2. Restrictions on Use. Users shall not (i) take any action that imposes or may impose, in the Company’s sole discretion, an unreasonable or disproportionately large load on the Software’s infrastructure; (ii) interfere or attempt to interfere with the proper working of the Software or any activities conducted on the Software; (iii) bypass any measures the Software may use to prevent or restrict access to the Software, (iv) endeavor to reverse engineer or perform any analytical experiments on the Software, (v) endeavor to decompile, copy, use or access any files in an attempt to discover the functionality of the Software, or for any other reason adverse to the Company’s interests, (vi) enter any false or misleading data into the Software, (vii) delete or edit entries without written consent (of an Administrator, where User is an End User, or of an authorized representative of the Licensor or Sublicensor, as applicable, where User is an Administrator), which consent shall specify whether and where a record of the original entry shall be preserved and how the deletion or edit shall otherwise be logged, (viii) circumvent any technological measures or features of the Software that are intended to or effectively control access to the Software, or any other protected content or information included on the Software, or (ix) use any robot, spider, crawler, scraper or other automated means to access the Software for any purpose without the Company’s express prior written consent.
b. User acknowledges and agrees that additional terms (including but not limited to maintenance service terms and government regulations) may simultaneously govern the tagging, tracking, logging, notation, digital file uploading and other activities supported by the Software as well as the integration of certain Linked Applications (as defined below). User agrees (i) to comply with, and be subject to, any and all such terms and (ii) that User is solely responsible for any liability that arises from or in relation to User’s breach of any such terms.
4. Intellectual Property Ownership.
d. User shall indemnify and hold harmless the Company, and its respective officers, directors, employees, shareholders, members, managers, and agents, from and against any and all claims, demands, liabilities, and actions, including the payment of all legal expenses, including reasonable attorney’s fees and costs, arising out of or connected with any claim that the User Inputs, data transmitted from Linked Applications or any portion of User Inputs or data transmitted from Linked Applications infringes the rights of any third-party.
e. Administrator shall indemnify and hold harmless the Company, and its respective officers, directors, employees, shareholders, members, managers, and agents, from and against any and all claims, demands, liabilities, and actions, including the payment of all legal expenses, including reasonable attorney’s fees and costs, arising out of or connected with any claim that the software configurations set by Administrator or any portion of configuration set by an Administrator infringes the rights of any third-party.
g. User acknowledges and agrees that certain Administrators may have special access to the Software, including but not limited to the rights to access, use, create derivate works of, edit and delete any and all User Inputs provided by or made accessible by User.
5. Links to Other Applications. The Software may be integrated with and link to other applications (“Linked Applications”).
a. Integrations of this Software with Linked Applications are provided for User’s convenience and, as such, User accesses the Linked Applications at its own risk. User agrees and acknowledges that the Company is not responsible for, and does not endorse, the content of or anything that may be delivered to User or User’s computer as a result of accessing any Linked Applications, whether or not the Company is affiliated with the owners of such Linked Applications. Without limiting the generality of the foregoing, the Company is not responsible and shall have no liability for any viruses or other illicit code that results from accessing a Linked Application.
b. User acknowledges and agrees that certain functionalities of the Software may depend on User’s ability to access the Linked Applications and that such functionalities may be unavailable should the licenses for the Software and Linked Application not be in good standing.
c. User acknowledges and agrees that information transmitted to the Software through the integration of the Linked Application may be deemed User Inputs to the extent a User input such information into the Linked Software. User further acknowledges and agrees that it has the right to provide Company with access to and a license to use, copy, publish, reproduce, prepare derivative works, share, distribute, and display any data transmitted from Linked Applications.
9. Technical and Customer Support. For Users that have access to maintenance and support via the applicable License Agreement, Company’s maintenance, technical and other support for the Software can be contacted via email at firstname.lastname@example.org or via petiteC Support Center available via petiteC. Users will receive a response to their ticket within two (2) business days.
10. Representations, Warranties, and Covenants. User represents, warrants, and covenants the following:
a. User has all rights, title and interest, including all copyright rights and other intellectual property rights, in and to the User Inputs and integrated data it submits. User acknowledges and agrees that upon receipt of a notice of a claim of copyright infringement, the Company may immediately seek to remove the identified materials from the Software, and that upon Company request, Administrator shall take commercially reasonable steps to comply with all such removal requests.
b. User shall not use its account to breach the security or gain access to the account of any other User.
13. Limitation of Liability.
b. WITHOUT LIMITING AND NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL THE COMPANY BE LIABLE TO USER OR ANY THIRD-PARTY, FOR ANY LOSS OF BUSINESS OR ANTICIPATORY PROFITS OR ANY INDIRECT, SPECIAL, INCIDENTAL, GENERAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, EVEN IF FORESEEABLE OR IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, DAMAGE OR EXPENSE.
c. WITHOUT LIMITING THE FOREGOING, USER ACKNOWLEDGES AND AGREES THAT THE COMPANY DOES NOT AND CANNOT CONTROL THE FLOW OF DATA TO OR FROM THE SOFTWARE AND OTHER PORTIONS OF THE INTERNET. SUCH FLOW DEPENDS IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD-PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD-PARTIES CAN IMPAIR OR DISRUPT USER’S OR OTHER THIRD-PARTIES’ CONNECTIONS TO THE INTERNET, OR PORTIONS OF THE INTERNET. ALTHOUGH THE COMPANY WILL USE COMMERCIALLY REASONABLE EFFORTS TO TAKE ALL ACTIONS IT DEEMS APPROPRIATE TO REMEDY AND AVOID SUCH EVENTS, THE COMPANY CANNOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, THE COMPANY DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS.