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<br />regulations, rules, technology, industry practices, patterns of system use, Updates and Upgrades, and availability
<br />of third-party services.
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<br />7. Maintenance; Modifications; Support Services.
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<br />a) Maintenance, Updates, Upgrades. NEOGOV maintains NEOGOV’s hardware and software infrastructure for
<br />the Services and is responsible for maintaining the NEOGOV server operation and NEOGOV database
<br />security. NEOGOV may in its sole discretion, periodically modify, Update, and Upgrade the features,
<br />components, and functionality of the Services during the Term. “Update” means any update, bug fix, patch
<br />or correction of the Services or underlying NEOGOV software that NEOGOV makes generally available to
<br />its customers of the same module, excluding Upgrades. Updates are automatic and available upon
<br />Customer’s next login to the Services following an Update at no additional cost to Customer. “Upgrade”
<br />means any update of the Services or underlying NEOGOV software such as platform updates, and major
<br />product enhancements and/or new features that NEOGOV makes commercially available. NEOGOV shall
<br />have no obligation to provide Upgrades to customers and retains the right to offer Upgrades free of cost or
<br />on a per customer basis at additional cost. NEOGOV shall have no liability for, or any obligations to,
<br />investments in, or modifications to Customer’s hardware, systems or other software which may be
<br />necessary to use or access the Services due to a modification, Update, or Upgrade of the Services.
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<br />b) Training Materials; Support. Primary training of NEOGOV Services is conducted by self-review of online
<br />materials. NEOGOV’s pre-built, online training consists of a series of tutorials to introduce the standard
<br />features and functions (the “Training Materials”). The Training Materials may be used as reference material
<br />by Customer Personnel conducting day-to-day activities.
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<br />c) Implementation. For Services requiring implementation, NEOGOV implementation supplements the Training
<br />Materials and is conducted off-site unless otherwise agreed in the Ordering Document. NEOGOV personnel
<br />will provide consultation on best practices for setting up the Services, answer Customer questions during the
<br />implementation period, and ensure Authorized User Admins grasp the system.
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<br />d) Support. Phone support for the Services is available to Customer Monday through Friday, excluding
<br />NEOGOV holidays. Online support for the Services is available 24 hours a day, seven days a week. The
<br />length of time for a resolution of any problem is dependent on the type of case.
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<br />e) Limitations. Unless otherwise specified in the Ordering Document, this Agreement does not obligate
<br />NEOGOV to render any maintenance or support services that are not expressly provided herein, including,
<br />but not limited to data uploads, manual data entry, migration services, data conversion, refinement,
<br />purification, reformatting, SQL dump, or process consultation.
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<br />8. NEOGOV Intellectual Property. NEOGOV shall exclusively own all right, title and interest in and to all pre-existing
<br />and future intellectual property developed or delivered by NEOGOV including all Services, products, systems,
<br />software (including any source code or object code) or Service Specifications related thereto, Updates or
<br />Upgrades, trademarks, service marks, logos and other distinctive brand features of NEOGOV and all proprietary
<br />rights embodied therein (collectively, the “NEOGOV Intellectual Property”). This Agreement does not convey or
<br />transfer title or ownership of the NEOGOV Intellectual Property to Customer or any of its users. All rights not
<br />expressly granted herein are reserved by NEOGOV. Other than recommendation use or as required by law, all
<br />use of NEOGOV Trademarks must be pre-approved by NEOGOV prior to use. Trademarks shall include any
<br />word, name, symbol, color, designation or device, or any combination thereof that functions as a source
<br />identifier, including any trademark, trade dress, service mark, trade name, logo, design mark, or domain name,
<br />whether or not registered.
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<br />9. Data Processing and Privacy.
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<br />a) Customer & Platform Data. “Customer Data” shall mean all data that is owned or developed by Customer,
<br />whether provided to NEOGOV by Customer or provided by a third party to NEOGOV in connection with
<br />NEOGOV’s provision of Services to Customer, including Personnel or Job Seeker Profile Data collected,
<br />loaded into, or located in Customer data files maintained by NEOGOV. NEOGOV intellectual property,
<br />including but not limited to the Services and all derivative works thereof, NEOGOV Confidential Information,
<br />and Platform Data do not fall within the meaning of the term “Customer Data”. Customer exclusively own all
<br />right, title, and interest in and to all Customer Data. Customer grants NEOGOV a license to host, use,
<br />process, display, create non-personal derivative works of, and transmit Customer Data to provide the
<br />Services. “Platform Data” shall mean any data reflecting the access or use of the Services by or on behalf of
<br />Customer or any user, including statistical or other analysis and performance information related to the
<br />DocuSign Envelope ID: F4A6FA52-A5F7-4BE8-B437-84F27FE4FB12
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