Laserfiche WebLink
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 />and to Customer Data and Reports. During the <br />Term, Customer grants Blazestack a worldwide, <br />non-exclusive, royalty-free, non-sublicensable <br />(except as needed to provide the Service), non- <br />transferable (except as described in Section 11.5 <br />(Assignment)) right to access and use the <br />Customer Data to provide the Service to <br />Customer and to monitor and improve the <br />Service. Customer shall back up Customer Data <br />during the Term and may not have access to the <br />Customer Data via the Service after the Term. <br />6.2. De-Identified Data. Blazestack may collect, <br />develop, create, extract, compile, synthesize, <br />analyze and commercialize statistics, <br />benchmarks, measures and other information <br />based on Aggregated Data (collectively, “De- <br />Identified Data”). De-Identified Data will be <br />owned solely by Blazestack and may be used for <br />any lawful business purpose. “Aggregated Data” <br />means Customer Data that is: (i) anonymized <br />and not identifiable to any person or entity; (ii) <br />combined with the data of other customers or <br />additional data sources; and (iii) presented in a <br />way which does not reveal Customer’s identity. <br />6.3. Feedback. If Customer provides Feedback, <br />Customer grants to Blazestack a worldwide, <br />perpetual, irrevocable, sub-licensable, royalty- <br />free, transferable license to use the Feedback in <br />the Service and any intellectual property <br />Blazestack develops. “Feedback” means <br />recommendations, suggestions, enhancement <br />requests or any ideas, technology, developments, <br />derivative works or other intellectual property <br />related to the Service or Blazestack. <br />6.4. Reservation of Rights. Blazestack and its <br />licensors reserve all right, title and interest in <br />and to the Service, including all related <br />intellectual property rights, subject to the limited <br />rights expressly granted in this Agreement. No <br />other rights are granted to Customer by this <br />Agreement. <br />7. TERM AND TERMINATION <br />7.1. Termination for Cause. A party may <br />terminate this Agreement or any applicable <br />Order Form: (i) if the other party is in material <br />breach of this Agreement and fails to cure the <br />breach within 30 days of receiving written notice <br />from the non-breaching party; or (ii) if the other <br />party becomes the subject of a petition in <br />bankruptcy or any proceeding relating to <br />insolvency, receivership, liquidation or <br />assignment for the benefit of creditors. If <br />Customer terminates due to Blazestack’s breach, <br />Customer’s exclusive remedy is a pro-rata <br />reimbursement of prepaid Fees covering the <br />remainder of the Term after the Termination <br />Date. If Blazestack terminates due to Customer’s <br />breach, Customer will pay any unpaid Fees <br />covering the remainder of the Term after the <br />Termination Date. Termination under this <br />section will not relieve Customer of its <br />obligation to pay any Fees owed for the period <br />prior to the Termination Date. <br />8. WARRANTIES AND DISCLAIMERS; <br />INDEMNIFICATION <br />8.1. Mutual Warranties. <br />(a)Each party represents that it: (i) has the legal <br />power to enter into this Agreement; (ii) will <br />comply with all applicable laws in relationship <br />to the provision and use of the Service during <br />the Term; and (iii) will use commercially <br />reasonable efforts to avoid transmitting to the <br />other party any harmful or malicious code, files, <br />scripts, agents or programs. <br />(b) Blazestack shall agree to maintain the <br />Blazestack web app (app.blazestack.com) to <br />WCAG 2.1 Level AA Success Criteria, as <br />defined by accessiBe through monthly scans and <br />audits. Blazestack agrees to promptly respond to <br />and resolve any legitimate customer complaint <br />regarding the accessibility of its Services. <br />8.2. Warranty Disclaimer. Blazestack does not <br />make any representations that the functions <br />ATTY/AGR.2023.294/Blazestack (Fire Investigation Case Management Software) (Page 6 of 10)