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acknowledges and agrees that (a) the Customer's, andlor any Authorized User's, Feedback does not contain the
<br />confidential or proprietary information of the Customer, the Authorized User, or any third party; (b) the Customer or the
<br />Authorized User is not under any obligation of confidentiality, express or implied, xvith respect to the Feedback; (c) the
<br />Provider may already have similar changes, modifications, upgrades, or enhancements under consideration or development;
<br />and (d) the Provider is under no obligation to consider or implement the Feedback.
<br />5. Support Services and Upgrades
<br />5.1 Support Services. 'rhe Provider agrees to provide the Support Services set forth in Schedule 2. "r€te Provider may sub-
<br />contract the provision or delivery ofany ofthe Support Services without obtaining the consent ofthe Customer.
<br />5.2 Upgrades, The Provider may, at any time and in its sole discretion, replace, modify, alter, improve, update, enhance, or
<br />otherwise change the Platform and/or Documentation (collectively, "Upgrades"), as further set forth in Schedule 2. In the
<br />event that Upgrades are developed by the Provider, the Provider may, in its sole discretion, make such Upgrades available
<br />to the Customer under the terms ofthis Agreement, so long as the Customer has paid the Charges and any additional
<br />required fees for use of such Upgrades. in the event the Provider makes such Upgrades available to the Customer and the
<br />Customer pays all required fees for use thereof, Upgrades shall be considered the "Platform" or "Documentation," as the
<br />case may be, tinder this Agreement, and shall be subject to the terms and conditions of this Agreement. Notwithstanding the
<br />foregoing, the Customer acknowledges and agrees that the Provider is not required to create or provide, nor does it agree
<br />that it will create or provide, any Upgrades for the Platform.
<br />6. Customer Materials and Data Rights and Responsibilities
<br />6.1 Customer Materials. The Customer hereby grants the Provider a worldwide, perpetual, irrevocable, non-exclusive,
<br />royalty-fi-ee, sublicensable (through multiple tiers ofsubticensing) license to use, reproduce, display, perform, and distribute,
<br />the Customer- Materials in any media tto%v known or hereinafter created and for the purpose ofperforming its obligations
<br />under this Agreement and as otherwise expressly permitted herein.
<br />6.2 Backups. Customer is solely responsible for maintaining backups ofany Customer Materials, including Personal Data,
<br />stored using the Platform. Provider shall have no liability in the event ofany loss, destruction, or corruption ofCustomer
<br />Materials, including data, stored or transmitted using Elie Platform, Customer acknowledges and agrees that it will not have
<br />access to the Customer Materials uploaded to the Platform upon expiration or termination of this Agreement. Customer is
<br />solely respons ble for making copies ofany Customer Materials prior to expiration or termination of this Agreement.
<br />6.3 Payment Processing. `rile Platform enables payment processing through tools provided by third party payment
<br />processors (see "Platform Specifications" below). Such tools include data fields that are clearly pre -designated by Provider
<br />for entry of payment card data to facilitate payment ('Pre -Designated Payment Fields"). Fields that are not clearly pre -
<br />designated for payment card data are not intended to be used to transmit or store Payment Card Data. Customer therefore
<br />agrees to use only Pre -Designated Payment Fields, and not any other fields, for en(ry, transmission or storage ofpaynient
<br />card data. Customer and its Authorized Users shall not create any custom fields for payment card data, and Customer shall
<br />not, and shall not pennit its Authorized Users or third parties to, enter payment card data into any data field other than Pre -
<br />Designated Payment Fields �vitltin the Platform, including any free -text field or custom field created by Customer. Provider
<br />may, but is not required to, search for and delete any Payment Card Data it discovers or finds is being stored by or on behalf
<br />of Customer in data fields other than Pre -Designated Payment Fields. IfCustomer violates the restrictions set forth in this
<br />paragraph, then Customer's use of the Platform for storage or transmission of Payment Card Data shall be at Customer's
<br />HANDA CP.APTP)
<br />790 SW Industrial Way Suite 10I, Bend, Oregon 97701
<br />p. 855.909.2665
<br />e. info@tlieflybook.com
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