis; (iv) use the Service or API in a way not authorized in writing by DSI or <br />for any unlawful purpose; (v) use the Service or API to store or transmit infringing, libelous, or otherwise unlawful or <br />tortious material, or to store or transmit material in violation of Third Part y privacy rights; (vi) attempt to tamper with, <br />alter, disable, hinder, by-pass, override, or circumvent any security, reliability, integrity, accounting or other mechanism, <br />restriction or requirement of the Service or API; (vii) remove, obscure or alter any copyright, trademark, patent or <br />proprietary notice affixed or displayed by or in the Service; (viii) perform load tests, network scans, penetration tests, <br />ethical hacks or any other security auditing procedures on the Service or API; (ix) interfere with or disrupt the integrity or <br />performance of the Service, API or the data contained therein; (x) access or use the Service or API in order to replicate <br />applications, products or services offered by DSI and/or otherwise build a competitive product or service, copy any <br />features, functions or graphics of the Service or API or monitor the availability and/or functionality of the Service or API <br />for any benchmarking or competitive purposes; (xi) under any circumstances, through a Third Party application, a <br />Subscriber Application or otherwise, repackage or resell the Service, API or any DSI data received via API; (xii) store, <br />manipulate, analyze, reformat, print, and display the Content for personal use; and (xiii) upload or insert code, scripts, <br />batch files or any other form of scripting or coding into the Service. Notwithstanding the foregoing restrictions, in the <br />event Subscriber has purchased a Subscription for Commercial Use (as such term is defined below), Subscriber shall be <br />permitted to use the Service to provide Third Party services in cases where such Third Parties access the Subscriber <br />provided applications or services, but where such Third Parties do not have the ability to install, configure, manage or <br />have direct access to the Services. DSI hereby agrees, subject to payment of the applicable fees, to permit such use and <br />the terms of this Agreement, including references to “internal use” and/or “internal business operations” shall be deemed <br />to include and permit such use (hereafter referred to as “Commercial Use“). <br />(f) Additional Service Guidelines. DSI reserves the right to establish or modify general practices and limits <br />concerning use of the Service. DSI shall use reasonable efforts to provide thirty (30) days’ prior notice of any such <br />modification. DSI also reserves the right to block IP addresses originating a Denial of Service (DoS) attack. DSI shall notify <br />Subscriber should this condition exist and inform Subscriber of its action. Once blocked, an IP address shall not be able to <br />access the Service or API and the block may be removed once DSI is satisfied corrective action has taken place to resolve <br />the issue. <br />DocuSign Envelope ID: 4D9EE5C9-1C7C-4BC0-8831-A9615B43A0B9