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6.F. - Page 123 of 180
<br />4. OWNERSHIP AND RESTRICTIONS
<br />4.1 You retain a I I ownership and intellectual property rights in and to Your Content and Your Applications. Oracle or its I icensors
<br />retain all ownership and intellectual property rights to the Services, including Oracle Programs and Ancillary Software, and
<br />derivative works thereof, and to anything developed or delivered by or on behalf of Ora cIeunder this Agreement.
<br />4.2 You may not, and may not causeor permit others to:
<br />a) remove or modify any program markings or any notice of Oracle's or its licensors' proprietary rights;
<br />b) make the programs or materials resultingfromthe Services (excluding Your Content and Your Applications)availablein any
<br />manner to any third party for use in the third party's business operations (unless such access is expressly permitted for the
<br />specific Services You have acquired);
<br />c) modify, make derivative works of, disassemble, decompile, reverse engineer, reproduce, distribute, republish or download
<br />any pa rt of the Services (the foregoing prohibitions include but are not 1 i mited to review of data structures or s i mi la r materials
<br />produced by programs), or access or use the Services in order to build or support, and/or assist a third party in building or
<br />supporting, products or Services competitive to Oracle;
<br />d) perform or discloseany benchmark or performance tests of the Services, includingthe Oracle Programs;
<br />e) perform or discloseanyof the followingsecuritytesting of the Services Environment or associated infrastructure: network
<br />discovery, port and service identification, vulnerability scanning, password cracking, remote access testing, or penetration
<br />testing; and
<br />f) license, sell, rent, lease,transfer, assign, distribute, host, outsource, permit timesharingor service bureau use, or otherwise
<br />commercially exploit or make availablethe Services, Oracle Programs, Ancillary Software, Services Environments or Oracle
<br />materials to any third party, other than as expressly permitted under the terms of the applicable order.
<br />S. SERVICE SPECIFICATIONS
<br />5.1 The Services are subject to and governed by Service Specifications applicable to Your order. Service Specifications may
<br />define provisioning and management processes applicableto the Services (such as capacity planning), types and quantities of
<br />system resources (such as storage al lotments), functional andtechnical aspects of the Oracle Programs, as well as any Services
<br />deliverables. You acknowledge that useof the Services in a manner not consistent with the Service Specifications may adversely
<br />affect Services performance and/or may resultin additional fees. If the Services permit You to exceed the ordered quantity (e.g.,
<br />soft I imits on counts for Users, sessions, storage, etc.), then You areresponsiblefor promptly purchasing such additional quantity
<br />to accountfor Your excess usage. For any month that You do not promptly purchase such additional quantity, Oracle may
<br />require You to pay, in addition to the fees for the additional quantity, an excess usagefee for those Services equivalent to 10%
<br />of the fees for the additional quantity in the month in which such excess usage occurred.
<br />5.2 Oracle may make changes or updates to the Services (such as infrastructure, security, technical configurations, application
<br />features, etc.) duringthe Services Period, includingto reflect changes in technology, industry practices, patterns of system use,
<br />and availabilityof Third Party Content. The Service Specifications aresubjectto change at Oracle's discretion; however, Oracle
<br />changes to the Service Specifications will notresultin a material reduction in the level of performance, security or ava i lability of
<br />the applicable Services provided to You for the duration of the Services Period.
<br />5.3 Your order will specifythe Data Center Region in which Your Services Environment will reside. As described in the Service
<br />Specifications andto the extent a ppl ica ble to the Cloud Services that You have ordered, Oracle wiIIprovide production, test, and
<br />backup environments in the Data Center Region stated in Your order. Oracleand its affiliates may perform certain aspects of
<br />Cloud Services, such as service administration and support, as well as other Services (i ncl uding Professional Services and disaster
<br />recovery), from locations and/or through use of subcontractors, worldwide.
<br />6. USE OF THE SERVICES
<br />6.1 You are responsible for identifying and authenticating all Users, for approving access by such Users to the Services, for
<br />control ling against unauthorized access by Users, and for ma i ntai ni ngthe confidentiality of usernames, passwords and account
<br />information. By federating or otherwise associating Your and Your Users'usernames, passwords and accounts with Oracle, You
<br />accept responsibility for the confidentiality and timely and proper termination of user records in Your local (intra net) identity
<br />EXHIBITID CHERRYROAD/ORACLE CLOUD SERVICES AGREEMENT
<br />ATTY/AGR/2019.118/CHERRYROAD ERP IMPLEMENTATION SERVICES
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