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End User License Agreement (EULA)

System User Guide

261

other products; personalized information, including advertisements, from third parties, unless you elect not

to receive such third party contents ("opt out"); and such other messages as the Company believes may be to

your benefit or interest from time to time.

Article II – PROPRIETARY RIGHTS

a. You hereby agree and acknowledge that (a) the Application and/or Service contains proprietary and

confidential information that is protected by applicable intellectual property and other laws, and (b) The

Company and/or third parties own all right, title and interest in and to the Application and/or the Service and

content, excluding content provided by you, that may be presented or accessed through the Application

and/or the Service, including without limitation all Intellectual Property Rights therein and thereto.

"Intellectual Property Rights" means any and all rights existing from time to time under patent law, copyright

law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights, and any

and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect

worldwide. You agree that you will not, and will not allow any third party to, (1) copy, sell, license, distribute,

transfer, modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or

otherwise attempt to derive source code from the Application or content that may be presented or accessed

through the Application and/or the Service for any purpose, without the express written consent of the

Company, (2) take any action to circumvent or defeat the security or content usage rules provided, deployed

or enforced by any functionality (including without limitation digital rights management functionality)

contained in the Application and/or the Service, (3) use the Application and/or the Service to access, copy,

transfer or retransmit content in violation of any law or third party rights, or (4) remove, obscure, or alter the

Company's copyright notices, trademarks, logos or other proprietary rights notices affixed to or contained

within or accessed in conjunction with or through the Application and/or the Service.

b. USERNAME AND PASSWORD: In order to access and use the Application and/or the Service you must

obtain a valid username and password. You are solely responsible for maintaining the confidentiality of your

username and password. For security reasons and to avoid unauthorized access, you are required to logout in

an orderly manner from the Application at the end of each session. In any case, the Company shall not be

liable for any damage or loss of any kind or nature incurred and/or suffered by you and/or by any third party

as a result of the Application and/or the Service being accessed and/or used by unauthorized user/s.

c. TERMINATION: The License is effective until terminated by you or by the Company by written notice. Your

rights under the License will terminate automatically without prior notice from the Company if you fail to

comply with any Terms and Conditions, or if the term of the Service expires or terminates; in such event the

Company may block you from using and/or accessing the Application and/or the Service and you shall not

have any claim against the Company in connection with such restriction. Upon termination of the License,

you shall cease all use of the Application and/or the Service, and destroy all copies, full or partial, of the

Application.

d. INDEMNITY: To the maximum extent permitted by law, you agree to defend, indemnify and hold harmless

the Company, its affiliates and their respective directors, officers, employees and agents from and against any

and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and

expenses (including attorneys’ fees) arising out of or accruing from your use of the Application and/or the

Service, including your downloading, installation, or use of the Application and/or the Service, or your

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