Common use of Backup of Data Clause in Contracts

Backup of Data. Licensee shall maintain copies of all data and information inputted by Licensee into FIRSTBIT ERP Software. FBT adheres to reasonable practices and procedures to prevent data and information loss, but does not make any guarantees that there will be no loss of data or information. FBT expressly excludes and disclaims any liability for any loss of Licensee’s data and information, no matter how such loss was caused. Privacy and data security. FBT agrees that it shall use best efforts to (i) keep and maintain Information in strict confidence, using such degree of care as is appropriate to avoid unauthorized access, use or disclosure; and (ii) use and disclose Information solely and exclusively for the purposes for which the Information, or access to it, is provided pursuant to the terms and conditions of this Agreement, and not use, sell, rent, transfer, distribute, or otherwise disclose or make available Information for FBT’s own purposes or for the benefit of anyone other than Licensee, in each case, without Licensee’s prior written consent. Maintenance and support. FBT’s obligations, if any, to provide maintenance and support is subject to the following: (a) Licensee shall provide FBT with sufficient access to its account and personnel to duplicate and resolve errors; (b) Licensee shall provide supervision, control and management of the use of FIRSTBIT ERP Software; (c) Licensee shall document and promptly report all errors or malfunctions in FIRSTBIT ERP Software to FBT, and (d) Licensee shall take all steps necessary to carry out procedures for the rectification of errors or malfunctions within a reasonable time after such procedures have been received from FBT. Notwithstanding the foregoing, FBT shall be under no obligation to provide any updates, enhancements, modifications, revisions, or additions to FIRSTBIT ERP Software. No unlawful or prohibited use. As a condition of your use of FIRSTBIT ERP Software, you warrant that you will not use FIRSTBIT ERP Software for any purpose that is unlawful or prohibited by this Agreement. You may not use FIRSTBIT ERP Software in any manner which could damage, disable, overburden, or impair FIRSTBIT ERP Software or interfere with any other party’s use and enjoyment of FIRSTBIT ERP Software. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through FIRSTBIT ERP Software. The following is a non-exclusive list of actions that FBT considers to be inappropriate and thus prohibited. The examples identified in this list are provided as examples only for your guidance. If you are unsure whether any contemplated use or action is permitted, please contact FBT. Using FIRSTBIT ERP Software for any activity that violates any local, provincial, and federal or international law, order or regulation. Using FIRSTBIT ERP Software to transmit, distribute, store or access any material (by e-mail, publishing, uploading, posting or otherwise) which is inappropriate, profane, obscene, indecent, pornographic, libelous, harassing, constitutes a threat or encourages bodily harm or destruction of property, or otherwise objectionable or unlawful. Using FIRSTBIT ERP Software to transmit, distribute, store or access any material (by e-mail, publishing, uploading, posting, or otherwise) that infringes copyright, trademark, patent, trade secret, or other proprietary rights of any third party. You assume all risks regarding the determination of whether material is in the public domain. Using FIRSTBIT ERP Software to make fraudulent offers to buy or sell products, items, or services, or to advance any type of financial/soliciting scams including, but not limited to, “pyramid schemes,” “Ponzi schemes,” “mail bombing,” and “chain letters. Using FIRSTBIT ERP Software to harm or attempt to harm a minor, including, but not limited to, hosting, possessing, distributing, or transmitting child pornography or other material that is unlawful. Any fraudulent activities, including impersonating any person or entity or forging anyone else’s digital or manual signature. Disrupting or interfering with FIRSTBIT ERP Software in any way, including through the uploading of files which contain viruses, worms, “Trojan horses,” or other software or programs that may be damaging to FIRSTBIT ERP Software or another user’s computer. Using FIRSTBIT ERP Software to transmit, or to facilitate the transmission of, any unsolicited commercial e-mail or unsolicited bulk e-mail. Using FIRSTBIT ERP Software to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of FIRSTBIT ERP Software or another entity’s computer software or hardware, electronic communications system, or telecommunications system, whether or not the intrusion results in the corruption or loss of data. Using FIRSTBIT ERP Software to collect, or attempt to collect, personal information about third parties without their knowledge or consent. Reselling FIRSTBIT ERP Software. Using FIRSTBIT ERP Software for any activity that adversely affects the ability of other people or systems to use FIRSTBIT ERP Software or the Internet. Using FIRSTBIT ERP Software in any way that could damage or impair FBT’s reputation or goodwill.

Backup of Data. Licensee shall maintain copies of all data and information inputted by Licensee into FIRSTBIT ERP SoftwareERP/ FIRSTBIT ACCOUNTING SOFTWARE. FBT adheres to reasonable practices and procedures to prevent data and information loss, but does not make any guarantees that there will be no loss of data or information. FBT expressly excludes and disclaims any liability for any loss of Licensee’s data and information, no matter how such loss was caused. Privacy and data security. FBT agrees that it shall use best efforts to (i) keep and maintain Information in strict confidence, using such degree of care as is appropriate to avoid unauthorized access, use or disclosure; and (ii) use and disclose Information solely and exclusively for the purposes for which the Information, or access to it, is provided pursuant to the terms and conditions of this Agreement, and not use, sell, rent, transfer, distribute, or otherwise disclose or make available Information for FBT’s own purposes or for the benefit of anyone other than Licensee, in each case, without Licensee’s prior written consent. Maintenance and support. FBT’s obligations, if any, to provide maintenance and support is subject to the following: (a) Licensee shall provide FBT with sufficient access to its account and personnel to duplicate and resolve errors; (b) Licensee shall provide supervision, control and management of the use of FIRSTBIT ERP SoftwareERP/ FIRSTBIT ACCOUNTING SOFTWARE; (c) Licensee shall document and promptly report all errors or malfunctions in FIRSTBIT ERP Software ERP/ FIRSTBIT ACCOUNTING SOFTWARE to FBT, and (d) Licensee shall take all steps necessary to carry out procedures for the rectification of errors or malfunctions within a reasonable time after such procedures have been received from FBT. Notwithstanding the foregoing, FBT shall be under no obligation to provide any updates, enhancements, modifications, revisions, or additions to FIRSTBIT ERP SoftwareERP/ FIRSTBIT ACCOUNTING SOFTWARE. No unlawful or prohibited use. As a condition of your use of FIRSTBIT ERP SoftwareERP/ FIRSTBIT ACCOUNTING SOFTWARE, you warrant that you will not use FIRSTBIT ERP Software ERP/ FIRSTBIT ACCOUNTING SOFTWARE are for any purpose that is unlawful or prohibited by this Agreement. You may not use FIRSTBIT ERP Software ERP/ FIRSTBIT ACCOUNTING SOFTWARE in any manner which could damage, disable, overburden, or impair FIRSTBIT ERP Software ERP/ FIRSTBIT ACCOUNTING SOFTWARE or interfere with any other party’s use and enjoyment of FIRSTBIT ERP SoftwareERP/ FIRSTBIT ACCOUNTING SOFTWARE. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through FIRSTBIT ERP SoftwareERP/ FIRSTBIT ACCOUNTING SOFTWARE. The following is a non-exclusive list of actions that FBT considers to be inappropriate and thus prohibited. The examples identified in this list are provided as examples only for your guidance. If you are unsure whether any contemplated use or action is permitted, please contact FBT. Using FIRSTBIT ERP Software ERP/ FIRSTBIT ACCOUNTING SOFTWARE for any activity that violates any local, provincial, and federal or international law, order or regulation. Using FIRSTBIT ERP Software ERP/ FIRSTBIT ACCOUNTING SOFTWARE to transmit, distribute, store or access any material (by e-mail, publishing, uploading, posting or otherwise) which is inappropriate, profane, obscene, indecent, pornographic, libelouslibellous, harassing, constitutes a threat or encourages bodily harm or destruction of property, or otherwise objectionable or unlawful. Using FIRSTBIT ERP Software ERP/ FIRSTBIT ACCOUNTING SOFTWARE to transmit, distribute, store or access any material (by e-mail, publishing, uploading, posting, or otherwise) that infringes copyright, trademark, patent, trade secret, or other proprietary rights of any third party. You assume all risks regarding the determination of whether material is in the public domain. Using FIRSTBIT ERP Software ERP/ FIRSTBIT ACCOUNTING SOFTWARE to make fraudulent offers to buy or sell products, items, or services, or to advance any type of financial/soliciting scams including, but not limited to, “pyramid schemes,” “Ponzi schemes,” “mail bombing,” and “chain letters. Using FIRSTBIT ERP Software ERP/ FIRSTBIT ACCOUNTING SOFTWARE to harm or attempt to harm a minor, including, but not limited to, hosting, possessing, distributing, or transmitting child pornography or other material that is unlawful. Any fraudulent activities, including impersonating any person or entity or forging anyone else’s digital or manual signature. Disrupting or interfering with FIRSTBIT ERP Software ERP/ FIRSTBIT ACCOUNTING SOFTWARE in any way, including through the uploading of files which contain viruses, worms, “Trojan horses,” or other software or programs that may be damaging to FIRSTBIT ERP Software ERP/ FIRSTBIT ACCOUNTING SOFTWARE or another user’s computer. Using FIRSTBIT ERP Software ERP/ FIRSTBIT ACCOUNTING SOFTWARE to transmit, or to facilitate the transmission of, any unsolicited commercial e-mail or unsolicited bulk e-mail. Using FIRSTBIT ERP Software ERP/ FIRSTBIT ACCOUNTING SOFTWARE to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of FIRSTBIT ERP ACCOUNTING Software or another entity’s computer software or hardware, electronic communications system, or telecommunications system, whether or not the intrusion results in the corruption or loss of data. Using FI FIRSTBIT ERP Software to ERP/ FIRSTBIT ACCOUNTING SOFTWARE collect, or attempt to collect, personal information about third parties without their knowledge or consent. Reselling FIRSTBIT ERP SoftwareERP/ FIRSTBIT ACCOUNTING SOFTWARE. Using FIRSTBIT ERP Software ERP/ FIRSTBIT ACCOUNTING SOFTWARE for any activity that adversely affects the ability of other people or systems to use FIRSTBIT ERP Software ERP/ FIRSTBIT ACCOUNTING SOFTWARE or the Internet. Using FIRSTBIT ERP Software ERP/ FIRSTBIT ACCOUNTING SOFTWARE in any way that could damage or impair FBT’s reputation or goodwill. INJUNCTIVE RELIEF: Licensee understands and agrees that its breach of this Agreement will cause FBT irreparable damage for which recovery of money damages would be inadequate, and that FBT shall therefore be entitled to obtain timely injunctive relief to protect FBT’s rights under this Agreement in addition to any and all remedies available at law, without the necessity of a bond.