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on the Order Form. E Team reserves the right to change the services provided as support; provided, however, E
<br /> Team shall notify Licensee of such changes thirty(30)days before such changes are implemented.
<br /> 3.2 Maintenance Fee. Licensee shall pay E Team for the initial annual Maintenance Fee (or prorated amount
<br /> thereof), in accordance with section 7, upon delivery of the Software. Thereafter, Licensee shall pay for the annual
<br /> Maintenance Fee during the normal billing period nearest the anniversary of the delivery date. E Team may, in its
<br /> sole discretion, discontinue Support if Licensee fails to promptly pay the Maintenance Fee. E Team reserves the
<br /> right to change the Maintenance Fee at the end of the initial term or then-current renewal term,upon thirty(30)days
<br /> prior notice to Licensee(which may be sent by email).
<br /> 4. Optional Web Hosting Services.
<br /> 4.1 Services. if E Team agrees to provide Web Hosting Services for back up purposes, as specified in the
<br /> Order Form and subject to Licensee's prompt payment of the annual Web Hosting Services Fee in Section 4.2, E
<br /> Team may provide Licensee web-hosted application services("Web Hosted Services")for backup purposes only. If
<br /> E Team provides such Web Hosted Services, and subject to the terms and conditions in this Agreement, E Team
<br /> grants to Licensee a limited, nontransferable,nonexclusive license for the term of this Agreement to access over the
<br /> Internet and use the Web Hosted Services solely as a to backup Licensee's use of the Software in the normal course
<br /> of business.
<br /> 4.2 Web Hosted Services Fee. If E Team provides Licensee Web Hosted Services for backup purposes,
<br /> Licensee will pay E Team for the initial Web Hosted Services Fee(or prorated amount thereof), in accordance with
<br /> Section 7, upon the signing of this Agreement. Thereafter, Licensee shall pay for the annual Web Hosting Services
<br /> Fee during its normal billing period nearest the anniversary of the Installation Date. E Team reserves the right to
<br /> change the fees or applicable charges at the end of the initial term or then-current renewal term, upon thirty (30)
<br /> days prior notice to Licensee(which may be sent by email).
<br /> 4.3 Restrictions on Use. Licensee shall not,directly or indirectly,(i)license, sell, lease or otherwise transfer the
<br /> Web Hosted Services, (ii)alter,modify,translate or create derivative works based on the Software, or permit a third
<br /> party to do any of the foregoing; (iii)process or permit to be processed the data of any third party;(iv)use or permit
<br /> the use of the Web Hosted Services in the operation of a service bureau, timesharing arrangement or otherwise for
<br /> the benefit of a third party; or (v) disassemble, decompile, reverse engineer or otherwise attempt to derive source
<br /> code or other trade secrets from the Web Hosted Services.
<br /> 4.4 Use of Data. Licensee shall be solely responsible for collecting, inputting and updating all Data related to
<br /> Licensee's use of the Web Hosted Services. Licensee shall ensure that the Data does not include anything that
<br /> actually or potentially infringes or misappropriates the copyright, trade secret, trademark or other intellectual
<br /> property right of any third party; contains anything that is obscene, defamatory, harassing, offensive, malicious or
<br /> which constitutes child pornography;or otherwise violates any other right of any third party.
<br /> 4.5 Termination. Either party may terminate the Web Hosted Services in accordance with Section 12.2. Upon
<br /> termination, E Team shall cease all Web Hosted Services, and Licensee shall pay E Team for Web Hosted Services
<br /> performed prior to the date of termination.
<br /> 5. Additional Services.
<br /> 5.1 Statements of Work. By entering into a Statement of Work with E Team(attached as Exhibit A),Licensee
<br /> may retain E Team to modify, customize or enhance the Software or to provide implementation,training, and other
<br /> services relating to the Software. Licensee shall complete an order form in substantially the same form as the Order
<br /> Form, or an alternative ordering document acceptable to E Team, requesting the Services before commencement of
<br /> Services under a mutually agreed upon Statement of Work.
<br /> 5.2 Payment for Services. Unless otherwise expressly specified in the applicable Statement of Work, E Team
<br /> shall provide the Services to Licensee on a"time and materials basis"at rates set by E Team at the time the Services
<br /> are provided. For the purposes of this Agreement,"time and materials basis"means that Licensee shall pay E Team
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