Software Agreement - The Flybook LLC - East Race Event Payment Software

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9.2 Data About Platform Usage. The Provider automatically collects and stores information about the Customer's use of the Platform (the "Usage Data"), such as dates and times of use by each Authorized User, activities conducted using the Platform, the type ofNveb browser used to access the Platfor€n, the operating system/platfonu the Customer is using, the Customer's IP address, and the Customer's CPU speed. The Provider may use Usage Data for any purpose reasonably related to providing and improving the Platform. For example, the Provider may use the Usage Data forbilling purposes, to track trends and statistics, for maintenance and technical support purposes, to improve the Platform, and to monitor compliance with this Agreement. 9. Representations and Warranties 10,1 Customer Representations and Warranties. The Customer represents and warrants to the Provider tliat: (a) it has the legal right and authority to enter into and perform its obligations under this Agreement; (b) it has the legal right and authority to grant the license granted to the Provider under Section 6 and make the assignment made under Section 4.2 above; and (c) its and its Authorized Users' use of the Platform, Documentation, and Customer Materials will not violate any applicable laws, statutes, ordinances, or regulations. 10.2 Provider Representations and Warranties. The Provider represents and warrants to the Customer that, during the tetra ofthis Agreement: (a) it lifts the legal right and authority to enter into and perform its obligations under this Agreement; (b) it will perform its obligations under this Agreement with reasonable care and skill, and (c) it will rise its best c Worts to ensure that the Platform will be available to the Customer in accordance with the uptinie commitments specified in Schedule 2, 10. Customer Acknowledgments The Customer acknowledges and agrees that: (a) complex software is never wholly free fi-ont defects, errors and bugs, and that the Provider gives no warranty or representation that the Platform will be wholly free from such defects, errors and bugs or that the Pialtornt will be available 100% ofthe time or that Customer's access thereto will be uninterrupted; (b) the Customer, and not the Provider, are responsible for ensuring the compatibility of the Platform with any application, program or software not specifically identified as compatible in Schedule 1; (e) the Provider will not and (toes not purport to provide any legal, taxation, or accountancy advice under this Agreement or in relation to the Platform; and (d) the Provider is not responsible for payments processed, collected, or obtained using the third -party payment collection systems or services nrade available through the Platform. 11. Disclaimer ofWarranties EXCEPT AS SET FORTH 1N SECTION 10.2 OF THIS AGREEMENT, THE PLATFORM, DOCUMENTATION, AND ALL CONTENT AND SERVICES PROVIDED THEREIN ARE PROVIDED "AS IS" AND "AS AVAILABLE." EXCEPT ASSET FOR`IH IN SECTION 10.2, THE PROVIDER EXPRESSLY DISCLAIMS,'T'O THE"• MAXIMUM EXTENT PERMITTED BY HANDA CRAFTED 790 SW Industrial Way Suite 101, Bend, Oregon 97701 p. 855.909.2665 c, info@theflybook.com