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<br /> <br />Blazestack Inc. <br /> 907 Ranch Rd 620 S # 302, Lakeway, TX 78734 <br />hello@blazestack.com <br />(855) 735-6673 <br /> <br />CONFIDENTIAL <br />Last updated: October 10, 2023 <br /> <br /> <br />2.2. Use of Service. Customer shall use the Service <br />and the data generated by the Service (“Generated <br />Data”) only for fire investigation purposes. <br /> <br />2.3. System Requirements. Customer shall meet the <br />minimum system requirements for access to the <br />Service, currently set forth at the end of this <br />Agreement but subject to change by Blazestack on a <br />reasonable basis. Blazestack shall provide written <br />notification to Customer for any changes to the <br />minimum system requirements. <br /> <br />2.4. Third-Party Products. Blazestack may offer <br />Customer the ability to use Third Party Products with <br />the Service, subject to Customer’s agreement with <br />any applicable terms and conditions for those Third- <br />Party Products. <br /> <br />3. RESPONSIBILITES AND RESTRICTIONS <br /> <br />3.1. Blazestack Responsibilities. Blazestack shall: (i) <br />provide Customer with access to the Service in <br />accordance with this Agreement and all applicable <br />laws; and (ii) provide the Service with a minimum of <br />99.0% Uptime during any calendar month, except <br />Blazestack shall have 2 business days to restore <br />availability after any downtime. “Uptime” means the <br />availability of the Service, excluding lack of <br />availability due to Customer or third-party causes, <br />downtime for maintenance, or a Force Majeure <br />Event. <br /> <br />3.2. Customer Responsibilities. Customer shall: <br />(i) ensure Users to comply with this Agreement; (ii) <br />cooperate with Blazestack so that Blazestack can <br />provide the Service; (iii) be responsible for the <br />Customer Data including the accuracy, completeness, <br />and legality of the Customer Data; (iv) prevent <br />unauthorized access or use of the Service and <br />promptly notify Blazestack if Customer discovers or <br />reasonably believes any unauthorized access or use <br />has occurred; (v) use the Service in accordance with <br />this Agreement and applicable laws; and (vi) create <br />Reports in accordance with industry standards. <br /> <br />Furthermore, the Customer is responsible for the <br />results of the use of the Service, including any and all <br />Reports, and hereby acknowledges to the Company <br />that (a) Customer is solely responsible for any such <br />use of Report and (b) the Company is not certifying <br />or validating any portion of the Report. <br /> <br />3.3 Restrictions. Only Users may use the Service and <br />only with the account credentials issued to that User <br />by the Customer. Users may not share their account <br />credentials. Customer shall not, and shall not permit <br />any third party to: (i) use the Service except as <br />expressly authorized under this Agreement; (ii) <br />interfere with or disrupt the integrity or performance <br />of the Service; (iii) rent, lease, lend, sell, sublicense, <br />assign, distribute, publish, transfer or otherwise make <br />the Service available; (iv) remove any title, <br />trademark, copyright, or restricted rights notices or <br />labels from the Service; (v) modify or create a <br />derivative work of the Service or any portion of the <br />Service; (vi) reverse engineer, disassemble, <br />decompile, decode, adapt or otherwise attempt to <br />derive or gain access to the source code, object code <br />or underlying structure or algorithms of the Service; <br />(vii) access or attempt to access or use the Services <br />for purposes of competitive analysis of the Services <br />or the development, provision, or use of a competing <br />software service or product; or (viii) copy, record, <br />screenshot, or otherwise capture any aspect of the <br />Service in any medium without the prior written <br />consent of Blazestack. <br /> <br />4. FEES <br /> <br />4.1. Fees; Disputes. Customer shall pay all fees <br />specified in all Order Forms (“Fees”), in an amount <br />not to exceed $12,247. Fees are quoted and payable <br />in United States dollars and are non-refundable, <br />except as described in Section 7 (Term and <br />Termination). Acceptable forms of payment are <br />limited to credit card, ACH, wire transfers and <br />physical check, provided that Blazestack may change <br />acceptable forms of payment upon thirty (30) days’ <br />notice to the Customer. User-Seats purchased but not <br />utilized during the Term are not eligible for refunds. <br />Customer shall not be responsible for costs related to <br />any services in addition to the Service performed by <br />Blazestack unless Customer requests such additional <br />services in writing and such additional services are <br />evidenced by a written amendment to this <br />Agreement. In the event the amount stated on an <br />invoice is disputed by Customer, Customer may <br />withhold payment of the disputed portion until the <br />parties resolve the dispute. Should Blazestack fail to <br />perform its duties under the terms of this Agreement, <br />County may, without fault or penalty, withhold any <br />DocuSign Envelope ID: 734E1500-672D-4C8F-8142-2CAAC72A015BDocuSign Envelope ID: 372F227B-55C8-4AAD-815D-E45370F3BFDC