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In Process <br /> 6 <br />considered as confidential. Confidential Information includes, without limitation: (i) nonpublic <br />information relating to a party’s technology, customers, business plans, promotional and marketing <br />activities, finances and other business affairs; (ii) third-party information that Customer or <br />Company is obligated to keep confidential; (iii) the material terms and conditions of this <br />Agreement; and (iv) any nonpublic information relating to any activities conducted hereunder. <br /> <br /> (b) Exclusions. Notwithstanding the above, the term "Confidential Information" does <br />not include any information that is either: readily discernible from publicly-available products or <br />literature; or approved for disclosure by prior written permission of an executive officer of the <br />disclosing party. <br /> <br /> (c) Use of Confidential Information. Each party shall only use Confidential <br />Information furnished to it hereunder in furtherance of the activities contemplated by this <br />Agreement, and, except as authorized in this Agreement, it shall not disclose the Confidential <br />Information to any other persons without the disclosing party’s express written authorization. <br /> <br /> (d) Required Disclosures. A receiving party may disclose Confidential Information of <br />the disclosing party as required to comply with binding orders of governmental entities that have <br />jurisdiction over it or as otherwise required by law, provided that the receiving party (i) gives the <br />disclosing party reasonable written notice to allow it to seek a protective order or other appropriate <br />remedy (except to the extent compliance with the foregoing would cause the receiving party to <br />violate a court order or other legal requirement), (ii) discloses only such information as is required <br />by the governmental entity or otherwise required by law, and (iii) and uses its best efforts to obtain <br />confidential treatment for any Confidential Information so disclosed. <br /> <br /> (e) Return of Information. Except as set forth otherwise in the specific provisions <br />concerning Customer Data set forth in Section 5(c) above, if a disclosing party so requests at any <br />time, the receiving party shall return promptly all copies, extracts, or other reproductions in whole <br />or in part of the Confidential Information in its possession. <br /> <br /> (f) Survival. The parties hereto covenant and agree that this Section 6 will survive the <br />expiration, termination, or cancellation of this Agreement for a period of 3 years, except for <br />Confidential Information constituting a trade secret, with respect to which this Section will survive <br />the expiration, termination, or cancellation of this Agreement for so long as such Confidential <br />Information remains a trade secret. <br /> <br /> <br /> <br /> <br /> <br />7. SERVICE LEVEL COMMITMENTS; DISCLAIMERS AND LIMITATIONS <br /> <br /> (a) Service Level Commitments. Company guarantees that the System and all Services <br />provided on the System will be accessible to Customer’s authorized Users 95% of the time in any <br />given calendar month, excluding Maintenance Windows. Notwithstanding the foregoing, <br />Company does not guarantee network availability between Customer and the Company hosting <br />DocuSign Envelope ID: EDA3200E-120F-4689-8924-3B3CED1889FFDocuSign Envelope ID: 2803EE47-19DD-4BE6-A7F0-AF245858D0AEDocuSign Envelope ID: BEBA87C4-019E-43DE-AD75-76A3FF9EEEEB