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CONFIDENTIAL ESO ESA v093025 | <br /> <br />“Third-Party Service” means a service not provided by ESO but which is made available by ESO in connection with its <br />Software under an Order. <br />“Third-Party Software” means software not owned by ESO but which is (or access to which is) provided by ESO under an <br />Order. <br />“Use Restrictions” means the restrictions imposed on Customer’s use of Software as described in Section 3.3. <br />“User” means any individual who uses the Software on Customer’s behalf through Customer’s account or passwords. <br />2. SOFTWARE ORDERS. During the Term, Customer may order Software from ESO by signing an <br />appropriate Order. Customer’s license to Licensed Software and its subscription to <br />SaaS are set forth below. Each such Order is incorporated herein by reference. <br />3. LICENSE/SUBSCRIPTION TO SOFTWARE <br />3.1 Grant of Subscription: SaaS. For SaaS, during the Term Customer may access and use the <br />SaaS, with the access and volume limitations set forth on the applicable Order, subject <br />to Customer’s compliance with the Use Restrictions and other limitations contained in <br />this Agreement. Customer acknowledges and agrees that certain ESO products and services <br />may be subject to additional terms and conditions (“Product-Specific Terms”) which may <br />be presented to Customer at the time of execution of this Agreement or upon Customer’s <br />future purchase of such products or services. Product-Specific Terms shall be <br />incorporated into this Agreement by reference through Exhibits appended hereto and <br />shall govern Customer’s use of the applicable product or service in addition to the <br />General Terms and Conditions contained herein. <br />3.2 Grant of License: Licensed Software. For Licensed Software, during the Term ESO hereby <br />grants Customer a limited, non-exclusive, non-transferable, non-assignable, non- <br />sublicensable, revocable license to copy and use the Licensed Software, in such <br />quantities as are set forth on the applicable Order and as necessary for Customer’s <br />internal business purposes, in each case subject to Customer’s compliance with the Use <br />Restrictions and other limitations and obligations contained in this Agreement. <br />3.3 Use Restrictions. Except as provided in this Agreement or as otherwise authorized by <br />ESO, Customer has no right to, and shall not: (a) decompile, reverse engineer, <br />disassemble, print, copy or display the Software or otherwise reduce the Software to a <br />human-perceivable form in whole or in part; (b) publish, release, rent, lease, loan, <br />sell, distribute or transfer the Software to another person or entity; (c) reproduce <br />the Software for the use or benefit of anyone other than Customer; (d) alter, modify or <br />create derivative works based upon the Software either in whole or in part; or (e) use <br />or permit the use of the Software for commercial time-sharing arrangements or providing <br />service bureau, data processing, rental, or other services to any third party <br />(including any affiliate not specifically listed in the applicable Order). <br />3.4 Ownership. The rights granted under the provisions of this Agreement do not <br />constitute a sale of the Software. ESO retains all right, title, and interest in and <br />to the Software, including without limitation all software used to provide the <br />Software and all graphics, user interfaces, logos and trademarks reproduced through <br />the Software, and Feedback, except to the limited extent set forth in this Agreement. <br />This Agreement does not grant Customer any intellectual property rights in the <br />Software or any of its components, except to the limited extent that this Agreement <br />specifically sets forth Customer’s rights to access, use, or copy the Software during <br />the Term. Customer acknowledges that the Software and its components are protected by <br />copyright and other laws. <br />3.5 Third-Party Data, Software and Services. <br />3.5.1 ESO neither accepts liability for, nor warrants the functionality, utility, <br />availability, reliability or accuracy of, Third- Party Software or Third-Party <br />Services. The Third-Party Software “EMS1 Academy” and/or “FireRescue1 Academy” and/or <br />“EMS1 & FireRescue1 Academy – Implementation and Configuration” and/or “Learning <br />Management System” and/or “EVALS Implementation” (collectively, “Education”) is <br />Docusign Envelope ID: 2EFF50EF-3BF5-8C99-8339-765A7C3D837E