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REV: 07-22-24 MI
<br />continuing availability of such third parties' respective application programming interfaces (APls). Oracle may
<br />need to update, change or modify the Services under this Agreement as a result of a change in, or
<br />unavailability of, such Third Party Content, Third Party Services or APls. If any third party ceases to make its
<br />Third Party Content or APls available on reasonable terms for the Services, as determined by us in our sole
<br />discretion, Oracle may cease providing access to the affected Third Party Content or Third Party Services
<br />without any liability to You. Any changes to Third Party Content, Third Party Services or APls, including their
<br />unavailability, during the Services Period does not affect Your obligations under this Agreement or the
<br />applicable order, and You will not be entitled to any refund, credit or other compensation due to any such
<br />changes.
<br />10.SERVICE MONITORING, ANALYSES AND ORACLE SOFTWARE
<br />10.1 Oracle continuously monitors the Services to facilitate Oracle's operation of the Services; to help resolve
<br />Your service requests; to detect and address threats to the functionality, security, integrity, and availability of
<br />the Services as well as any content, data, or applications in the Services; and to detect and address illegal
<br />acts or violations of the Acceptable Use Policy. Oracle monitoring tools do not collect or store any of Your
<br />Content residing in the Services, except as needed for such purposes. Oracle does not monitor, and does not
<br />address issues with, non-Oracle software provided by You or any of Your Users that is stored in, or run on or
<br />through, the Services. Information collected by Oracle monitoring tools (excluding Your Content) may also be
<br />used to assist in managing Oracle's product and service portfolio, to help Oracle address deficiencies in its
<br />product and service offerings, and for license management purposes.
<br />10.2 Oracle may (i) compile statistical and other information related to the performance, operation and use of
<br />the Services, and (ii) use data from the Services in aggregated form for security and operations
<br />management, to create statistical analyses, and for research and development purposes (clauses i and ii are
<br />collectively referred to as “Service Analyses”). Oracle may make Service Analyses publicly available;
<br />however, Service Analyses will not incorporate Your Content or Confidential Information in a form that could
<br />serve to identify You or any individual. Oracle retains all intellectual property rights in Service Analyses.
<br />10.3 Oracle may provide You with the ability to obtain certain Oracle Software (as defined below) for use with
<br />the Services. If Oracle provides Oracle Software to You and does not specify separate terms for such
<br />software, then such Oracle Software is provided as part of the Services and You have the non-exclusive,
<br />worldwide, limited right to use such Oracle Software, subject to the terms of this Agreement and Your order
<br />(except for separately licensed elements of the Oracle Software, which separately licensed elements are
<br />governed by the applicable separate terms), solely to facilitate Your use of the Services. You may allow Your
<br />Users to use the Oracle Software for this purpose, and You are responsible for their compliance with the
<br />license terms. Your right to use any Oracle Software will terminate upon the earlier of Oracle providing notice
<br />(by web posting or otherwise) or the end of the Services associated with the Oracle Software. Notwithstanding
<br />the foregoing, if Oracle Software is licensed to You under separate third party terms, then Your use of such
<br />software is governed by the separate third party terms. Your right to use any part of the Oracle Software that is
<br />licensed under the separate terms is not restricted in any way by this Agreement.
<br />11.EXPORT
<br />11.1 Export laws and regulations of the United States and any other relevant local export laws and regulations
<br />apply to the Services. Such export laws govern use of the Services (including technical data) and any Services
<br />deliverables provided under this Agreement, and You and Oracle each agree to comply with all such export
<br />laws and regulations (including “deemed export” and “deemed re-export” regulations). You agree that no data,
<br />information, software programs and/or materials resulting from Services (or direct product thereof) will be
<br />exported, directly or indirectly, in violation of these laws, or will be used for any purpose prohibited by these
<br />laws including, without limitation, nuclear, chemical, or biological weapons proliferation, or development of
<br />missile technology.
<br />ATTY/AGR.2024/Amend. No.6/CherryRoad Technologies Inc. (Amendment No.6) (Page 9 of 16)
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