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(d) The Platfonu may not be used in any way this is €mlawfid, illegal, fraudulent, harntfi€1, or o(lie rwise prohibiter! by the
<br />terms and conditions ofthis Agreement. By way ofexample, and not as a complete list, the Customer agrees that it and its
<br />Authorized Users will not, directly or indirectly, do any ofthc fallowing or assist or permit any third party to do any ofthe
<br />following:
<br />(i) distribute or make available the Platform andlor Documentation to any third party, except as expressly
<br />authorized herein:
<br />Platform;
<br />(d) reverse engineer, deconnpile, disassemble, translate or othetivise attempt to discover the source code for the
<br />(iii) alter or tamper with the Platform and/or Documentation in any way;
<br />(iv) attempt to defeat any security mcasures that Provider may take to protect the con fide utiality and proprietary
<br />nature ofthe Platfo€7n;
<br />(v) remove, obscure, conceal, or alter any marking or notice of proprietary rights that may appear oil or in the
<br />Platform and/or Documentation,,
<br />(vi) use Personal Data in any way other than in accordance with the relevant individual's consent and in
<br />compliance with all applicable laws and regulations and Customer's own privacy policy;
<br />(vii) modify, translate, adapt or otherwise create derivative works or improvements, whether or not patentable, of
<br />the Platform or any part thereof;
<br />(viii) except as expressly permitted herein, copy the Platform, in whole or in part;
<br />(ix) use the Platform for purposes of competitive analysis ofthe Platform, the development ofa competing sott.vare
<br />platform, product, or service or any other purpose that is to Provider's commercial disadvantage.
<br />3.5 Owne€shin. The Platfonn and Documentation constitute and involve the valuable intellechial property and proprietary
<br />rights ofthe Provider. There is no transfer to the Customer or any Authorized User ofany right, title or ownership its or ofthe
<br />Platform or Documentation, or any patent, copyright, trade secret, trade nattte, trademark, or other intellectual property
<br />rights or proprietary rights therein. It is understood and agreed that the Provider is the sole and exclusive owner ofall right,
<br />title, and interest in and to the Platform and Documentation.
<br />4. Rights and Responsibilities
<br />4.1 Hardware; Solhvare. The Customer acknowledges and agrees that it is exclusively responsible for the purchase,
<br />maintenance and service ofalthardware and software needed to access and use the Platform, as well as torpaying all
<br />necessary third -party access charges incurred while accessing and using the Platfor€tl, including but not limited to: Internet
<br />service and equipment to provide Internet service, and all computers, network, and other devices and system requirements
<br />required to access and use the Platfiornn.
<br />4.2 feedback. The Provider shall be the sole and exclusive owner of, and the Customer hereby assigns to the Provider
<br />Without compensation to the Customer (other than the access to the Platform granted to the Customer in this Agreement), all
<br />rights in any of the Customer's (or any Authorized User's) recommended or requested changes, modifications, upgrades, or
<br />enhancements to the Platfor€n or other feedback about the Platform (collectively, the "Feedback"). The Customer
<br />nANDA CRAFTED
<br />OREGON
<br />790 SW Industrial Way Suite 101, Bend, Oregon 97701
<br />p. 855.909.2665
<br />e. info@theflybook.com
<br />
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