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51062.00005\41629185.1 <br />REV: 12-07-23 MI <br />Blazestack Inc. <br />907 Ranch Rd 620 S # 302, Lakeway, TX 78734 <br />hello@blazestack.com <br />(855) 735-6673 <br />CONFIDENTIAL <br />Last updated: May 22, 2023 <br />3. RESPONSIBILITES AND <br />RESTRICTIONS <br />3.1. Blazestack Responsibilities. Blazestack <br />shall: (i) provide Customer with access to the <br />Service in accordance with this Agreement and <br />all applicable laws; and (ii) provide the Service <br />with a minimum of 99.0% Uptime during any <br />calendar month, except Blazestack shall have 2 <br />days to restore availability after any downtime. <br />“Uptime” means the availability of the Service, <br />excluding lack of availability due to Customer or <br />third-party causes, downtime for maintenance, <br />or a Force Majeure Event. Blazestack shall <br />provide Customer with three (3) days’ notice of <br />any scheduled downtime for maintenance <br />purposes and shall make commercially <br />reasonable efforts to conduct such maintenance <br />during non-business hours. <br />3.2. Customer Responsibilities. Customer shall: <br />(i) ensure Users to comply with this Agreement; <br />(ii) ensure that any firewalls or other security <br />measures are properly configured to allow <br />Blazestack internet traffic on the necessary IP <br />addresses and ports; <br />(iii) whitelist any and all *.blazestack.com <br />domains and *@blazestack.com email <br />addresses, and disable any ad blockers, pop-up <br />blockers, content filters, or any other <br />technologies that may interfere with Blazestack <br />security or User usability, in order to enable <br />proper functioning of the Service; (iv) <br />reasonably cooperate with Blazestack so that <br />Blazestack can provide the Service; (v) be <br />responsible for the Customer Data including the <br />accuracy and legality of the Customer Data; (vi) <br />use reasonable efforts to prevent unauthorized <br />access or use of the Service and promptly notify <br />Blazestack if Customer discovers any <br />unauthorized access or use; (vii) use the Service <br />in accordance with this Agreement and <br />applicable laws; and (viii) create Reports in <br />accordance with industry standards. <br />Furthermore, the Customer is responsible for the <br />results of the use of the Service, including any <br />and all Reports, and hereby acknowledges to <br />Blazestack that (a) Customer is solely <br />responsible for any such use of Report and (b) <br />Blazestack is not certifying or validating any <br />portion of the Report. <br />3.3 Restrictions. Only Users may use the Service <br />and only with the account credentials issued to <br />that User. Users may not share their account <br />credentials. Customer shall not, and shall not <br />permit any third party to: (i) use the Service <br />except as expressly authorized under this <br />Agreement; (ii) interfere with or disrupt the <br />integrity or performance of the Service; (iii) <br />rent, lease, lend, sell, sublicense, assign, <br />distribute, publish, transfer or otherwise make <br />the Service available to third parties; (iv) remove <br />any title, trademark, copyright, or restricted <br />rights notices or labels from the Service; (v) <br />modify or create a derivative work of the <br />Service or any portion of the Service; or (vi) <br />reverse engineer, disassemble, decompile, <br />decode, adapt or otherwise attempt to derive or <br />gain access to the source code, object code or <br />underlying structure or algorithms of the <br />Service; (vii) access or attempt to access or use <br />the Services for purposes of competitive analysis <br />of the Services or the development, provision, or <br />use of a competing software service or product. <br />4. FEES <br />4.1. Fees. Subject to the provisions of this <br />Agreement, Customer shall pay all fees specified <br />in all Order Forms (“Fees”). Fees are quoted and <br />payable in United States dollars and are non- <br />refundable, except as described in Section 7 <br />(Term and Termination). Acceptable forms of <br />payment are limited to credit card, ACH, wire <br />transfers and physical check, provided that <br />Blazestack may change acceptable forms of <br />payment upon thirty (30) days’ notice to the <br />Customer. <br />ATTY/AGR.2023.294/Blazestack (Fire Investigation Case Management Software) (Page 4 of 10)