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b. The functionality of the Software shall not be materially decreased during the <br />Term; <br />c. NEC disclaims any express or implied warranty that the Software is fit for <br />Subscriber's intended uses or purposes; and <br />d. NEC makes no promise representation or warranty whether express, implied, <br />statutory, or otherwise, with respect to the service, including its condition, its <br />conformity to any representation that the Software or service shall be error -free or <br />will operate without interruptions; <br />e. NEC shall not be responsible for any false positives resulting from incorrectly <br />matched images, nor does NEC guarantee the accuracy of the Software, including <br />the percentage probability of matches or results; <br />£ NEC disclaims all other express or implied warranties. <br />8. Subscriber Warranties. Subscriber mares the following representations and warranties <br />to NEC: <br />a. Subscriber holds the requisite copyrights to Subscriber Data as necessary for the <br />use and sharing of the data under this Agreement; <br />b. Should Subscriber authorize the sharing and use of Subscriber Data with other <br />subscribers as described in Section 5, Subscriber has, at all times during the Term, <br />the requisite rights required to share the Subscriber Data with other subscribers and <br />grants such rights to other subscribers to search and use Subscriber Data; <br />c. The uploading or posting of Subscriber Data through the service by Subscriber does <br />not and shall not violate any third party rights, including, without limitation, any <br />intellectual property or confidentiality rights; <br />d. Subscriber shall abide by its internal policies, including any face recognition <br />policies. If no such facial recognition policy exist, Subscriber shall take necessary <br />measures to implement one. Such policies are consistent with this Agreement; and <br />e. Subscriber personnel shall not upload, post or otherwise transmit to the service any <br />information that is or may be considered "classified" under or subject to export or <br />import control under applicable law. <br />9. Subscription. In addition to any other terms set forth in this Agreement, a Subscription is <br />subject to the following terms and conditions: <br />a. Subscription, including Subscriber Data, shall only be used only for lawful and law <br />enforcement investigative means; <br />3 <br />v11222017 <br />