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6.F. - Page 126 of 180
<br />Policy is subject to change at Oracle's discretion; however, Ora clepolicy changes will not result in a material reduction in the
<br />level of protection provided for Your Personal Data provided as part of Your Content during the Services Period of Your order.
<br />10.2 Oracle's Data Processing Agreement for Oracle Cloud Services (the "Data Processing Agreement"), which is available at
<br />http://www.oracle.com/dataprocessingagreement and incorporated herein by reference, describes the parties', and Oracles
<br />respective roles forthe processingand control of Personal Data that You provideto Oralceas partof the Cloud Services. Oracle
<br />will act as a data processor, and will act on Your instruction concerning the treatment of Your Personal Data residing in the
<br />Services Environment, as specified in this Agreement, the Data Processing Agreement and the applicable order. You agree to
<br />provide any notices and obtain any consents relatedto Your use of the Services and Oracle's provision of the Services, including
<br />those related to the collection, use, processing, transfer and disclosureof Personal Data.
<br />10.3 The Service SpecificationsapplicabletoYourorderdefinetheadministrative,physical, technical and other safeguards applied
<br />to Your Content residing in the Services Environment, and describe other aspects of system management applicableto the
<br />Services. You are responsible for any security vulnerabilities, and the consequences of such vulnerabilities, arising from Your
<br />Content and Your Applications, including any viruses, Trojan horses, worms or other programming routines contained in Your
<br />Content or Your Applications that could limit or harm the functionality of a computer or that could damage, intercept or
<br />expropriate data. You may discloseortransfer, or instructOracleto discloseortransfer, Your Content or Your Applications toa
<br />third party, and upon such disclosure or transfer Oracleis no longer responsiblefor the security or confidentiality of such content
<br />and applications outsideofOracle.
<br />10AYou may not provideOracleaccess tohealth, payment card or similarly sensitive personal information that imposes specific
<br />data security obligations for the processing of such data unless specified in Your order. If available, You may purchaseservices
<br />from Oracle (e.g., Oracle Payment Card Industry Compliance Services, Oracle HIPAA Security Services, Oracle Federal Security
<br />Services, etc.) designed to address particulardata protection requirements applicabletoYour business or Your Content.
<br />11. WARRANTIES, DISCLAIMERS AND EXCLUSIVE REMEDIES
<br />11.1 OracleandCherryRoad warrantthat Oraclewill perform Cloud Services in all material respects as described in the Service
<br />Specifications. If the Services provided to You were not performed as warranted, You must promptly prbvide written noticeto
<br />Oraclethat describes the deficiency in the Services (including, as applicable,theservice request number notifying Oracleof the
<br />deficiency in the Services).
<br />11.2 ORACLE AND CHERRYROAD DO NOT GUARANTEE THAT (A) THE SERVICES WILL BE PERFORMED ERROR -FREE OR
<br />UNINTERRUPTED, OR THAT ORACLE WILL CORRECT ALL SERVICES ERRORS, (B) THE SERVICES WILL OPERATE IN COMBINATION
<br />WITH YOUR CONTENT OR YOUR APPLICATIONS, OR WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEMS, SERVICES OR DATA
<br />NOT PROVIDED BY ORACLE, AND (C) THE SERVICES WILL MEET YOUR REQUIREMENTS, SPECIFICATIONS OR EXPECTATIONS. YOU
<br />ACKNOWLEDGE THAT NEITHER ORACLE NOR CHERRYROAD CONTROLS THE TRANSFER OF DATA OVER COMMUNICATIONS
<br />FACILITIES, INCLUDING THE INTERNET, AND THAT THE SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER
<br />PROBLEMS INHERENT IN THE USE OFSUCH COMMUNICATIONS FACILITIES. NEITHER ORACLE NOR CHERRYROAD IS RESPONSIBLE
<br />FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS. NEITHER ORACLE NOR
<br />CHERRYROAD IS RESPONSIBLE FOR ANY ISSUES RELATED TO THE PERFORMANCE, OPERATION OR SECURITY OF THE SERVICES
<br />THAT ARISE FROM YOUR CONTENT, YOUR APPLICATIONS OR THIRD PARTY CONTENT.
<br />11.3 FOR ANY BREACH OF THE SERVICES WARRANTY, YOUR EXCLUSIVE REMEDY AND ORACLE'S AND CHERRYROAD'S ENTIRE
<br />LIABILITY SHALL BE THE CORRECTION OF THE DEFICIENT SERVICES THAT CAUSED THE BREACH OF WARRANTY, OR, IF ORACLE
<br />CANNOT SUBSTANTIALLY CORRECT THE DEFICIENCY IN A COMMERCIALLY REASONABLE MANNER, YOU MAY END THE DEFICIENT
<br />SERVICES AND CHERRYROAD WILL REFUND TO YOU, THE FEES FORTHE TERMINATED SERVICES THAT YOU PAID TO CHERRYROAD
<br />FOR THE PERIOD FOLLOWING THE EFFECTIVE DATE OFTERMINATION.
<br />11.4 TO THE EXTENT NOT PROHIBITED BY LAW, THESE WARRANTIES ARE EXCLUSIVE AND THERE ARE NO OTHER EXPRESS OR
<br />IMPLIED WARRANTIES ORCONDITIONS INCLUDING FOR SOFTWARE, HARDWARE, SYSTEMS, NETWORKS OR ENVIRONMENTS OR
<br />FOR MERCHANTABILITY, SATISFACTORY QUALITY AND FITNESS FOR APARTICULAR PURPOSE.
<br />EXHIBIT D CHERRYROAD/ORACLE CLOUD SERVICES AGREEMENT
<br />ATTY/AGR/2019.118/CHERRYROAD ERP IMPLEMENTATION SERVICES
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