Common use of Intellectual Property Infringement Clause in Contracts

Intellectual Property Infringement. The Company respects the intellectual property rights of others, and we ask you to do the same. The Company may, in appropriate circumstances and at our discretion, terminate service and/or access to this Site for users who infringe the intellectual property rights of others. If you believe that your work is the subject of copyright infringement and/or trademark infringement and appears on our Site, please provide the Company’s designated agent the following information: • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. • Identification of the copyrighted and/or trademarked work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works at that site. • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled at the Site, and information reasonably sufficient to permit the Company to locate the material. • Information reasonably sufficient to permit the Company to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted. • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright and/or trademark owner, its agent, or the law. • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. The Company’s agent for notice of claims of copyright or trademark infringement on this Site can be reached as follows: Xxxx Xxxxxx, President, Eagle Analytics, LLC, 0000 Xxxx Xxxxxxx, Xxxxx 000, Xxxxxxx, Xxxxx 00000. Please also note that for copyright infringements under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability. Submitting a DMCA Counter-Notification We will notify you that we have removed or disabled access to copyright-protected material that you provided, if such removal is pursuant to a valid DMCA take-down notice that we have received. If you receive such notice from us, you may provide us with a counter-notification in writing to the Company designated agent that includes all of the following information:

Intellectual Property Infringement. The Company respects We respect the intellectual property rights of others and encourage you to do the same. Accordingly, we have a policy of removing third party content that violates intellectual property rights of others, and we ask you suspending access to do the same. The Company maythis Website (or any portion thereof) to any user who uses this Website in violation of someone’s intellectual property rights, and/or terminating, in appropriate circumstances and at our discretioncircumstances, terminate service and/or access to the account of any user who uses the this Site for users who infringe the Website in violation of someone’s intellectual property rights rights. Pursuant to Title 17 of othersthe United States Code, Section 512, we have implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with such law. If you believe that your work copyright or other intellectual property right is the subject being infringed by a user of copyright infringement and/or trademark infringement and appears on our Sitethis Website, please provide written notice to our agent for notice of claims of infringement: Attn: Xxxxxxxx XxXxxxx, DMCA Agent Email: xxxxxxxx.xxxxxxx@xxxxxxxxxxxx.xxx To be sure that the Company’s designated agent the following informationmatter is handled immediately, your written notice must: • A Contain your physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. signature; • Identification of Identify the copyrighted and/or trademarked work claimed or other intellectual property alleged to have been infringed, or, if multiple works at ; • Identify the allegedly infringing material in a single online site are covered by a single notification, a representative list of such works at that site. • Identification of the material that is claimed manner precise enough to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled at the Site, and information reasonably sufficient to permit the Company allow us to locate the that material. ; • Information reasonably sufficient to permit the Company to Contain adequate information by which we can contact you as the complaining party, such as an (including you physical address, telephone number, and, if available, an electronic mail address at which you may be contacted. and email address); • A Contain a statement that you have a good faith belief that the use of the copyrighted material in the manner complained of or other intellectual property is not authorized by the copyright and/or trademark owner, its the owner's agent, or the law. ; • A Contain a statement that the information in the notification written notice is accurate; and • Contain a statement, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. The Company’s agent for notice of claims of copyright or trademark infringement on this Site can other intellectual property right owner. Unless the notice relates to copyright or other intellectual property infringement, our agent will be reached as follows: Xxxx Xxxxxx, President, Eagle Analytics, LLC, 0000 Xxxx Xxxxxxx, Xxxxx 000, Xxxxxxx, Xxxxx 00000. Please also note that for copyright infringements under Section 512(f) of unable to address the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liabilitylisted concern. Submitting a DMCA Counter-Notification We will notify you that we have removed or disabled access to copyright-protected material that you provided, provided if such the removal is pursuant in response to a valid DMCA validly received take-down notice that we have receivednotice. If you receive such notice from usIn response, you may provide us our agent with a written counter-notification in writing to the Company designated agent that includes all of the following information:

Intellectual Property Infringement. The Company respects Subject to 28 U.S.C. § 516, subject to the intellectual property rights remainder of othersthis Section 8, Hortonworks shall, at its own expense (a) defend Customer, Customer’s Affiliates, and we ask you to do the same. The Company maytheir respective directors, in appropriate circumstances officers, employees, and at our discretionagents (“Customer Indemnitees”) against any third party claim, terminate service and/or access to this Site for users who infringe the intellectual property rights of others. If you believe that your work is the subject of copyright infringement and/or trademark infringement and appears on our Sitesuit, please provide the Company’s designated agent the following information: • A physical or electronic signature of a person authorized to act on behalf action brought against any of the owner of an exclusive right Customer Indemnitees alleging that is allegedly infringed. • Identification any Work Product or Hortonworks Retained Property set forth as a deliverable in the applicable Documentation or SOW and delivered to Customer in connection with Services provided under this Agreement, or any part thereof, infringe such third party’s United States patent, trademark, or copyright, or misappropriate such third party’s trade secrets under the laws of the copyrighted and/or trademarked work claimed United States (each an “Infringement Claim”), and (b) indemnify each of the Customer Indemnitees from the resulting costs and damages finally awarded against such Customer Indemnitees to have been infringed, or, if multiple works at a single online site are covered the third party making such claim by a single notificationcourt of competent jurisdiction or agreed to in settlement with regard to any such Infringement Claim. Notwithstanding any other terms or conditions of this Agreement, a representative list of such works at that site. • Identification Hortonworks shall have no liability or obligations under this Section 8.2 if the alleged infringement is based on (i) combination of the material that is claimed to be infringing Work Product or to be the subject of infringing activity and that is to be removed or access to which is to be disabled at the SiteHortonworks Retained Property with non-Hortonworks products, and information reasonably sufficient to permit the Company to locate the material. • Information reasonably sufficient to permit the Company to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted. • A statement that you have a good faith belief that (ii) use of the material Work Product or Hortonworks Retained Property for a purpose or in a manner for which it was not designed or beyond its reasonably intended use, (iii) use of any older version of the manner complained Work Product or Hortonworks Retained Property when use of is not authorized a newer version provided by Hortonworks would have avoided the copyright and/or trademark ownerinfringement, its agent(iv) any modification or alteration of the Work Product or Hortonworks Retained Property by a party other than Hortonworks or without Hortonworks written and express direction, (v) Hortonworks’ compliance with any materials, designs, specifications or instructions provided by Customer, (vi) Customer using the Work Product or Hortonworks Retained Property after Hortonworks notifies Customer to discontinue use due to an infringement claim, or the law(vii) open source software. • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. The Company’s agent for notice of claims of copyright or trademark infringement on this Site can be reached as follows: Xxxx Xxxxxx, President, Eagle Analytics, LLC, 0000 Xxxx Xxxxxxx, Xxxxx 000, Xxxxxxx, Xxxxx 00000. Please also note that for copyright infringements under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability. Submitting a DMCA Counter-Notification We will notify you that we have removed or disabled access to copyright-protected material that you provided, if such removal is pursuant to a valid DMCA take-down notice that we have received. If you receive such notice from us, you may provide us with a counter-notification in writing to the Company designated agent that includes all of the following information:THIS SECTION 8.2 STATES CUSTOMER’S SOLE AND EXCLUSIVE REMEDY AND HORTONWORKS’ ENTIRE LIABILITY FOR INFRINGEMENT CLAIMS.

Intellectual Property Infringement. The Company respects Except as disclosed in Sections 2.18(g)(i)-(iv) of the intellectual property Seller Disclosure Schedule, (i) OpenTV's and its Subsidiaries' activities, products and services as presently conducted do not, and to the knowledge of the Seller Parties such activities, products and services as contemplated to be conducted in the future will not, infringe upon or otherwise violate, any of the patent rights of othersthe Seller Parties, and we ask you or to do the same. The Company may, in appropriate circumstances and at our discretion, terminate service and/or access to this Site for users who infringe knowledge of the intellectual property Seller Parties any Intellectual Property rights of others. If you believe that your work is any other Person, or to the subject of copyright infringement and/or trademark infringement and appears on our Site, please provide the Company’s designated agent the following information: • A physical or electronic signature of a person authorized to act on behalf knowledge of the owner of an exclusive right that is allegedly infringed. • Identification Seller Parties any Intellectual Property rights of the copyrighted Seller Parties, except in circumstances where OpenTV and/or trademarked work claimed to have been infringedits Subsidiaries are fully indemnified for such infringement; (ii) (x) there are no material claims or suits pending, orno material notice provided, if multiple works at a single online site are covered by a single notification, a representative list of such works at that site. • Identification of the material that is claimed to be infringing or to be the subject Seller Parties' knowledge there are no material legal proceedings or material claims threatened, alleging that OpenTV or any of infringing activity and that is to be removed its Subsidiaries or access to which is to be disabled at any of their respective activities, products or services infringe upon or constitute the Site, and information reasonably sufficient to permit the Company to locate the material. • Information reasonably sufficient to permit the Company to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted. • A statement that you have a good faith belief that unauthorized use of the material in the manner complained any other Person's Intellectual Property, or challenging OpenTV's or any of is not authorized by the copyright and/or trademark ownerits Subsidiaries' ownership of, its agentright to use, or the law. • A statement validity or enforceability or effectiveness of any license of or relating to any Intellectual Property and (y) as of the date of this Agreement, there are no non-material claims or suits pending, no non-material notice provided, or to the Seller Parties' knowledge there are no non-material legal proceedings or non-material claims threatened, alleging that OpenTV or any of its Subsidiaries or any of their respective activities, products or services infringe upon or constitute the information unauthorized use of any other Person's Intellectual Property, or challenging OpenTV's or any of its Subsidiaries' ownership of, right to use, or the validity or enforceability or effectiveness of any license of or relating to any Intellectual Property; (iii) none of OpenTV or any of its Subsidiaries has filed a claim against, provided notice to or taken any other action against any Person claiming the infringement, violation, or unauthorized use by any Person of any Intellectual Property of OpenTV or any of its Subsidiaries or licensed to OpenTV or any of its Subsidiaries; and (iv) the execution and delivery of this Agreement by the Seller Parties does not, and the consummation of the transactions contemplated by this Agreement will not, result in the notification is accurateloss of OpenTV's or its Subsidiary's rights in any Intellectual Property including but not limited to those rights flowing from the Sun Sublicense and Thomson Agreements, and under penalty of perjurydefined herein and, that you are authorized to act on behalf of immediately upon Closing the owner of an exclusive right that is allegedly infringed. The Company’s agent for notice of claims of copyright or trademark infringement on this Site can be reached as follows: Xxxx Xxxxxx, President, Eagle Analytics, LLC, 0000 Xxxx Xxxxxxx, Xxxxx 000, Xxxxxxx, Xxxxx 00000. Please also note that for copyright infringements under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability. Submitting a DMCA Counter-Notification We Selling Parties will notify you that we have removed or disabled access to copyright-protected material that you provided, if such removal is pursuant to a valid DMCA take-down notice that we have received. If you receive such notice from us, you may provide us with a counter-notification in writing no rights to the Company designated agent that includes all Intellectual Property of the following information:OpenTV or its Subsidiaries.

Intellectual Property Infringement. The Company respects Subject to the intellectual property rights remainder of othersthis Section 8, Hortonworks shall, at its own expense (a) defend Customer, Customer’s Affiliates, and we ask you to do the same. The Company maytheir respective directors, in appropriate circumstances officers, employees, and at our discretionagents (“Customer Indemnitees”) against any third party claim, terminate service and/or access to this Site for users who infringe the intellectual property rights of others. If you believe that your work is the subject of copyright infringement and/or trademark infringement and appears on our Sitesuit, please provide the Company’s designated agent the following information: • A physical or electronic signature of a person authorized to act on behalf action brought against any of the owner of an exclusive right Customer Indemnitees alleging that is allegedly infringed. • Identification any Work Product or Hortonworks Retained Property set forth as a deliverable in the applicable Documentation or SOW and delivered to Customer in connection with Services provided under this Agreement, or any part thereof, infringe such third party’s United States patent, trademark, or copyright, or misappropriate such third party’s trade secrets under the laws of the copyrighted and/or trademarked work claimed United States (each an “Infringement Claim”), and (b) indemnify each of the Customer Indemnitees from the resulting costs and damages finally awarded against such Customer Indemnitees to have been infringed, or, if multiple works at a single online site are covered the third party making such claim by a single notificationcourt of competent jurisdiction or agreed to in settlement with regard to any such Infringement Claim. Notwithstanding any other terms or conditions of this Agreement, a representative list of such works at that site. • Identification Hortonworks shall have no liability or obligations under this Section 8.2 if the alleged infringement is based on (i) combination of the material that is claimed to be infringing Work Product or to be the subject of infringing activity and that is to be removed or access to which is to be disabled at the SiteHortonworks Retained Property with non-­‐Hortonworks products, and information reasonably sufficient to permit the Company to locate the material. • Information reasonably sufficient to permit the Company to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted. • A statement that you have a good faith belief that (ii) use of the material Work Product or Hortonworks Retained Property for a purpose or in the a manner complained for which it was not designed or beyond its reasonably intended use, (iii) use of is not authorized by the copyright and/or trademark owner, its agent, or the law. • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf any older version of the owner Work Product or Hortonworks Retained Property when use of an exclusive right that is allegedly infringed. The Company’s agent for notice of claims of copyright a newer version provided by Hortonworks would have avoided the infringement, (iv) any modification or trademark infringement on this Site can be reached as follows: Xxxx Xxxxxx, President, Eagle Analytics, LLC, 0000 Xxxx Xxxxxxx, Xxxxx 000, Xxxxxxx, Xxxxx 00000. Please also note that for copyright infringements under Section 512(f) alteration of the Copyright ActWork Product or Hortonworks Retained Property by a party other than Hortonworks or without Hortonworks written and express direction, (v) Hortonworks’ compliance with any person who knowingly materially misrepresents that material materials, designs, specifications or activity is infringing may be subject to liability. Submitting a DMCA Counter-Notification We will notify you that we have removed or disabled access to copyright-protected material that you provided, if such removal is pursuant to a valid DMCA take-down notice that we have received. If you receive such notice from us, you may provide us with a counter-notification in writing to the Company designated agent that includes all of the following information:instructions provided by Customer,

Intellectual Property Infringement. The Company Unite respects the intellectual property rights Intellectual Property Rights of others, and we ask you to do the same. The Company Unite may, in appropriate circumstances and at our Unite’s discretion, terminate service and/or your access to this Site for users who Digital Deal Jacket and the Content, if you infringe the intellectual property rights Intellectual Property Rights of others. If you believe that your work is the subject of copyright infringement and/or trademark infringement and appears on our Siteor within Digital Deal Jacket (or other Unite websites or online services), please provide the CompanyUnite’s designated agent (set forth below) the following information: • ⚫ A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. • ⚫ Identification of the copyrighted and/or trademarked work claimed to have been infringed, infringed or, if multiple works at a single online site are covered by a single notification, a representative list of such works at that site. • ⚫ Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled at the Sitefrom Digital Deal Jacket, and information reasonably sufficient to permit the Company Unite to locate the material. • ⚫ Information reasonably sufficient to permit the Company Unite to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted. • ⚫ A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright and/or trademark owner, its agent, or the law. • ⚫ A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. The CompanyUnite’s agent for notice of claims of copyright or trademark infringement on this Site can be reached as follows: Xxxx Xxxxxx, President, Eagle Analytics, LLC, Unite Digital LLC Attn: Xxxxxx Xxxxxx 0000 Xxxx Xxxxxxx, Xxxxxxxxx Xx Xxxxx 000, XxxxxxxXxxxxxxxxx Xxx, Xxxxx XX 00000. , Xxxxxx Xxxxxx (000) 000-0000 Email: Xxxxxx@XxxxxXxxxxxx.xxx Please also note that for copyright infringements under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability. Submitting a DMCA Counter-Notification We will notify you that we have removed or disabled access to copyright-protected material that you provided, if such removal is pursuant to a valid DMCA take-down notice that we have received. If you receive such notice from us, you may provide us with a counter-notification in writing to the Company designated agent that includes all of the following information:.

Intellectual Property Infringement. The Company respects Subject to the intellectual property rights remainder of othersthis Section 7, SaltStack shall, at its own expense (a) defend Customer, Customer’s Affiliates, and we ask you to do the same. The Company maytheir respective directors, in appropriate circumstances officers, employees, and at our discretionagents (“Customer Indemnitees”) against any third party claim, terminate service and/or access to this Site for users who infringe the intellectual property rights of others. If you believe that your work is the subject of copyright infringement and/or trademark infringement and appears on our Sitesuit, please provide the Company’s designated agent the following information: • A physical or electronic signature of a person authorized to act on behalf action brought against any of the owner of an exclusive right Customer Indemnitees alleging that is allegedly infringed. • Identification any Work Product or SaltStack Retained Property set forth as a deliverable in the applicable Sales Order or SOW and delivered to Customer in connection with Services provided under this Agreement, or any part thereof, when used as contemplated by the applicable Sales Order and/or SOW, infringe such third party’s United States patent, trademark, or copyright, or misappropriate such third party’s trade secrets under the laws of the copyrighted and/or trademarked work claimed United States (each an “Infringement Claim”), and (b) indemnify each of the Customer Indemnitees from the resulting costs and damages finally awarded against such Customer Indemnitees to have been infringed, or, if multiple works at a single online site are covered the third party making such claim by a single notificationcourt of competent jurisdiction or agreed to in settlement with regard to any such Infringement Claim. Notwithstanding any other terms or conditions of this Agreement, a representative list of such works at that site. • Identification SaltStack shall have no liability or obligations under this Section 7.2 if the alleged infringement is based on (i) combination of the material that is claimed to be infringing Work Product or to be the subject of infringing activity and that is to be removed or access to which is to be disabled at the SiteSaltStack Retained Property with non-SaltStack products, and information reasonably sufficient to permit the Company to locate the material. • Information reasonably sufficient to permit the Company to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted. • A statement that you have a good faith belief that (ii) use of the material Work Product or SaltStack Retained Property for a purpose or in a manner for which it was not designed or beyond its reasonably intended use, (iii) use of any older version of the manner complained Work Product or SaltStack Retained Property when use of is not authorized a newer version provided by SaltStack would have avoided the copyright and/or trademark ownerinfringement, its agent(iv) any modification or alteration of the Work Product or SaltStack Retained Property by a party other than SaltStack or without SaltStack written and express direction, (v) SaltStack’s compliance with any materials, designs, specifications or instructions provided by Customer, (vi) Customer using the Work Product or SaltStack Retained Property after SaltStack notifies Customer to discontinue use due to an infringement claim, or the law(vii) any third party products, services, hardware, software or other materials. • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. The Company’s agent for notice of claims of copyright or trademark infringement on this Site can be reached as follows: Xxxx Xxxxxx, President, Eagle Analytics, LLC, 0000 Xxxx Xxxxxxx, Xxxxx 000, Xxxxxxx, Xxxxx 00000. Please also note that for copyright infringements under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability. Submitting a DMCA Counter-Notification We will notify you that we have removed or disabled access to copyright-protected material that you provided, if such removal is pursuant to a valid DMCA take-down notice that we have received. If you receive such notice from us, you may provide us with a counter-notification in writing to the Company designated agent that includes all of the following information:THIS SECTION 7.2 STATES CUSTOMER’S SOLE AND EXCLUSIVE REMEDY AND SALTSTACK’S ENTIRE LIABILITY FOR INFRINGEMENT CLAIMS.

Intellectual Property Infringement. The Company respects Subject to the intellectual property rights remainder of othersthis Section 8, Hortonworks shall, at its own expense (a) defend Customer, Customer’s Affiliates, and we ask you to do the same. The Company maytheir respective directors, in appropriate circumstances officers, employees, and at our discretionagents (“Customer Indemnitees”) against any third party claim, terminate service and/or access to this Site for users who infringe the intellectual property rights of others. If you believe that your work is the subject of copyright infringement and/or trademark infringement and appears on our Sitesuit, please provide the Company’s designated agent the following information: • A physical or electronic signature of a person authorized to act on behalf action brought against any of the owner of an exclusive right Customer Indemnitees alleging that is allegedly infringed. • Identification any Work Product or Hortonworks Retained Property set forth as a deliverable in the applicable Order Form or SOW and delivered to Customer in connection with Services provided under this Agreement, or any part thereof, infringe such third party’s United States patent, trademark, or copyright, or misappropriate such third party’s trade secrets under the laws of the copyrighted and/or trademarked work claimed United States (each an “Infringement Claim”), and (b) indemnify each of the Customer Indemnitees from the resulting costs and damages finally awarded against such Customer Indemnitees to have been infringed, or, if multiple works at a single online site are covered the third party making such claim by a single notificationcourt of competent jurisdiction or agreed to in settlement with regard to any such Infringement Claim. Notwithstanding any other terms or conditions of this Agreement, a representative list of such works at that site. • Identification Hortonworks shall have no liability or obligations under this Section 8.2 if the alleged infringement is based on (i) combination of the material that is claimed to be infringing Work Product or to be the subject of infringing activity and that is to be removed or access to which is to be disabled at the SiteHortonworks Retained Property with non-­‐Hortonworks products, and information reasonably sufficient to permit the Company to locate the material. • Information reasonably sufficient to permit the Company to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted. • A statement that you have a good faith belief that (ii) use of the material Work Product or Hortonworks Retained Property for a purpose or in the a manner complained for which it was not designed or beyond its reasonably intended use, (iii) use of is not authorized by the copyright and/or trademark owner, its agent, or the law. • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf any older version of the owner Work Product or Hortonworks Retained Property when use of an exclusive right that is allegedly infringed. The Company’s agent for notice of claims of copyright a newer version provided by Hortonworks would have avoided the infringement, (iv) any modification or trademark infringement on this Site can be reached as follows: Xxxx Xxxxxx, President, Eagle Analytics, LLC, 0000 Xxxx Xxxxxxx, Xxxxx 000, Xxxxxxx, Xxxxx 00000. Please also note that for copyright infringements under Section 512(f) alteration of the Copyright ActWork Product or Hortonworks Retained Property by a party other than Hortonworks or without Hortonworks written and express direction, (v) Hortonworks’ compliance with any person who knowingly materially misrepresents that material materials, designs, specifications or activity is infringing may be subject to liability. Submitting a DMCA Counter-Notification We will notify you that we have removed or disabled access to copyright-protected material that you provided, if such removal is pursuant to a valid DMCA take-down notice that we have received. If you receive such notice from us, you may provide us with a counter-notification in writing to the Company designated agent that includes all of the following information:instructions provided by Customer,

Intellectual Property Infringement. The Company Lincoln Tech respects the intellectual property rights of others, and we ask you to do the same. The Company Lincoln Tech may, in appropriate circumstances and at our discretion, terminate service and/or access to this Site for to users who infringe the intellectual property rights of others. If you believe that your work is the subject of copyright infringement and/or trademark infringement and appears on our Sitethe Site and/or in the Service, please provide the CompanyLincoln Tech’s designated agent the following information: • - A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. • - Identification of the copyrighted and/or trademarked work claimed to have been infringed, or, or if multiple works at a single online site location are covered by a single notification, a representative list of such works at that sitelocation. • - Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled at the Site, and information reasonably sufficient to permit the Company Lincoln Tech to locate the material. • - Information reasonably sufficient to permit the Company Lincoln Tech to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic e-mail address at which you may be contacted. • - A statement that you have a good good-faith belief that use of the material in the manner complained of is not authorized by the copyright and/or trademark owner, its agent, or the law. • - A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. The CompanyLincoln Tech’s agent for notice of claims of copyright or trademark infringement on this Site can be reached as follows: Xxxx Xxxxxxat xxxxxxxxx@xxxxxxxxxxx.xxx or at Copyright Officer, PresidentLincoln Tech, Eagle Analytics000 Xxxxxx Xx., LLC#00000, 0000 Xxxx XxxxxxxXxxxxxxxxx, Xxxxx 000, Xxxxxxx, Xxxxx XX 00000-1728. Please also note that for copyright infringements under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability. Submitting a DMCA Counter-Notification We will notify you that we have removed or disabled access to copyright-protected material that you provided, provided if such removal is pursuant to a valid DMCA Digital Millennium Copyright Act, 17 USC Section 512 et seq. (“DMCA”) take-down notice that we have received. If you receive such notice from us, you may provide us with a counter-notification notification, in writing writing, to the Company Lincoln Tech’s designated agent that includes all of the following information:: - Your physical or electronic signature; - Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled; - A statement from you, under penalty of perjury, that you have a good-faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and - Your name, physical address, and telephone number, and a statement that you consent to the jurisdiction of a court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which Lincoln Tech may be located, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.

Intellectual Property Infringement. The Company respects Subject to the intellectual property rights remainder of othersthis Section 7, SaltStack shall, at its own expense (a) defend Customer, Customer’s Affiliates, and we ask you to do the same. The Company maytheir respective directors, in appropriate circumstances officers, employees, and at our discretionagents (“Customer Indemnitees”) against any third party claim, terminate service and/or access to this Site for users who infringe the intellectual property rights of others. If you believe that your work is the subject of copyright infringement and/or trademark infringement and appears on our Sitesuit, please provide the Company’s designated agent the following information: • A physical or electronic signature of a person authorized to act on behalf action brought against any of the owner of an exclusive right Customer Indemnitees alleging that is allegedly infringed. • Identification any Work Product or SaltStack Retained Property set forth as a deliverable in the applicable Sales Order or SOW and delivered to Customer in connection with Services provided under this Agreement, or any part thereof, infringe such third party’s United States patent, trademark, or copyright, or misappropriate such third party’s trade secrets under the laws of the copyrighted and/or trademarked work claimed United States (each an “Infringement Claim”), and (b) indemnify each of the Customer Indemnitees from the resulting costs and damages finally awarded against such Customer Indemnitees to have been infringed, or, if multiple works at a single online site are covered the third party making such claim by a single notificationcourt of competent jurisdiction or agreed to in settlement with regard to any such Infringement Claim. Notwithstanding any other terms or conditions of this Agreement, a representative list of such works at that site. • Identification SaltStack shall have no liability or obligations under this Section 7.2 if the alleged infringement is based on (i) combination of the material that is claimed to be infringing Work Product or to be the subject of infringing activity and that is to be removed or access to which is to be disabled at the SiteSaltStack Retained Property with non-­‐SaltStack products, and information reasonably sufficient to permit the Company to locate the material. • Information reasonably sufficient to permit the Company to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted. • A statement that you have a good faith belief that (ii) use of the material Work Product or SaltStack Retained Property for a purpose or in a manner for which it was not designed or beyond its reasonably intended use, (iii) use of any older version of the manner complained Work Product or SaltStack Retained Property when use of is not authorized a newer version provided by SaltStack would have avoided the copyright and/or trademark ownerinfringement, its agent(iv) any modification or alteration of the Work Product or SaltStack Retained Property by a party other than SaltStack or without SaltStack written and express direction, (v) SaltStack’s compliance with any materials, designs, specifications or instructions provided by Customer, (vi) Customer using the Work Product or SaltStack Retained Property after SaltStack notifies Customer to discontinue use due to an infringement claim, or the law(vii) any third party products, services, hardware, software or other materials. • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. The Company’s agent for notice of claims of copyright or trademark infringement on this Site can be reached as follows: Xxxx Xxxxxx, President, Eagle Analytics, LLC, 0000 Xxxx Xxxxxxx, Xxxxx 000, Xxxxxxx, Xxxxx 00000. Please also note that for copyright infringements under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability. Submitting a DMCA Counter-Notification We will notify you that we have removed or disabled access to copyright-protected material that you provided, if such removal is pursuant to a valid DMCA take-down notice that we have received. If you receive such notice from us, you may provide us with a counter-notification in writing to the Company designated agent that includes all of the following information:THIS SECTION 7.2 STATES CUSTOMER’S SOLE AND EXCLUSIVE REMEDY AND SALTSTACK’S ENTIRE LIABILITY FOR INFRINGEMENT CLAIMS.

Intellectual Property Infringement. The Company Forecast5 respects the intellectual property rights of others, and we ask you to do the same. The Company Forecast5 may, in appropriate circumstances and at our discretion, terminate service and/or access to this Site the Services for users who infringe the intellectual property rights of others. If you believe that your work is the subject of copyright infringement and/or trademark infringement and appears on our Sitewebsite, please provide the CompanyForecast5’s designated agent the following information: • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. • Identification of the copyrighted and/or trademarked work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works at that site. • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled at the Site, and information reasonably sufficient to permit the Company Forecast5 to locate the material. • Information reasonably sufficient to permit the Company Forecast5 to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted. • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright and/or trademark owner, its agent, or the law. • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. The CompanyForecast5’s agent for notice of claims of copyright or trademark infringement on this Site website can be reached as follows: Xxxx Xxxxxx, President, Eagle Xxxxx Xxxxxxx Forecast5 Analytics, LLC, Inc. 0000 Xxxx XxxxxxxXxxx Xxxx Xxxxx 000 Xxxxxxxxxx, Xxxxx 000, Xxxxxxx, Xxxxx 00000. XX 00000 Phone: 000.000.0000 Email: xxxxxxxx@xxxxxxxx0xxxxxxxxx.xxx Please also note that for copyright infringements under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability. Submitting a DMCA Counter-Notification We will notify you that we have removed or disabled access to copyright-protected material that you provided, if such removal is pursuant to a valid DMCA take-down notice that we have received. If you receive such notice from us, you may provide us with a counter-notification in writing to the Company Forecast5’s designated agent that includes all of the following information:

Intellectual Property Infringement. The Company respects Subject to the intellectual property rights remainder of othersthis Section 8, Hortonworks shall, at its own expense (a) defend Customer against any third party claim, suit, or action brought against Customer alleging that any Work Product or Hortonworks Retained Property set forth as a deliverable in the applicable Order Form or SOW and delivered to Customer in connection with Services provided under this Agreement, or any part thereof, infringe such third party’s United “tates patent, trademark, or copyright, or misappropriate such third party’s trade secrets under the laws of the United “tates (each an “Infringement Claim”), and we ask you (b) indemnify Customer from the resulting costs and damages finally awarded against Customer to do the samethird party making such claim by a court of competent jurisdiction or agreed to in settlement with regard to any such Infringement Claim. The Company mayNotwithstanding any other terms or conditions of this Agreement, in appropriate circumstances and at our discretion, terminate service and/or access to Hortonworks shall have no liability or obligations under this Site for users who infringe Section 8.2 if the intellectual property rights of others. If you believe that your work alleged infringement is the subject of copyright infringement and/or trademark infringement and appears based on our Site, please provide the Company’s designated agent the following information: • A physical or electronic signature of a person authorized to act on behalf (i) combination of the owner of an exclusive right that is allegedly infringed. • Identification of the copyrighted and/or trademarked work claimed to have been infringedWork Product or Hortonworks Retained Property with non-Hortonworks products, or, if multiple works at a single online site are covered by a single notification, a representative list of such works at that site. • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled at the Site, and information reasonably sufficient to permit the Company to locate the material. • Information reasonably sufficient to permit the Company to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted. • A statement that you have a good faith belief that (ii) use of the material Work Product or Hortonworks Retained Property for a purpose or in a manner for which it was not designed or beyond its reasonably intended use, (iii) use of any older version of the manner complained Work Product or Hortonworks Retained Property when use of is not authorized a newer version provided by Hortonworks would have avoided the copyright and/or trademark ownerinfringement, its agent(iv) any modification or alteration of the Work Product or Hortonworks Retained Property by a party other than Hortonworks or without Hortonworks written and express direction, (v) Hortonworks’ compliance with any materials, designs, specifications or instructions provided by Customer, (vi) Customer using the Work Product or Hortonworks Retained Property after Hortonworks notifies Customer to discontinue use due to an infringement claim, or the law(vii) open source software. • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. The Company’s agent for notice of claims of copyright or trademark infringement on this Site can be reached as follows: Xxxx Xxxxxx, President, Eagle Analytics, LLC, 0000 Xxxx Xxxxxxx, Xxxxx 000, Xxxxxxx, Xxxxx 00000. Please also note that for copyright infringements under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability. Submitting a DMCA Counter-Notification We will notify you that we have removed or disabled access to copyright-protected material that you provided, if such removal is pursuant to a valid DMCA take-down notice that we have received. If you receive such notice from us, you may provide us with a counter-notification in writing to the Company designated agent that includes all of the following information:THIS SECTION 8.2 “XXXX“ CU“TOMER’“ “OLE AND EXCLU“IVE REMEDY AND HORTONWORK“’ ENTIRE LIABILITY FOR INFRINGEMENT CLAIMS.

Intellectual Property Infringement. The Company respects We respect the intellectual property rights of others, and we ask you to do the same. The Company We may, in appropriate circumstances and at our discretion, terminate service and/or access to this the Site for users who infringe the intellectual property rights of others. If you believe that your work is the subject of copyright infringement and/or trademark infringement and appears on our Site, please provide the Company’s our designated agent with the following information: • A information in accordance with the provisions of the Digital Millennium Copyright Act (“DMCA”): •A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. • Identification •Identification of the copyrighted work and/or trademarked work trademark claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such copyrighted works at that site. • Identification •Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled at the Site, and information reasonably sufficient to permit the Company us to locate the material. • Information •Information reasonably sufficient to permit the Company us to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted. • A •A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright and/or trademark owner, its agent, or the law. • A •A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. The Company’s agent for notice of claims of copyright or trademark infringement on this Site can be reached as follows: Xxxx Xxxxxx, President, Eagle Analytics, LLC, 0000 Xxxx Xxxxxxx, Xxxxx 000, Xxxxxxx, Xxxxx 00000. Please also note that for copyright infringements under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability. Submitting a Termination of Repeat Infringers We reserve the right, in our sole discretion, to terminate the account or access of any user of the Site or Mobile Applications who is the subject or repeated DMCA Counteror other infringement notifications. Disclaimer of Warranties. Your use of this Site and/ or Mobile Applications is at your own risk. The Materials may include inaccuracies or typographical or other errors. The Company does not warrant the accuracy or timeliness of the Materials contained on this Site or accessed via the Mobile Applications. The Company has no liability for any errors or omissions in the Materials, whether provided by the Company, our licensors or suppliers or other users. THE COMPANY, FOR ITSELF AND ITS LICENSORS, MAKES NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH THE SITE, THE SERVICES, THE MOBILE APPLICATIONS, OR ANY MATERIALS RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR CONTENT CONTAINED OR PRESENTED ON THE SITE OR THE MOBILE APPLICATIONS, INCLUDING WITHOUT LIMITATION THE MATERIALS. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THIS SITE, THE SERVICES, THE MOBILE APPLICATIONS, MATERIALS AND ANY INFORMATION OR CONTENT CONTAINED OR PRESENTED ON OR THROUGH THE SITE AND MOBILE APPLICATIONS, IS PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” AND “WHERE-Notification We will notify you that we have removed IS” BASIS WITH NO WARRANTY OF IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON- INFRINGEMENT OF THIRD-PARTY RIGHTS. THE COMPANY DOES NOT PROVIDE ANY WARRANTIES AGAINST VIRUSES, SPYWARE OR MALWARE THAT MAY BE INSTALLED ON YOUR COMPUTER. WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE QUALITY OR SUITABILITY OF ANY PRODUCTS, SERVICES OR BUSINESSES THAT MAY BE DISPLAYED ON THE SITE, ON THE MOBILE APPLICATIONS, OR THROUGH SERVICES, OR THE CONDUCT OF USERS OF THE SITE, MOBILE APPLICATIONS, OR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, MOBILE APPLICATIONS, OR SERVICES AND WITH OTHER PERSONS OR ENTITIES WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, MOBILE APPLICATIONS, AND/OR SERVICES, PARTICULARLY IF YOU DECIDE MEET OR CONDUCT BUSINESS OFFLINE OR IN PERSON. Limitation of Liability. THE COMPANY SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR USE OF THE MOBILE APPLCIATIONS OR FROM YOUR DISPLAYING, COPYING, OR DOWNLOADING ANY MATERIALS TO OR FROM THE SITE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, EVEN IF THE COMPANY KNOWS THERE IS A POSSIBILITY OF SUCH DAMAGE. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, MOBILE APPLICATIONS, OR SERVICES, AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE THEREOF (INCLUDING, BUT NOT LIMITED TO, ORANGETHEORY FRANCHISEES). YOU UNDERSTAND THAT WE DO NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE, MOBILE APPLICATIONS, OR SERVICES. WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE, MOBILE APPLICATIONS, OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE, MOBILE APPLICATIONS, OR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH ANY PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE, SITE, THE MOBILE APPLICATIONS, OR SERVICES, PARTICULARLY IF YOU MEET OFFLINE OR IN PERSON. Local Laws; Export Control. The Company controls and operates the Site and provides the Mobile Applications from its headquarters in the United States of America and the Materials may not be appropriate or disabled access to copyright-protected material that you provided, if such removal is pursuant to a valid DMCA take-down notice that we have receivedavailable for use in other locations. If you receive such notice from ususe this Site or the Mobile Applications outside the United States of America, you may provide us with a counter-notification in writing to the Company designated agent that includes all of the are responsible for following information:applicable local laws.

Intellectual Property Infringement. The If a third party asserts a claim against any of the Companies or their respective officers, directors, employees, affiliates, agents and any transferees and assigns permitted hereunder (collectively, the “Company respects Indemnified Parties”), Vendor shall defend the Company Indemnified Parties and hold them harmless from and against and shall indemnify the Company Indemnified Parties from and against any and all Losses, and any and all outside attorney’s fees and litigation costs and expenses incurred by any of the Company Indemnified Parties at any time that Vendor is not Nortel Networks and Cricket Communications Proprietary and Confidential Information defending such claim pursuant to this Section 13.1, that a court, arbitrator in binding arbitration or other tribunal awards or are included in any settlement of that claim pursuant to this Section 13.1, based on or arising from claims that the Vendor Products, the Services or any Vendor components thereof infringe, misappropriate or violate any patent, trademark, copyright, trade secret or other intellectual property rights right of othersany third party which is enforceable in the United States (collectively, and we ask you to do “Intellectual Property Rights”), provided that the same. The Company mayIndemnified Parties involved shall cooperate, at Vendor’s expense, in appropriate circumstances all reasonable respects with Vendor and at our discretionits attorneys in the investigation, terminate service and/or access to this Site for users who infringe the intellectual property rights trial and defense of otherssuch lawsuit or action and any appeal arising therefrom. If you believe that your work is the subject of copyright infringement and/or trademark infringement and appears on our Site, please provide the Company’s designated agent the following information: • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. • Identification of the copyrighted and/or trademarked work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works at that site. • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that claim for Losses is to be removed made by a party entitled to indemnification hereunder against Vendor, the party claiming such indemnification shall give written notice (a “Claim Notice”) to Vendor as soon as reasonably practicable after the party entitled to indemnification becomes aware of any fact, condition or access event which may give rise to Losses for which indemnification may be sought under this Agreement, provided, however, no delay on the part of any Company Indemnified Parties in notifying Vendor shall relieve Vendor from any obligation hereunder unless (and then solely to the extent) Vendor is thereby materially prejudiced. Notwithstanding the foregoing, the Company Indemnified Parties may, at their own cost, participate in the investigation, trial and defense of such lawsuit or action and any appeal arising therefrom; provided, however, that if Vendor assumes the defense of such lawsuit, action or investigation and any appeals and continues to pursue the defense of such lawsuit, action or investigation to conclusion and fulfills all of Vendor’s obligations in this Section 13, Vendor shall have sole control over the defense and settlement negotiations thereof (subject to the provisions of this Section 13) and while Vendor is defending such lawsuit, action or investigation Vendor shall not be disabled liable for any settlements entered into or expenses/costs incurred by any Company without Vendor’s prior written approval. The parties shall cooperate with each other in any notifications to insurers. If any lawsuit or enforcement action is filed against any party entitled to the benefit of indemnity hereunder, written notice thereof shall be given to Vendor as promptly as reasonably practicable (and in any event within fifteen (15) calendar days after the service of the citation or summons). Vendor shall be entitled, if it so elects, (i) to defend such lawsuit or action, (ii) to employ and engage attorneys of its own choice to handle and defend the same, at the SiteVendor’s cost, risk and expense, and information reasonably sufficient (iii) to permit compromise or settle such Claim, which compromise or settlement may be made without the written consent of the Company to locate the material. • Information reasonably sufficient to permit Indemnified Parties if such compromise or settlement (A) includes an unconditional release of any claims against the Company to contact you as the complaining partyIndemnified Parties, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted. • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright and/or trademark owner, its agent, or the law. • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. The Company’s agent for notice of claims of copyright or trademark infringement on this Site can be reached as follows: Xxxx Xxxxxx, President, Eagle Analytics, LLC, 0000 Xxxx Xxxxxxx, Xxxxx 000, Xxxxxxx, Xxxxx 00000. Please also note that for copyright infringements under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing but may be subject to liabilitythe options set forth in Section 13.2, (B) contains no admission of wrongdoing by any Company Indemnified Party, and (C) does not require the payment of any monies by any Company Indemnified Party. Submitting Any other compromise or settlement shall require the written consent of the Company Indemnified Parties involved (which may not be unreasonably withheld). If Vendor fails to so assume the defense of a DMCA Counter-Notification We filed lawsuit or enforcement action related to such Claim within fifteen (15) calendar days after receipt of the such Notice, or assumes such defense but thereafter abandons such defense, the Company Indemnified Parties against which such filed lawsuit or enforcement action related to such Claim has been asserted will notify you that we (upon delivering notice to such effect to Vendor) have removed the right to undertake , at Vendor’s cost and expense, the defense, compromise or disabled access settlement of such Claim on behalf of and for the Nortel Networks and Cricket Communications Proprietary and Confidential Information account and risk of Vendor. In the event any Company Indemnified Parties assume the defense of the Claim due to copyright-protected material that you providedthe Vendor’s failure to so assume the defense of such claim within fifteen (15) calendar days, if such removal is Company Indemnified Parties will keep Vendor reasonably informed of the progress of any such defense, compromise or settlement. Vendor shall be liable for any settlement or compromise of any action effected pursuant to a valid DMCA take-down notice that we have received. If you receive such notice from usand in accordance with this Agreement and for any final judgment (subject to any right of appeal), you may provide us with a counter-notification in writing and Vendor agrees to indemnify and hold harmless the Company designated agent that includes all Indemnified Parties from and against any Losses by reason of the following information:such settlement or judgment.

Intellectual Property Infringement. The Company respects We respect the intellectual property rights of others, and we ask you to do the same. The Company You represent and warrant that you have all rights and/or licenses required for any materials that you publish, incorporate or otherwise display in connection with the Site and/or Applications, and you hereby agree that you shall not publish, incorporate or otherwise display any intellectual property of any third party without all necessary rights and licenses. We may, in appropriate circumstances and at our discretion, terminate service and/or access to this the Site and/or Applications for users who infringe the intellectual property rights of others. If you believe that your work is the subject of copyright infringement and/or trademark infringement and appears on our SiteSite or in our Applications, please provide the Company’s our designated agent with the following information: information in accordance with the provisions of the Digital Millennium Copyright Act (“DMCA”): • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. • Identification of the copyrighted work and/or trademarked work trademark claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such copyrighted works at that site. • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled at the Site, and information reasonably sufficient to permit the Company us to locate the material. • Information reasonably sufficient to permit the Company us to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted. • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright and/or trademark owner, its agent, or the law. • ∞ A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. The Company’s Our agent for notice of claims of copyright or trademark infringement on this Site can be reached as follows: Xxxx Xxxxxx, President, Eagle Analytics, LLC, 0000 Xxxx Xxxxxxx, Xxxxx 000, Xxxxxxx, Xxxxx 00000. Please also note that for copyright infringements under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability. Submitting a DMCA Counter-Notification We will notify you that we have removed or disabled access to copyright-protected material that you provided, if such removal is pursuant to a valid DMCA take-down notice that we have received. If you receive such notice from us, you may provide us with a counter-notification in writing to the Company designated agent that includes all of the following information: