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Revised 01/24 <br />12 <br />5. Limitations on Use of Hosted Services. <br />a. Client’s usage of the Hosted Services in the Juvare Cloud is subject to user limits, capacity and <br />performance constraints. Monthly active users do not equal maximum concurrent users. <br />Concurrent user capacity will be variable based on Juvare Cloud load. <br />b. Access to the Hosted System may not be rented, leased, sold, sub-leased, assigned or otherwise <br />transferred for value or for no value by Client to any third party. <br />c. Hosted System and Hosted Services are provided to support the Software which is an information <br />management tool. Hosted Services are not guaranteed to be fault -tolerant or to provide fail-safe <br />performance. Hosted Services are not appropriate for use in ultra-hazardous environments where <br />failure of the Hosted System or the Juvare Cloud may lead to bodily injury, death or destruction <br />of property. <br />d. Installation of Software applications in the Juvare Cloud is limited to the Software included in the <br />Subscription to Client by Juvare and Software supplied by Juvare either as a component of the <br />Hosted System or to support delivery of Hosted Services. <br />e. Juvare shall only be responsible for performance of components of the Hosted System and <br />Services under its control. Juvare shall not be responsible for performance deficiencies caused by <br />processes, hardware and software beyond its control including, but not limited to, information <br />transmission delays due to excessive internet traffic, internet outages, or failure of Client to <br />perform its obligations under this Agreement. <br />f. Administrators, Sub-Administrators, and Users shall have different rights to access the Software <br />as follows: <br />i. Administrators may access all features of the Software. Certain features of the <br />Software may only be accessed by named users who are granted status as an <br />Administrator (“Administration Tools”). Administration Tools include, without <br />limitation, the following: creation and administration of user accounts; creation and <br />subsequent editing of incidents; software configuration; use of the WebEOC <br />BoardBuilder tool; installation and administration of board sets, plug-ins, modules, <br />interfaces and Software Updates; and access to the Software’s Application <br />Programming Interface. <br />ii. “Sub-Administrator” is a subset of Administrator Users as set forth in this subsection <br />(ii) and such Sub-Administrators are only active if set forth on Exhibit A to this <br />Agreement and if Client has subscribed to the WebEOC Enterprise Software. Sub - <br />Administrator rights also shall be available solely to support management of Sub - <br />Organizations. Sub-Administrators may access the following Administration Tools: <br />creation of user accounts; management of user accounts including definition of roles <br />and permissions; and creation and subsequent editing of incidents. Maintenance of <br />Sub-Administrator rights requires the purchase of an annual “Enterprise” Software <br />Support Plan. If Client elects to discontinue the required Software Support Plan, <br />access to Sub-Administrator features and any other benefits of Enterprise which <br />Juvare may elect to make available from time to time shall be discontinued. <br />iii. Users may not be granted access to any Administration Tools, except that <br />Administrators may grant designated Users rights to create or edit incidents and to <br />add or edit maps in MapTac™. <br />g. Except where otherwise provided in this Agreement, rights to access and use Administrative <br />Tools are given exclusively to the Client and Client may not grant such rights to any third party. <br />h. Client may provide its consultant(s) or independent contractor(s) with access to the Software <br />and Documentation, provided that such consultants or independent contractors are using the <br />Software and Documentation exclusively for the benefit of the Client. Client shall be responsible <br />for compliance by its consultants and independent contractors with the terms and conditions of <br />this Agreement. <br />i. If Client has subscribed to the WebEOC Enterprise Software or the WebEOC Professional <br />Software, then Client may use the WebEOC BoardBuilder tool and, if subscribed to, the <br />DesignStudio® solution, to copy, modify and create forms and templates (“Status Boards”) and <br />Client may distribute, in printed form or as electronic media, the Status Boards to Client’s <br />Docusign Envelope ID: 10CF5D4C-EAD1-4BD2-A3EB-0DC317D2B4F3