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<br />A-0000000464
<br />CONFIDENTIAL 9 Rev . 03/31/2020
<br />(g) API Modifications. DSI may modify, amend, change, or deprecate all or part of the API from time-to-
<br />time (an “API Modification”). DSI shall use reasonable efforts to provide thirty (30) day notice to Subscriber of any such
<br />API Modifications. Any changes to new API functions or changes made for legal reasons will be effective immediately. If
<br />Subscriber does not agree to the modification, Subscriber may discontinue use of that API. Subscriber’s continued use of
<br />the API constitutes acceptance of the modifications.
<br /> (h) Links to Third Party Websites. To the extent that the Service links to any Third Party website,
<br />application or service, the terms and conditions thereof shall govern Subscriber’s rights with respect to such website,
<br />application or service, unless otherwise expressly provided DSI. DSI shall have no obligations or liability arising from
<br />Subscriber’s access and use of such linked Third Party websites, applications and services.
<br />(i) Beta Service. From time to time, DSI may make Beta Service available to Subscribers at no charge.
<br />Subscriber may choose to try such Beta Service or not in its sole discretion. Use of Beta Service is at Subscriber’s sole risk
<br />and may contain bugs or errors. Subscriber may discontinue use of the Beta Service at any time, in its sole discretion.
<br />Further, DSI may discontinue any and all Beta Service availability at any time in its sole discretion without notice.
<br />NOTWITHSTANDING THE REPRESENTATIONS, WARRANTIES AND DISCLAIMERS IN SECTION 7, BETA SERVICE AND
<br />DOCUMENTATION, ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND.
<br />DSI EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED
<br />TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-
<br />INFRINGEMENT. DSI SHALL HAVE NO INDEMNIFICATION OBLIGATIONS AND NO LIABILITY OF ANY TYPE WITH RESPECT TO
<br />THE BETA SERVICE UNLESS SUCH EXCLUSION IS UNENFORCEABLE UNDER APPLICABLE LAW IN WHICH CASE DSI’S LIABILITY
<br />WITH RESPECT TO THE BETA SERVICE PROVIDED SHALL NOT EXCEED $500.00.
<br />2.3 Proprietary Rights.
<br />(a) Subscriber acknowledges and agrees that (as between Subscriber and DSI) DSI retains all ownership
<br />right, title, and interest in and to the Service, API, the Documentation and the Content, including without limitation all
<br />corrections, enhancements, improvements to, or derivative works thereof (collectively, “Derivative Works”), and in all
<br />Intellectual Property Rights therein or thereto. To the extent any Derivative Work is developed by DSI based upon ideas
<br />or suggestions submitted by Subscriber to DSI, Subscriber hereby irrevocably assigns all rights to modify or enhance the
<br />Service and/or API using such ideas or suggestions or joint contributions to DSI, together with all Intellectual Property
<br />Rights related to such Derivative Works. Nothing contained in this Agreement shall be construed to convey to Subscriber
<br />(or to any party claiming through Subscriber) any Intellectual Property Rights in or to the Service, API, the Documentation
<br />and the Content, other than the rights expressly set forth in this Agreement.
<br />(b) DSI acknowledges and agrees that (as between Subscriber and DSI) Subscriber retains all ownership
<br />right, title, and interest in and to the Subscriber Data, including all Intellectual Property Rights therein or
<br />thereto. Notwithstanding the foregoing, Subscriber hereby grants DSI and its Affiliates a non-exclusive, royalty-free
<br />license to: (i) access, display, copy, distribute, transmit, publish, disclose and otherwise use all or any portion of the
<br />Subscriber Data to fulfill its obligations under this Agreement. In addition, Subscriber hereby grants DSI a non-exclusive,
<br />royalty-free right to (i) use and incorporate Subscriber’s feedback, including but not limited to suggestions, enhancement
<br />requests, recommendations and corrections (the “Feedback”) relating to the Service and (ii) use aggregated and de-
<br />identified data generated and/or derived by DSI from the Subscriber Data (the “De-Identified Data”) in order to improve
<br />the Service and DSI’s performance hereunder, including without limitation, submitting and sublicensing such De-Identified
<br />Data to Third Parties for analytical purposes, provided that DSI shall take commercially reasonable efforts to conduct such
<br />de-identification in a manner that ensures that such De-Identification cannot be traced back to natural persons.
<br />(c) Subscriber acknowledges the Services may utilize, embed or incorporate Third Party software and/or tools
<br />(each, a “Third-Party Tool”) under a license granted to DSI by one or more applicable Third Parties (each, a “Third-Party
<br />Licensor”), which licenses DSI the right to sublicense the use of the Third-Party Tool solely as part of the Services. Each
<br />such sublicense is nonexclusive and solely for Subscriber’s internal use and Subscriber shall not further resell, re-license,
<br />DocuSign Envelope ID: 4D9EE5C9-1C7C-4BC0-8831-A9615B43A0B9
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