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the Software for timesharing or service bureau purposes, or otherwise use the Software for any commercial purpose; use the
Software for performing comparisons or other "benchmarking" activities, either alone or in connection with any software (and
you will not publish any such performance information or comparisons); or remove any proprietary notices from the Software.
As between the parties, title, ownership rights, and intellectual property rights in and to the Software, and any copies or portions thereof, shall remain in the Company and its suppliers or licensors. You understand that the Company may modify or discontinue offering the Software at any time. The Software is protected by the copyright laws of the United States and international copyright treaties. This Agreement does not give you any rights not expressly granted herein.
3. INTELLECTUAL PROPERTY; CONTENT.As a condition to your use of the Software and the Company web site and service (collectively the "Service"), you agree that you will not use the Software or the Service (a) to infringe the intellectual property
rights or proprietary rights, or rights of publicity or privacy, of any third party; (b) to violate any law, statute, ordinance or regulation; (c) to disseminate content or information ("Content") that is harmful, threatening, abusive, harassing, tortuous,
defamatory, vulgar, obscene, libelous, or otherwise objectionable; and/or (d) to disseminate any software viruses or any other
computer code, files or programs that may interrupt, destroy or limit the functionality of any computer software or hardware or
telecommunications equipment. You, not the Company, are solely responsible for all Content that you upload, post, e-mail,
transmit, or otherwise disseminate using or in connection with the Software or the Service, and you acknowledge and agree
that the Company acts solely as a passive conduit for the transmission of Content. Further, the Company is not obligated to
exercise any screening, editorial, or other control over Content you receive, and such Content may include material that could
be deemed distasteful, misleading, inaccurate, offensive, pornographic or otherwise objectionable. You access all such
Content at your own risk and you will be solely responsible for any damage to your computer systems or loss of data resulting
therefrom. Although the Company has no obligation to monitor any Content disseminated in connection with the Software or
the Service, the Company may do so and may remove or block access to any Content that it believes may be (or alleged to be)
in violation of the restrictions set forth in this paragraph. You also agree to comply with all of the notices, terms and conditions posted on the Company web site, including the Terms and Conditions of Use posted thereon.
4. LICENSE TO THE COMPANY. Any time you create, upload, post or transmit Content that originates with you in connection
with the Service, you grant the Company and its affiliates a royalty- free, perpetual, irrevocable, exclusive, unlimited license
and right (including any moral rights), with right to sublicense, to use and otherwise fully exploit the Content in whole or in
part, in connection with the Service and the advertising and promotion thereof, throughout the world in any form, media, or
technology now known or later developed. You understand and agree that this grants the Company the right without limitation
to use the Content on and in connection with the Service in the following ways: to reproduce it for use on and in connection
with the Service; to distribute, transmit, publicly perform and communicate it to the public on and in connection with the
Service; to modify, adapt and create derivative works of it for technical purposes in connection with such uses; and/or to incorporate it into compilations or collections of other works for such purposes. You also warrant that any time you submit any other
Content originating with a third party, that the holder of any intellectual property or proprietary rights (including any moral
rights) in such original Content has completely and effectively waived all such rights and validly and irrevocably granted to
you the right to grant the license stated above.
5. SUPPORT AND UPGRADES. This Agreement does not entitle you to any support, upgrades, patches, enhancements, or fixes
for the Software (collectively, "Support"). Any such Support for the Software that may be made available by the Company shall
become part of the Software and subject to this Agreement.
6. INDEMNITY.You agree that the Company shall have no liability whatsoever for any use you make of the Software or the
Service. You hereby agree to indemnify and hold harmless the Company from any and all damages, liability, costs, and expenses (including attorney's fees) arising from claims related to your use (and/or use authorized by you) of the Software or the
Service.
7. WARRANTY AND DISCLAIMER. THE COMPANY PROVIDES THE SOFTWARE "AS IS" AND WITHOUT WARRANTY OF ANY KIND,
AND THE COMPANY HEREBY DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE, ACCURACY, RELIABILITY, AND