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Amendment No 2 to Data Sharing Agreement - Continued Use & Support of Data Co – Abernethy Schwartz Partners LLC
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Amendment No 2 to Data Sharing Agreement - Continued Use & Support of Data Co – Abernethy Schwartz Partners LLC
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3/22/2022 4:14:20 PM
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Board of Public Works
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Contracts
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3/22/2022
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Master License Agreement Page 14 of 16 <br />SCHEDULE C <br />Subscription Terms for SaaS Products <br />1.Standard Support Services. Direct support for the SaaS Products is limited to the list of named SaaS <br />Product Administrators, as defined in Schedule B, who will collect and facilitate support requests from <br />Licensee’s SaaS Products users, and interface directly with BlueConduit's SaaS Products support <br />contact. <br />2.Updates and Maintenance for SaaS Products. BlueConduit may perform scheduled maintenance <br />for SaaS Products that will be announced at least one (1) day in advance; and during such time SaaS <br />Products will be unavailable to Licensee. BlueConduit may perform additional unscheduled updates, <br />repairs or maintenance, which may temporarily degrade the quality of the SaaS Products or result in a <br />partial or complete outage of the SaaS Products. BlueConduit shall endeavor to provide notice of such <br />activities, however, BlueConduit provides no assurance that Licensee will receive advance notification. <br />3.Disclaimers. LICENSEE AGREES THAT THE OPERATION AND AVAILABILITY OF THE <br />SYSTEMS USED TO ACCESS AND INTERACT WITH THE SAAS PRODUCTS, INCLUDING <br />TELEPHONE, COMPUTER NETWORKS, AND THE INTERNET, OR TO TRANSMIT <br />INFORMATION, CAN BE UNPREDICTABLE AND MAY, FROM TIME TO TIME, INTERFERE WITH <br />OR PREVENT ACCESS TO OR USE OR OPERATION OF THE SAAS PRODUCTS. <br />BLUECONDUIT SHALL NOT BE LIABLE FOR ANY SUCH INTERFERENCE WITH OR <br />PREVENTION OF LICENSEE’S ACCESS TO OR USE OF THE SAAS PRODUCTS OR T HE <br />IMPACT SUCH INTERFERENCE OR PREVENTION MAY HAVE ON LICENSEE’S ABILITY TO USE <br />THE SAAS PRODUCTS. BLUECONDUIT SHALL NOT BE RESPONSIBLE FOR THE DELETION, <br />CORRUPTION, DESTRUCTION, DAMAGE, LOSS OR FAILURE TO STORE ANY LICENSEE <br />DATA. <br />4.Licensee’s Responsibilities. Licensee shall: (a) notify BlueConduit immediately of any unauthorized <br />use of any password or account or any other known or suspected breach of security; and (b) report to <br />BlueConduit immediately, and use reasonable efforts to stop immediately, any copying or distribution <br />of the SaaS Products that is known or suspected by Licensee. Licensee shall designate and keep in <br />place a qualified individual to create user accounts and otherwise administer Licensee’s use of the <br />SaaS Products (an “Authorized Administrator”). <br />5.Audit. Upon request by Licensee, BlueConduit agrees to complete, within forty-five (45) days of <br />receipt, an audit questionnaire provided by Licensee or Licensee's designee regarding BlueConduit's <br />information security program. BlueConduit will maintain annual SSAE-16 Type II audit reports with <br />SOC2 Type II audit reports on availability, security, confidentiality, privacy and processing integrity (the <br />“Audit Reports”) for datacenters that provide the Services (including storage of any Licensee data) to <br />Licensee. Upon Licensee’s request, BlueConduit shall provide Licensee with the Audit Reports for its <br />review.
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