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<br />5. CONTENT PROVIDED TO GRANICUS
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<br />5.1 Responsibility for Content. The Client shall have sole control and responsibility
<br />over the determination of which data and information shall be included in the Content that is to be
<br />transmitted. including, if applicable, the determination of which cameras and microphones shall be
<br />operational at any particular time and at any particular location. However, Granicus has the right
<br />(but not the obligation) to remove any Content that Granicus believes violates any applicable law
<br />or this Agreement.
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<br />5.2 Restrictions. Client shall not provide Granicus with any Content that: (i) infringes
<br />any third palty's copyright, patent, trademark, trade secret or other proprietary rights; (it) violates
<br />any law, statute. ordinance or regulation, including without limitation the laws and regulations
<br />governing expOlt control and e-maillspam; (iii) is defamatory or trade libelous; (iv) is pornographic
<br />or obscene, or promotes, solicits or comprises inappropriate, harassing, abusive, profane,
<br />defamatory, libelous, threatening, indecent, vulgar, or otherwise objectionable or constitutes
<br />unlawful content or activity; (v) is harmful to minors; or (vi) contains any viruses, Trojan horses,
<br />worms, time bombs, or any other similar software: data, or programs that may damage,
<br />detrimentally interfere with, intercept, 01' expropriate any system, data, information, or property of
<br />another.
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<br />5.3 Indemnification. Client agrees to indemnify, defend and hold harmless Granicus,
<br />its officers, directors and employees, from and against any losses, damages and expenses
<br />(including lawyers' fees) arising out of or relating to any third patty claims made against Granicus
<br />based on Client's use of the Granicus Solution including, without limitation, any claims that Client
<br />has copied, distributed or transmitted any image files in violation of any third party's rights or has
<br />directly or indirectly exported or transmitted the Content in violation of any applicable expOlt
<br />restrictions.
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<br />6. TRADEMARK OWNERSHIP. Granicus and Client's Trademarks are listed III the
<br />Trademark Information exhibit attached as Exhibit D.
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<br />(a) The Client shall retain all right, title and interest in and to its Trademarks,
<br />including any goodwill associated therewith, subject to the limited license granted to
<br />Granicus, Inc. pursuant to Section 6 hereof. All goodwill arising from use of Client's
<br />Trademarks is solely for Client's benefit. Upon any termination of this Agreement,
<br />Granicus' right to use Client's Trademarks pursuant to this Section 6 terminates.
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<br />(b) Granicus, Inc. shall retain all right, title and interest in and to the Granicus,
<br />Inc. Trademarks, including any goodwill associated therewith, subject to the limited
<br />license granted to the Client pursuant to Section 6 hereof. Upon any termination of this
<br />Agreement, ClienCs right to use Granicus' Trademarks pursuant to this Section 6
<br />terminates.
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<br />(c) Each party grants to the other a non-exclusive, non-transferable (other than
<br />as provided in Section 8 hereof), limited license to use the other patty's Trademarks as is
<br />reasonably necessary to perform its obligations to the Client under this Agreement,
<br />provided that any promotional materials containing the other party's trademarks shall be
<br />subject to the prior written approval of such other party, which approval shall not be
<br />unreasonably withheld.
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<br />GRANICUS. INC. SERVICE AGREEMENT
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<br />Version 4.1.2
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