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If the Customer does not authorize such services or repairs, Brady may in writing, at Brady's option, terminate Brady's obligation to render
<br />further service to the equipment so affected. In such case no adjustment to the service fee shall be made and no refund of any portion of
<br />the service fee shall be made.
<br />16. Provision Applicable to Security, Intelligent Services, and Building Clarity
<br />a. Definitions
<br /> 1. "Malicious Code” means any virus, worm, time bomb, Trojan horse or other code, file, script, agent, software program or
<br />device that may prevent, impair, or otherwise adversely affect the operation of any computer software, hardware or network, any
<br />telecommunications service, equipment or network or any other service or device; prevent, impair or otherwise adversely affect access to
<br />or the operation of any program or data, including the reliability of any program or data; or adversely affect the user
<br />experience.
<br /> 2. "Customer Data" means all Customer electronic data or information collected through and stored in connection with Brady’s
<br />data monitoring and smart building analytics.
<br /> 3. Subscription Term. The initial data monitoring and smart building analytics term commences on the date that Brady receives
<br />access to the Customer data and continues for as long as set forth in the data monitoring or smart building analytics proposal, subject to
<br />automatic renewal for succeeding 12-month terms.
<br />b. Customer’s Responsibilities
<br /> 1. Customer shall not permit any third party access to Brady’s data monitoring, smart analytics, or physical hardware deployed at
<br />Customer's facilities to enable operation of Brady’s data monitoring or smart analytics, except as expressly permitted herein or in an Order
<br />Form
<br /> 2. Customer shall not modify or create derivative works based on any part or content of Brady’s data monitoring or smart building
<br />analytics.
<br /> 3. Customer shall not copy, frame or mirror any part or content of Brady’s data monitoring or smart building analytics, other than
<br />copying or framing on Customer's own intranets or otherwise for Customer's own internal business purposes.
<br /> 4. Customer shall not reverse engineer, disassemble or decompile Brady’s data monitoring.
<br /> 5. Customer shall not access Brady’s data monitoring or smart building analytics in order to build a competitive product or service
<br />or to copy any features, functions or graphics of Brady’s data monitoring or smart building analytics.
<br /> 6. Customer shall not make Brady’s data monitoring or smart building analytics available to anyone other than the users identified
<br />by the Customer.
<br /> 7. Customer shall not sell, resell, rent, license, share or lease Brady’s data monitoring or smart building analytics.
<br /> 8. Customer shall not use Brady’s data monitoring or smart building analytics to store or transmit infringing, libelous, or otherwise
<br />unlawful or tortious material, or to store or transmit material in violation of third-party privacy rights.
<br /> 9. Customer shall not use Brady’s data monitoring or smart building analytics to store, distribute or transmit Malicious Code.
<br />10. Customer shall not interfere with or disrupt the integrity or performance of Brady’s data monitoring, smart building analytics or third-party
<br />data contained therein.
<br /> 11. Customer shall not attempt to gain unauthorized access to Brady’s data monitoring or smart building analytics or their related
<br />systems or networks.
<br /> 12. Customer may access the smart building analytics solely to view reports of Customer’s own data generated in connection with
<br />the smart building analytics and/or to run analyses of Client Data within the scope of the smart building analytics.
<br /> 13. Customer shall make Customer Data available as reasonably necessary for Brady to provide the services in the proposal.
<br /> 14. Customer shall be solely responsible for the setup, operations, maintenance, security and performance of the Customer’s
<br />computer network, modifications to Customer’s network, network security, firewall settings, and appropriately segregating its customer and
<br />business information to limit Brady’s access to those portions of its network, if any, required to perform the services in the proposal.
<br /> 15. Customer is solely responsible for the accuracy, quality, legality, reliability, and appropriateness of all electronic data made
<br />available hereunder.
<br /> 16. Customer shall not disclose or otherwise provide Brady with access to any information of any type (including any research,
<br />research results, tools, methods, analyses, reports, updates, customizations or other materials or information utilizing Customer Data),
<br />except to the minimum extent necessary for Brady to perform the Services.
<br /> 17. Customer shall not disclose or otherwise provide Brady with access to information that identifies or could be used to identify
<br />an individual person, unless Brady approves in writing in advance.
<br />c. Availability
<br /> Brady shall exercise reasonable care in providing data monitoring and shall use commercially reasonable efforts to make the service
<br />available at all times. Data monitoring and smart building analytics are accessible via the internet and thus subject to limitations, delays,
<br />and other problems inherent to the operation of internet and electronic communications. Brady is not responsible for delivery failures or
<br />other damage resulting from such problems. Where possible, Brady will notify user(s) identified by the Customer during execution of the
<br />Agreement to be the primary contact for Customer, and will raise support issues including the non-availability of Brady’s data monitoring or
<br />smart building analytics. It is the responsibility of the Customer to provide this information to all users of Brady’s data monitoring or smart
<br />building analytics associated with Customer. Brady shall be entitled, without any liability, to carry out ongoing maintenance, updating or
<br />alterations to Brady’s data monitoring and smart building analytics that may result in loss of access from time to time without prior notice.
<br />Service features that interoperate with Brady’s software depend on the continuing availability of the third-party programs for use with the
<br />Brady’s data monitoring and smart building analytics. If said parties cease to make the program available on reasonable terms for Brady’s
<br />data monitoring or smart building analytics, Brady may be interrupted from providing such features without entitling the Customer to any
<br />refund, credit, or other compensation.
<br />d. Data Collection
<br />Where Customer has placed an order that includes Brady’s data monitoring, data will be collected from the designated meters, loggers,
<br />systems, or devices and imported into Brady’s data monitoring. It is Customer’s responsibility to inform Brady of any changes to their
<br />internal network, internet connection, control system, or anything that might affect Brady’s ability to collect data for smart building analytics.
<br />If any such changes have occurred, Customer should raise the issues as a request for support through the local Brady office. Customer is
<br />free to request export of its own data from Brady’s data monitoring at any time.
<br />e. Ownership of Data
<br />All data relating to the performance and condition of Customer building systems that Brady collects in connection with the Brady’s data
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<br />Docusign Envelope ID: 8F5DCB9B-8A3A-4922-BD01-FE7AA100DA32
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