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BtrkLon <br />IDentifying Customers- <br />only to Buxton's employees whose duties reasonably require access to such Client Information and <br />who have signed a confidentiality agreement with respect to the same. Buxton shall not share any <br />Client Information with any third party without Client's prior written consent to be determined in <br />Client's sole and absolute discretion. Buxton shall not include any Client Information in any <br />modeling or other compilation of data for Buxton's internal purposes or for Buxton's use with any <br />other clients. Buxton also represents and warrants that it currently follows industry best practices as <br />a means to prevent any compromise of its information systems, computer networks, or data files <br />( "Systems ") by unauthorized users, viruses, or malicious computer programs which could in turn be <br />propagated via computer networks, email, magnetic media or other means to Client. Buxton agrees <br />to immediately give Client written notice if the security of its Systems are breached or compromised <br />in any way. Buxton shall apply appropriate internal information security practices including, but not <br />limited to, using appropriate firewall and anti -virus software, maintaining such countermeasures, <br />operating systems and other applications with up -to -date virus definitions and security patches; <br />installing and operating security mechanisms in the manner in which they were intended; and <br />permitting only authorized users access to computer systems, applications and related links. Buxton <br />specifically agrees to use up -to -date anti -virus tools to remove known viruses from any email <br />message or data transmitted to Client and prevent unauthorized access to any Client Information and <br />systems via Buxton's networks and access codes. This Section 8d shall govern and control over any <br />conflicting provisions in any CommunityID Proposal. <br />e. Compliance with Laws. In performing under this Agreement, Buxton shall, <br />and each service delivered under this Agreement shall, comply with applicable federal, state and <br />local laws, statutes, ordinances, rules, regulations and codes. <br />f. Intellectual Property. Buxton's products and services delivered or <br />performed hereunder do not infringe any United States or foreign patent, trademark, trade secret or <br />copyright, or any other proprietary, intellectual property, industrial property, contract or other right <br />held by any third party. Buxton shall defend at its own expense any suit or action brought against <br />Client based on a claim that Buxton's products or services infringe on any patent or copyright or <br />other intellectual property right, and shall pay all costs and damages awarded there -from. If use of <br />any of Buxton's products and /or services is enjoined, Buxton shall at its option and own expense <br />either produce for Client the right to continue to use such product and /or services, or replace it with a <br />substantially equivalent non - infringing product and /or service, or modify such product and /or <br />service so it becomes non - infringing. <br />g. Software Integrity. Buxton has tested any software that will be used by <br />Client with diligent care with the latest tools for viruses, worms, trap doors, back <br />2651 South Polaris Drive, Fort Worth, TX 76137 - www.buxtonco.com - 888- 2Buxton <br />