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 2 <br /> (j) User. “User” means a named individual to whom Customer has granted access to <br />use the System on Customer’s behalf, regardless of whether or not the User actually accesses the <br />Software. Users may be Customer's employees, consultants, contractors or agents. <br /> <br />2. SERVICES <br /> <br /> (a) Services. Company provides a web-browser-based Workplace Incident <br />Management Console and Smartphone/Tablet Workplace Incident Recorder application called <br />“Compatica”, as well as support, maintenance, and updates for the same (the “Service(s)”). <br />Subject to the terms of this Agreement, Company will use commercially reasonable efforts to <br />provide Customer the Services. As part of the registration process, Customer will identify an <br />administrative username and password for Customer’s Company account. Company reserves the <br />right to refuse registration, or cancel passwords if deemed inappropriate. <br /> <br /> (b) Use Rights. The Services may be limited to use by the number of Users for which <br />Customer has paid if such limitation is noted in Section 4(a). Said use rights are non-transferable, <br />except in the event of a voluntary transfer of substantially all assets by Customer to a transferee <br />which executes Company’s form of agreement agreeing to be bound by all of the terms and <br />conditions of this Agreement. All rights in and to the System not expressly granted herein are <br />reserved to Company. <br /> <br /> (c) Use Restrictions. Customer will not, directly or indirectly: reverse engineer, <br />decompile, disassemble or otherwise attempt to discover the source code, object code or <br />underlying structure, ideas, know-how or algorithms relevant to the Services or any of the <br />Components, System, Documentation or data related to the Services (“Software”); modify, <br />translate, or create derivative works based on the Services or any Software (except to the extent <br />expressly permitted by Company or authorized within the Services); use the Services or any <br />Software for timesharing or service bureau purposes or otherwise for the benefit of a third party; <br />or remove any proprietary notices or labels. <br /> <br /> Further, Customer may not remove or export from the United States or allow the export or <br />re-export of the Services, Software or anything related thereto, or any direct product thereof in <br />violation of any restrictions, laws or regulations of the United States Department of Commerce, <br />the United States Department of Treasury Office of Foreign Assets Control, or any other United <br />States or foreign agency or authority. As defined in FAR section 2.101, the Software and <br />documentation are “commercial items” and according to DFAR section 252.227-7014(a)(1) and <br />(5) are deemed to be “commercial computer software” and “commercial computer software <br />documentation.” Consistent with DFAR section 227.7202 and FAR section 12.212, any use <br />modification, reproduction, release, performance, display, or disclosure of such commercial <br />software or commercial software documentation by the U.S. Government will be governed solely <br />by the terms of this Agreement and will be prohibited except to the extent expressly permitted by <br />the terms of this Agreement. <br /> <br /> You acknowledge and agree that Company shall own all right, title and interest in and to <br />all intellectual property rights (including all derivatives or improvements thereof) in the System <br />DocuSign Envelope ID: 384A2FE8-C073-416F-9E68-200418BA99D2