4. Proprietary Rights.
Suggestions. We shall have a royalty-free, worldwide, transferable, sublicenseable, irrevocable, perpetual, unrestricted license to use or incorporate into the Service and/or any other products or services any suggestions, enhancement requests, recommendations or other feedback provided by you relating to the Service.
5. Support, Security and Privacy.
We shall provide basic support for the Service as outlined in the Order when you enroll in the Service.
We shall maintain administrative, physical, and technical safeguards in accordance with good industry practice for protection of the security, confidentiality and integrity of User Information. Without your prior written consent, we shall not (i) modify User Information other than as required for the purpose of providing the Service, (ii) disclose User Information to a third party (except as needed to perform the Service or if required to do so by law or governmental process), or (iii) access User Information except to provide the Service and prevent or address Service or technical problems. In the event of an intrusion or other breach of the Service’s security, Company shall use reasonable efforts to (a) notify you of the breach once a full investigation into the nature of the breach has been conducted and concluded and sufficient steps to remediate or correct the breach have occurred to ensure that all customer data is secure and would not be further jeopardized by such notification, and (b) resolve the breach and recover any data disclosed as a result thereof.
6. Fees and Payment Terms. You shall pay all Fees associated with your use of the Service as set forth on your Order form (‘Fees’). Fees must be paid by cheque or wire transfer. For annual plans: (i) you must indicate an initial number of Production Services and may not reduce that number during the term of the plan; (ii) you will pay for a full year's subscription fees based on the initial number of Production Services, which amount is not cancellable or refundable; (iii) any additional Production Services added during the term of your plan (‘Overages’) will have their subscription fees calculated at the standard rate then in effect and prorated for the remainder of the plan term so that all Production Service subscriptions shall terminate on the same date. For all other Plans you will pay in accordance with the terms set out in the Order. You agree to pay all Overage charges incurred by Production Services by cheque, wire transfer, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Service at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions. All Fees are payable in United States dollars and are non-cancelable and non-refundable except as otherwise set forth herein. You shall be responsible for and pay all sales, use, value added or other taxes, except for taxes based on our income. Unpaid amounts payments may be assessed a late fee of the lesser of 2% per month or the maximum rate permitted by applicable law. We may suspend or terminate access to the Service if you fail to make any payments when due.
By You. You agree to defend, indemnify and hold J/K Labs Inc. harmless from and against all claims, losses and damages, suits, government investigations, fines, actions, damages, settlements, losses, liabilities, costs and expenses (including reasonable attorney’s fees) for any breach of your representations, warranties and covenants.
10. Warranties; Disclaimers.
WE PROVIDE THE SERVICE AND DOCUMENTATION ‘AS IS’ WITHOUT ANY WARRANTY WHATSOEVER AND HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THAT THE SERVICE WILL BE FREE FROM ERRORS OR VIRUSES, IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, RELIABILITY, ACCURACY, SECURITY OF DATA, OR ACHIEVEMENT OF RESULTS.
WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT, SERVICE OR CONTENT ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR ANY HYPERLINKED WEBSITE, SERVICE OR CONTENT, AND WE WILL NOT BE A PARTY TO, LIABLE FOR OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
15. Publicity. You agree that we may identify you as a customer in our promotional and marketing activities and on our website.
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