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REV: 07-22-24 MI <br />7.4 This Section 7 provides the parties' exclusive remedy for any infringement claims or damages. <br />8.TERM AND TERMINATION <br />8.1.Services provided under this Agreement shall be provided for the Services Period defined in Your <br />order. <br />8.2.Oracle may suspend Your or Your Users access to, or use of, the Services if Oracle believes that (a) <br />there is a significant threat to the functionality, security, integrity, or availability of the Services or any content, <br />data, or applications in the Services; (b) You or Your Users are accessing or using the Services to commit an <br />illegal act; or (c) there is a violation of the Acceptable Use Policy. When reasonably practicable and lawfully <br />permitted, Oracle will provide You with advance notice of any such suspension. Oracle will use reasonable <br />efforts to re-establish the Services promptly after Oracle determines that the issue causing the suspension <br />has been resolved. During any suspension period, Oracle will make Your Content (as it existed on the <br />suspension date) available to You. Any suspension under this Section shall not excuse You from Your <br />obligation to make payments under this Agreement. <br />8.3.If either of us breaches a material term of this Agreement or the order and fails to correct the breach <br />within 30 days of written specification of the breach, then the breaching party is in default and the non- <br />breaching party may terminate this Agreement and Your order. If CherryRoad terminates the order as <br />specified in the preceding sentence, You must pay within 30 days all amounts that have accrued prior to <br />such termination, as well as all sums remaining unpaid for the Services under such order(s) plus related <br />taxes and expenses. Except for nonpayment of fees, the nonbreaching party may agree in its sole discretion <br />to extend the 30 day period for so long as the breaching party continues reasonable efforts to cure the <br />breach. You agree that if You are in default under this Agreement, You may not use those Services ordered. <br />8.4.At the end of the Services Period of an order, Oracle will make Your Content (as it existed at the end of <br />the Services Period) available for retrieval by You during a retrieval period set out in the Service <br />Specifications. At the end of such retrieval period, and except as may be required by law, Oracle will delete or <br />otherwise render unrecoverable any of Your Content that remains in the Services. Oracle's data deletion <br />practices are described in more detail in the Service Specifications. <br />8.5.Provisions that survive termination or expiration of this Agreement are those relating to limitation of <br />liability, indemnification, payment and others which by their nature are intended to survive. <br />9.THIRD-PARTY CONTENT, SERVICES AND WEBSITES <br />9.1 The Services may enable You to link to, transmit Your Content to, or otherwise access third parties' <br />websites, platforms, content, products, services, and information. Oracle and CherryRoad do not control and <br />are not responsible for such Third Party Services. You are solely responsible for complying with the terms of <br />access and use of Third Party Services, and if Oracle accesses or uses any Third Party Services on Your <br />behalf to facilitate performance of the Services, You are solely responsible for ensuring that such access and <br />use, including through passwords, credentials or tokens issued or otherwise made available to You, is <br />authorized by the terms of access and use for such services. If You transfer or cause the transfer of Your <br />Content or Third Party Content from the Services to a Third Party Service or other location, that transfer <br />constitutes a distribution by You and not by Oracle. <br />9.2 Any Third Party Content Oracle makes accessible is provided on an “as-is” and “as available” basis <br />without any warranty of any kind. You acknowledge and agree that Oracle and CherryRoad are not <br />responsible for, and has no obligation to control, monitor, or correct, Third Party Content. Oracle and <br />CherryRoad disclaim all liabilities arising from or related to Third Party Content. <br />9.3 You acknowledge that: (i) the nature, type, quality and availability of Third Party Content may change at <br />any time during the Services Period, and (ii) features of the Services that interoperate with third parties such <br />as Facebook™, YouTube™ and Twitter™, etc. (each, a “Third Party Service”), depend on the <br />ATTY/AGR.2024/Amend. No.6/CherryRoad Technologies Inc. (Amendment No.6) (Page 8 of 16)