|
REV: 03-17-23 MI
<br />such other usage limitations as may be set
<br />forth therein or in the SOW.
<br />1.17.Utility Responsibilities. Utility is
<br />responsible for (i) maintaining the
<br />confidentiality of any user IDs, passwords
<br />and other credentials associated with
<br />Utility’s account, (ii) all activities that occur
<br />with respect to Utility’s account, and (iii) its
<br />and its Authorized Users’ use of the
<br />Platform Services and compliance with this
<br />Agreement, SOW, Dropcountr’s relevant
<br />end user documentation, and all applicable
<br />laws, regulations, and rights of third parties.
<br />The foregoing shall not apply to the use of
<br />the Platform Services by Customers or the
<br />failure of Customers to maintain the
<br />confidentiality of any user IDs, passwords or
<br />other credentials associated with the use of
<br />the Platform Services by Customers. The
<br />sole remedy of Dropcountr for any violation
<br />of the terms of use of the Platform Services
<br />by a Customer will be to deny such
<br />Customer further access to the Platform
<br />Services for which the Customer is
<br />registered. Except for resources that
<br />Dropcountr expressly agrees to provide
<br />under the Order Form or SOW, Utility is
<br />responsible for procuring and maintaining all
<br />computer hardware and software,
<br />equipment, internet connectivity, and other
<br />ancillary services and resources necessary
<br />for it and its Authorized Users to connect to
<br />and make use of the Platform Services, and
<br />for ensuring the security of the foregoing.
<br />1.18.Restrictions. Utility will not, and shall
<br />ensure that its Authorized Users, other than
<br />Customers, do not: (i) copy, reproduce,
<br />modify, decompile, disassemble, or reverse
<br />engineer the Platform Services or any
<br />associated software or materials (except to
<br />the extent that applicable law prohibits or
<br />restricts reverse engineering restrictions);
<br />(ii) except as expressly authorized herein
<br />with respect to making the HOME
<br />Application and BUSINESS Application
<br />available to Customers, provide any third
<br />parties with access to any of the Platform
<br />Services, lease, distribute, sublicense, sell
<br />or otherwise commercially exploit the
<br />Platform Services, or use any of the
<br />Platform Services for time sharing or
<br />similar purposes for the benefit of any
<br />third party; (iii) remove any copyright or
<br />proprietary notices contained in the
<br />Platform Services or any output thereof; (iv)
<br />breach, disable or tamper with, or develop
<br />or use (or attempt) any workaround for, any
<br />security or authentication measures
<br />provided or used by the Platform Services;
<br />(v) access the Platform Services via any
<br />bot, web crawler or non-human user; (vi)
<br />access or use (or permit a third party to
<br />access or use) the Platform Services for any
<br />unlawful purpose or for purposes of
<br />monitoring the availability, performance or
<br />functionality of the Platform Services or for
<br />any other benchmarking or competitive
<br />purposes; or (vii) upload or process any
<br />data or content that infringes the intellectual
<br />property rights, rights of privacy or publicity,
<br />or other proprietary rights of any third party,
<br />or that contains any malware, viruses,
<br />Trojan horses, spyware, worms, or other
<br />malicious or harmful code. Utility will not
<br />knowingly participate in or consent to any
<br />Customer engaging in any of the foregoing
<br />activities.
<br />1.19.Monitoring. Although Dropcountr has
<br />no obligation to monitor Utility’s or any
<br />Customer’s use of the Platform Services or
<br />any portion thereof (except for any user
<br />count limitations as described in the
<br />Agreement), Dropcountr may do so and
<br />may prohibit any use of the Platform
<br />Services that it believes may be, or is
<br />reasonable likely to be, in violation of the
<br />provisions of Section 1.17.
<br />1.20.Technical Support. Subject to the
<br />terms and conditions of this Agreement,
<br />Dropcountr will provide Utility with technical
<br />support services in accordance with the
<br />terms set forth in Section 2 of Exhibit G of
<br />the Agreement.
<br />1.21.PLATFORM AND DATA SECURITY
<br />1.22.Security Measures. Dropcountr will
<br />employ security procedures and other
<br />safeguards as set forth in Exhibit H to the
<br />Agreement.
<br />1.23.IMPLEMENTATION
<br />1.24.Implementation of Platform Services.
<br />Subject to Utility’s compliance with the
<br />terms and conditions of this Agreement,
<br />ATTY/AGR.2023.056/Dropcountr, Inc. (Water Utility Customer Portal) (Page 21 of 32)
|