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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 />Discloser’s Confidential Information with at least the <br />same degree of care that it uses to protect its own <br />confidential and proprietary information (including <br />but not limited to maintaining reasonable <br />administrative, physical, and technical safeguards) <br />and no less than a reasonable degree of care. Each <br />party has the right to seek an injunction (without <br />having to post a bond) to prevent any breach or <br />continued breach of this section. <br /> <br />5.4. Compelled Disclosure. If the Recipient is <br />required by law or a valid court or government order <br />to disclose any of the Discloser’s Confidential <br />Information, then (to the extent permitted under law) <br />the Recipient shall promptly notify the Discloser in <br />writing of the required disclosure so that the <br />Discloser may seek to protect its Confidential <br />Information. The Recipient shall cooperate with the <br />Discloser in seeking such protection. <br /> <br />6. PROPRIETARY RIGHTS <br /> <br />6.1. Customer Ownership and Licenses. Customer <br />owns all rights, title and interest in and to Customer <br />Data and Reports. During the Term, Customer grants <br />Blazestack a worldwide, non-exclusive, royalty-free, <br />non-sublicensable (except as needed to provide the <br />Service), non-transferable (except as described in <br />Section 11.5 (Assignment)) right to access and use <br />the Customer Data to provide the Service to <br />Customer and to monitor and improve the Service. <br />Blazestack will back up Customer Data, and <br />Customer shall also back up Customer Data during <br />the Term and will not have access to the Customer <br />Data via the Service after the Term. Upon <br />Blazestack’s receipt of a written request for the <br />Customer Data to be returned prior to termination of <br />this Agreement, and except to the extent allowed <br />under this Agreement, Blazestack will return all <br />requested Customer Data in non-proprietary <br />format(s) (eg JSON or CSV) to Customer. Otherwise, <br />Blazestack will delete and destroy all Customer Data <br />upon termination. <br /> <br />6.2. De-Identified Data. Blazestack may collect, <br />develop, create, extract, compile, synthesize, analyze <br />and commercialize statistics, benchmarks, measures <br />and other information based on Aggregated Data <br />(collectively, “De-Identified Data”). De-Identified <br />Data will be owned solely by Blazestack and may be <br />used for any lawful business purpose. “Aggregated <br />Data” means Customer Data that is: (i) anonymized <br />and not identifiable to any person or entity; (ii) <br />combined with the data of other customers or <br />additional data sources; and (iii) presented in a way <br />which does not reveal Customer’s identity or any <br />personally identifying information. <br /> <br />6.3. Feedback. If Customer provides Feedback, <br />Customer grants to Blazestack sole and exclusive <br />ownership of all intellectual property rights to any <br />Feedback and results of the implementation or any <br />such Feedback. “Feedback” means recommendations, <br />suggestions, enhancement requests or any ideas, <br />technology, developments, derivative works, or other <br />intellectual property related to the Service or <br />Blazestack. <br /> <br />6.4. Reservation of Rights. Blazestack and its <br />licensors reserve all right, title and interest in and to <br />the Service, including all related intellectual property <br />rights, subject to the limited rights expressly granted <br />in this Agreement. No other rights are granted to <br />Customer by this Agreement. <br /> <br />7. TERM AND TERMINATION <br /> <br />7.1. Term. The Term begins on the Effective Date <br />and ends on the Termination Date. “Termination <br />Date” means the earlier date of: (i) the expiration or <br />termination of all Order Forms under this Agreement; <br />or (ii) termination of this Agreement under this <br />section. <br /> <br />7.2. Intentionally Omitted. <br /> <br />7.3. Termination for Cause. A party may terminate <br />this Agreement or any applicable Order Form: (i) if <br />the other party is in material breach of this <br />Agreement and fails to cure the breach within 30 <br />days of receiving written notice from the non- <br />breaching party; or (ii) if the other party becomes the <br />subject of a petition in bankruptcy or any proceeding <br />relating to insolvency, receivership, liquidation or <br />assignment for the benefit of creditors. If Customer <br />terminates due to Blazestack’s breach, Customer’s <br />exclusive remedy is a pro-rata reimbursement of <br />prepaid Fees covering the remainder of the Term <br />after the Termination Date. If Blazestack terminates <br />due to Customer’s breach, Customer will pay any <br />unpaid Fees covering the remainder of the Term after <br />the Termination Date. Termination under this section <br />DocuSign Envelope ID: 734E1500-672D-4C8F-8142-2CAAC72A015BDocuSign Envelope ID: 372F227B-55C8-4AAD-815D-E45370F3BFDC