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10/29/2020 PowerDMS Terms and Conditions <br /> Information of Customer. PowerDMS may use Anonymized Data to create reports that it may use <br /> and disclose for PowerDMS's commercial or other purposes. <br /> 3.4 Reservation of Rights. No rights or licenses are granted except as expressly set forth herein. <br /> Without limiting the foregoing, subject to the limited rights expressly granted in this Section 3, all <br /> right, title and interest (including all related Intellectual Property Rights) in and to (a) the Services <br /> and the PowerDMS Technology is retained by PowerDMS, and (b) the Customer Data is retained by <br /> Customer. <br /> 3.5 Feedback and Volunteered Data. Customer grants PowerDMS a worldwide, perpetual, <br /> irrevocable, royalty-free license to use, disclose, reproduce, license or otherwise distribute and <br /> incorporate into the Services and the PowerDMS Technology any "Volunteered Data". <br /> 3.6 Federal Government Use. If the Services or the PowerDMS Technology are made available to a <br /> federal government end user, for ultimate federal government end use, technical data and software <br /> rights related to the Services include only those rights customarily provided to the public as <br /> specified in this Agreement. <br /> 4. Fees <br /> 4.1 Fees. Customer will pay PowerDMS all fees specified in a Service Order. Except as otherwise <br /> specified in this Agreement or in a Service Order Form, payment obligations are non-cancelable, <br /> and fees paid are non-refundable, and quantities purchased cannot be decreased during the <br /> relevant subscription term. <br /> 4.2 Payment Terms. Each Service Order shall specify the fees applicable to the Subscription Term. <br /> Except as otherwise specified in a Service Order, fees are billed annually in advance of each year of <br /> the Subscription Term, but regardless of the billing cycle, Customer is responsible for the fees for <br /> the entire Subscription Term. Fees are due within thirty (30) days from the date of the invoice <br /> referencing such Service Order. <br /> 4.3 Customer Purchase Orders. Except as otherwise specified in a Service Order, Customer will not <br /> require any purchase order to pay fees due or otherwise to perform its obligations with respect to <br /> any Service Order. Any reference to a purchase order in a Service Order or any associated invoice is <br /> solely for Customer's convenience in record keeping, and no such reference or any delivery of <br /> services to Customer following receipt of any purchase order shall be deemed an <br /> acknowledgement of or an agreement to any terms or conditions referenced or included in any <br /> such purchase order or in any way be deemed to modify, alter, supersede or supplement any <br /> Service Order or this Agreement. <br /> https://www.powerdms.com/terms-and-conditions/ 6/16 <br />