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Saturdays and Sundays between the hours of 8 p.m.and 6 a.m.Central. If possible,NISC will provide Associate Member
<br /> with reasonable advance notice of any such scheduled downtime.
<br /> 7.3.Obligations of Associate Member: Associate Member shall: (7.3.1.)maintain a local area network and a
<br /> dedicated connection of adequate capacity to facilitate access to and use of the Hosted Software;(7.3.2.)ensure adequate
<br /> and continued Internet access and functionality of its internal network.;(7.3.3.) strictly comply with the terms and
<br /> conditions of this Agreement and any exhibits hereto(if any),applicable laws and government regulations,and any terms
<br /> imposed by third party application providers(as may be provided from time to time);(7.3.4.)undertake full responsibility
<br /> for the accuracy,quality,integrity,and legality of Associate Member's data and the means by which it acquires data;
<br /> (7.3.5.)in the event any of Associate Member's customers have access to the Hosted Software,require each of Associate
<br /> Member's customers to accept the terms and conditions of end use of the Hosted Software services;and
<br /> (7.3.6.)follow industry standards in order to prevent unauthorized access to or use of the Hosted Software. Associate
<br /> Member shall not,and shall not permit any third party to: (7.3.7.)copy,modify,translate,disassemble,decompile,reverse
<br /> engineer,or create derivative works from the Hosted Software(7.3.8.)publish or otherwise make available to any third party
<br /> any testing information or results;(7.3.9.)use the Hosted Software server to store or transmit unlawful material or material
<br /> in violation of third party privacy rights;(7.3.10.)use the Hosted Software server to store or transmit malicious code
<br /> including without limitation viruses,trojan horses,worms,time bombs,or other computer programming routines that are
<br /> intended to damage,disrupt,detrimentally interfere with,surreptitiously intercept or expropriate any system,data,or
<br /> personal information contained on the Hosted Software or the Hosted Software server:(7.3.11.)otherwise interfere with or
<br /> disrupt the integrity or performance of the Hosted Software or third party data contained therein;(7.3.12.)attempt to gain
<br /> unauthorized access to the Hosted Software or the Hosted Software server(s);or(7.3.13.)export the Hosted Software in
<br /> violation of any federal export law or regulation.
<br /> 7.4.Authorized Integrated Third Party Applications: The Hosted Software may integrate with and/or include
<br /> third party applications,products,and services. NISC does not warrant or support third party products or services,except as
<br /> otherwise specified.
<br /> 7.5.Optional Third Party Applications: Any exchange of data between Associate Member and any third party
<br /> provider is solely between Associate Member and the third party provider. If Associate Member and/or any of its
<br /> subscribing customers request,install,or enable third party applications for use with the Hosted Software,Associate
<br /> Member acknowledges that NISC may allow such third party providers to access Associate Member's data as required for
<br /> the interoperation of such third party applications. NISC shall not be liable for any disclosure,modification,corruption or
<br /> deletion of Associate Member's data resulting from access by any third party application providers. However,the Hosted
<br /> Software shall permit Associate Member to restrict access by preventing its subscribing customers from installing and
<br /> enabling third party applications available for use with the Hosted Software.
<br /> 8.Equipment:NISC's obligations under this Agreement are dependent upon and contingent upon the Associate Member(
<br /> 8.1.)complying with the minimum equipment specifications identified in the applicable Ordering Documents or the
<br /> Additional Terms&Conditions to NISC Software and Service Agreement-iVIJE Virtualized Environment;and(8.2.
<br /> )not operating upon the equipment any software other than the Software. Should Associate Member fail to comply with
<br /> either requirement set forth in this section,NISC shall be relieved of all performance obligations under this Agreement;
<br /> Associate Member will,however,remain fully liable for its performance hereunder including,but not limited to,paying all
<br /> Charges and complying with all confidentiality provisions.
<br /> If NISC intends to avail itself of the provisions of this section,it shall first give Associate Member twenty(20)days'
<br /> Notice of its intent to do so,along with what action is necessary in order to be in compliance with this section.If Associate
<br /> Member fails to comply with this section within such period,NISC shall be entitled to the relief set forth herein.
<br /> If deployment will be in a Virtualized Environment,Associate Member acknowledges it has read,understands,and
<br /> agrees to Additional Terms&Conditions to NISC Software and Service Agreement-iVUE Virtualized Environment.
<br /> 9.Warranty:NISC warrants,that when delivered,the Software shall be in the same state of development,including
<br /> freedom from errors,as is the Software used by NISC in providing the Software to any of NISC's other Associate Members,
<br /> and that the software when delivered will adequately perform the applications listed in the applicable Ordering Documents.
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<br /> CONFIDENTIAL
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