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4.4. License Keys. You understand and agree that the Software and Service fnictionalities are enabled through
<br />the use of "license keys" issued by Kaseya. For so long as you are not in breach or default with respect to
<br />any of your obligations to Kaseya, Kaseya will provide you with all license keys necessary to enable you to
<br />make normal use of the Software or Services that you have acquired. You agree that Kaseya may disable or
<br />refuse to renew or replace license keys; rendering some or all aspects of the Software or Services unusable
<br />by you, at any time to enforce its rights under the Agreement.
<br />4.5. Automated Tracking. You understand that the Software and Services are programmed to track the number
<br />of deployed copies of Software, Authorized Machines, users and other usage and user related data, and you
<br />consent to such operations. You at all times will enable, and will not hinder, impede, alter, prevent, or
<br />otherwise distort, the operation of such tracking and reporting functions.
<br />4.6. No Competitors. You may not access or use the Software or Services if you are a competitor of Kaseya or
<br />if you are working in conjunction with or on behalf of a competitor. In addition, you may not access or use
<br />the Software or Service for purposes of monitoring availability, performance or functionality, or for any
<br />other benchmarking or competitive purposes.
<br />4.7. Proprietary Rights. You acknowledge that: (a) Kaseya is the exclusive owner of all trade names,
<br />trademarks, service marks, inventions, copyrights, trade secrets, patents, know-how and other proprietary
<br />rights relating to the Software and Services; and (b) Kaseya may collect the Usage Data, is the exclusive
<br />owner of the Usage Data and may sell, publish or otherwise use the Usage Data for any purpose at its sole
<br />discretion.
<br />4.8. License Subject To Compliance. Your license to the Software and right to access and use the Services are
<br />and shall at all times remain subject to your compliance with all of the terms and conditions of the
<br />Agreement, and shall terminate without notice by Kaseya to you in the event of a breach by you of any of
<br />your obligations under this Section 4 or in the event of any infringement by you of any patents, copyrights,
<br />trade secrets or trademarks of Kaseya. Where you are permitted in accordance with the Agreement to allow
<br />a third party or Affiliate to benefit from the Services and/or Software, you agree to ensure that all such use:
<br />(a) does not exceed your permitted use; (b) is controlled by you; and (c) is otherwise subject to and in
<br />accordance with the terms of the Agreement.
<br />4.9. Named Users. For items under the Named User model, the Named User(s) are the only individual(s)
<br />licensed to use the applicable Software or Services. The maximum number of Named Users is set forth in
<br />the Documentation. There may be only one user/employee assigned to a Named User license. Named User
<br />licenses cannot be shared among multiple individuals and separate Named User licenses must be purchased
<br />for each individual; provided that you may assign a Named User license to a new employee if the former
<br />Named User licensee employee is terminated from employment or permanently assigned to a new job
<br />function not involving the Software or Services. You are responsible for monitoring and maintaining your
<br />use within the foregoing parameters and agree to pay additional license fees at list price for any usage in
<br />violation of this section.
<br />4.10. Microsoft® Windows® Preinstallation Environment License (Windows PE). Kaseya is a licensee
<br />under a license granted by Microsoft with respect to Microsoft Windows Preinstallation Environment
<br />software. Under the Microsoft license: (a) Windows PE is limited to use as a boot, diagnostic, disaster
<br />recovery, set up, restoration, emergency services, installation, test/or configuration utilities program, and is
<br />not for use as a general purpose operating system or as a substitute for a fully functional version of any
<br />operating system products; (b) the Software includes Windows PE, which contains a security feature that
<br />will cause the computer system to reboot without prior notification to the user after 24 hours of continuous
<br />use and THIS TIME-OUT FEATURE WILL RESET EACH TIME THE COMPONENT CONTAINING
<br />THE WINDOWS PREINSTALLATION ENVIRONMENT IS RELAUNCHED; (c) any and all Kaseya and
<br />Microsoft and Microsoft affiliate liability related to the Software is disclaimed in full and without condition;
<br />(d) Microsoft has no support obligations to you; (e) you are specifically prohibited from reverse
<br />engineering, decompiling, or disassembling Windows PE, except to the extent expressly permitted by
<br />applicable law; and (f) you are specifically informed that Windows PE is subject to U.S. export jurisdiction.
<br />4.11. Your Computer Systems and Airtime Services. Except as the Parties expressly agree in writing, Kaseya
<br />has no responsibility for the selection, implementation, interoperability and performance of any and all third
<br />party hardware (including Handheld Product(s)), software and services (including Internet connectivity and
<br />Airtime Services) used in association with the Service or the Software. A subscription for Airtime Services
<br />may be required in order to use certain Software and Services, and if so, you must acquire this subscription
<br />through an Airtime Service Provider directly, which Airtime Services shall be subject to the terms and
<br />conditions of service between you and such Airtime Service Provider. You are responsible for ensuring that
<br />the hardware, software and services with which you choose to operate the Service and the Software meets
<br />Kaseya's minimum requirements, including the processing speed, memory, client software and the
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