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4. MAINTENANCE ACCESS
<br />If Kronos, its SWpfiers, or the local access provider, as applicable, requires access to Customer sites in order to maintain or repair the Program,
<br />Customer shall cooperate In a timely mariner and reasonably provide such access and assistance as necessary. As part of Kronos' support
<br />services, Koons will make updates to the Appheations available to Customer at no charge as they are released generally to Kronos' customers.
<br />Customer agrees to receive those updates automatically as part of the Program. Customer may be required to purchase additional Hosting
<br />Related Services to address infrastructure requirements as released by Kronos for a new version of a particular Application.
<br />5. CUSTOMER REPRESENTATIONS AND WARRANTIES; CUSTOMER 013LIGATIONS
<br />5A Customer represents and warrants to Kronos that it has the right to publish and disclose Customers Content In the Program.
<br />5.2 Customer reptesenss and warrants to Kronor that Cuslomer's Content will not: (a) Infringe or violate any U*d-party right, Including (but not
<br />limited to) Intellectual properly, privacy, or pc"icdty rights, (b) be abusive, profane, or offensive to a ressonabler person; or (c) be hatefuf or
<br />threaten(N.
<br />U Customer will, at its own cost and expense, provide all end user equipment, operating systems, and software (Including a web browser) not
<br />provided by Kronos and needed to access and use the Program. Customer will also provide, at Its own cost and expense, all connections from Its
<br />computer systems to the Program, which shal Include an related costs associated with Customer accessing the Program, unless such
<br />connectivity services are purchased from Kmnos as indicated on the Cloud Hosting SSS and Order Form.
<br />5.4 Customer shall not, and shall not pemmft any person or entity under Customers direct or Indirect control to: (a) recirculate, republish,
<br />distribute or otherwise provide across to the Program to any third party; (b) use the Program on a service bureau, time sharing or any almaw
<br />basks, or for the benefit of any other person or entity: (c) alter, enhance or make derivative works of the Program; (d) reverse engineer, reverse
<br />assemble or decompble, or otherwise attempt to derive source code frown, the Program or any software components of the Program, (e) use, or
<br />atfow the use of, the Program In contravention of any applicable law, or rides or regulations of regulatory or administrative organlzadons: (f)
<br />Introduce Into the Program arty virus w other code or routine Intended to disrupt or damage the Program, alter, damage, dekete, retrieve or record
<br />Information about the Program or [is users; or, (g) otherwise act In a fraudulent. malicious or neegl€gent manner when using the Program.
<br />S. CONNECTIVITY AND ACCESS
<br />&I Customer acknowledges that Customer shall (a) be responsible for securing, paying for, and malrrtaln€ng connectivity to the Services
<br />Qnduding any and all related hardware, software, third party services and related equipment and components): and (b) provides Krrms and
<br />Kronos' representatives with such physical or remote access to Customers computer and network environment as Kraros deems reasonably
<br />necessary In order for Kronos to perform its obligations under the Agreement. Customer will make all necessary arrangements as may be
<br />required to provide access to Customers computer and network envimrxnent if necessary for Kronor to perform Its obligations under the
<br />Agreement. Customer agrees that Kronos may audit Customer's use of the Servkes.
<br />►a�ii�l 1\ «l_�i1i��''�'
<br />7.1 In consideration of the delivery of the Program, Customer shall pay Kronos the Monthly Services Fee as defined In the applicable Order
<br />Form. The Monthly Services Fee shall begin to accrue on the date the Order Form and SSS are signed by time parties, and shall be Invoiced
<br />annually In advance.
<br />7.2 Afi fees payable hereunder shall be paid In United States Dollars and sent tc> the attention of Krnnoa as specified on the Invoice. Payment
<br />terms shall be net 30 days following receipt of invoice.
<br />7.3 SLA Credits, If any, which are due and owing to a Customer under an SLA for a particular month of the Program shall be paid by Kronos In
<br />the month following the, month In which the SLA Credits were earned.
<br />S. SERVICE LEVEL AGREEMENT
<br />CUSTOMER'S SOLE AND EXCLUSIVE REMEDY IN THIS EVENT OF ANY SERVICE OUTAGE, INTERRUPTION OR DEFICIENCY OF
<br />SERVICE(S) OR FAILURE BY KRONOS TO MEET THE TERMS OF AN APPLICABLE SLR, SHALL BE THE REMEDIES PROVIDED IN THE
<br />SLA; PROVIDED THAT ANY REMEDIES OR CREDITS CONTAINED IN THE SLA ARE NOT AVAILABLE FOR OUTAGES, INTERRUPTIONS
<br />OR DEFICIENCIES OCCURRING DURING ANY PERIOD IN WHICH CUSTOMER IS IN BREACH OF THIS ADDENDUM OR THE LICENSE
<br />AGREEMENT. KRONOS DISCLAIMS ANY AND ALL OTHER LIABILITIES OR REMEDIES FOR SUCH OUTAGES, INTERRUPTIONS OR
<br />DEFICIENCIES OF SERVICES.
<br />9. LIMITATION OF LIABILITY
<br />IN ADDITION TO THE LIMITAMNS SET FORTH IN THE LICENSE AGREEMENT. EXCEPT WITH RESPECT TO LIABILITY ARISING FROM
<br />KRONOS' GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, KRONOS DISCLAIMS ANY AND ALL LIABILITY AND SERVICE CREDITS,
<br />INCLUDING SUCH LIABILITY RELATED TO A BREACH OF SECURITY OR DISCLOSURE, RESULTING FROM ANY EXTERNALLY
<br />INTRODUCED HARMFUL PROGRAM (INCLUDING VIRUSES, TROJAN HORSES, AND WORMS), CUSTOMER'S CONTENT OR
<br />APPLICATIONS, THIRD PARTY UNAUTHORIZED ACCESS OF EQUIPMENT OR SOFTWARE OR SYSTEMS, OR MACHINE ERROR,
<br />10. DATA SECURITY
<br />10.1 As part of the Program, Kronos shall provide flocs administrative, physical, and technical safeguards for protection of the security,
<br />confidentiality and Integrity of Customer data as described at
<br />httoJlwow.kronor.cnminroducLsJ�mb•gfu(iop{fktarce cen[rab•saaslsecurity-
<br />de%dpUon.asox Customer acknowledges that such safeguards endeavor to mitigate security Incidents, but such Incidents may not be mitigated
<br />entirety or rendered harmless. Customer should consider any particular Krorws supplied security -related safeguard as just one cod to be used as pail
<br />of Customers overall securtly strategy and not a guarantee of security. Both parties agree to cornply with all applicable privacy or data protection
<br />statutes, rules, or regulations govennIng the respecttive actfvvidas of bibs parties under the Agreement.
<br />10.2 As between Cuskhrrer and Krems, all Personalty Identifiable Data Is Cusomers Confidential Information and will remain the property of
<br />Customer. Customer represents that to the best of Customer's knowledge such Personally Identifiable Data supplied to Kronos Is accurate.
<br />Customer hereby consents to the use, processing or disclosure of Personally Identifiable Data by Kronos and Kronos' Supptlers wherever lasted only
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