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Licensee acknowledges that access to and use of the Software and Documentation is dependent <br />on the availability and proper functioning of Salesforce, and specifically the Salesforce Instance, and that <br />Licensor has no control over the Salesforce Instance or Salesforce's services. Licensor hereby disclaims <br />responsibility and liability for any inability to access or use the Software, or degradation of the <br />performance of the Software, to the extent caused by malfunctions, inadequacies, nonperformance, or <br />other difficulties of, or inaccessibility to, the Salesforce Instance. Licensee is solely responsible for the <br />configuration of the Salesforce Instance and all technology and services necessary to access and use the <br />Internet and the Salesforce Instance; <br />Licensee agrees and acknowledges that the Software and Documentation will access and use <br />Licensee's and Authorized Users' information from the Salesforce Instance, but solely to the extent <br />necessary for the Software and Documentation to perform as intended and to enable Licensor to prepare <br />the Usage Reports. Licensee is solely responsible for the accuracy and security of all information in the <br />Salesforce Instance; <br />(c) HUD Housing Counseling System: <br />license(s), or any other form of credentials from HUD for access to HUD's Housing Counseling <br />System ("HCS") 9902 reporting functionality with which the Software is integrated, in order to submit HUD 9902 <br />reports through the HCS web application; and <br />(d) Other: <br />Any other license(s) from third parties necessary or desirable in connection with the operation of <br />the Software and Documentation. <br />Licensee agrees and acknowledges that Licensor shall have no liability whatsoever to Licensee or any <br />third party for any malfunctions, inadequacies, nonperformance, or other difficulties of the Software and/or <br />Documentation resulting from or arising out of Licensee's failure to obtain any Third -Party License. Licensor <br />hereby disclaims any and all warranties, whether express or implied, relating to any functionality of the Software <br />or Documentation that rely on any Third -Party License, and Licensee understands that it assumes all risks of use, <br />quality, and performance in connection with the foregoing. <br />44. I_Jsai 1L .o is and other 1�annie Mae Ike �, iaenaents. Licensee acknowledges that Licensor is obligated to <br />provide Usage Reports to Fannie Mae. Licensee agrees that all right, title, and interest in and to the Usage Reports <br />shall be owned by Licensor and Licensee shall have no rights therein. Licensee shall cooperate fully with Licensor <br />to enable Licensor to meet its obligations to Fannie Mae, including without limitation those relating to the Usage <br />Reports. Licensor acknowledges that all information and data included in the Usage Reports will be anonymized <br />and will not include Nonpublic Personal Information. <br />15. Non . ubllc Pe�N•sonal hilormation. Licensor hereby disclaims all liability and obligations relating to the <br />security of Nonpublic Personal Information in connection with the use of the Software and Documentation and <br />the transmittal of data thereto, therefrom, and through any application to which the Software and Documentation <br />is integrated. Licensee agrees and acknowledges that the security of Nonpublic Personal Information remains <br />solely the responsibility of Licensee and Salesforce, and that Licensee assumes all risks in connection therewith. <br />Notwithstanding the foregoing, in the case of an actual or suspected breach that relates in any manner to <br />Nonpublic Personal Information, Licensee shall (i) immediately notify Licensor upon Licensee becoming aware <br />of such breach, and (ii) cooperate fully with Licensor to enable Licensor to meet its obligations to Fannie Mae. <br />[Signature Page Follows] <br />11 <br />