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Template revision date:July 2020 OPA Review#2021ZQ-115O5 <br /> 4,1. Updates.Subject to Section 4.2(Notice): <br /> a. USGS is under no obligation to provide maintenance for the ShakeAlert Materials.If,in its sole <br /> discretion,USGS makes an update available to Licensee,it will be deemed incorporated into the <br /> ShakeAlert Materials and subject to this Agreement. <br /> b. USGS reserves the right to make any and all changes to ShakeAlert Materials that it deems <br /> necessary to maintain and improve the function of the system. <br /> 4.2. Notice.USGS will use best efforts to: <br /> a. provide at least 14 days' advance written notice to Licensee of any of any changes,fixes,patches, <br /> or updates that it makes to ShakeAlert API;and <br /> b. notify Licensee within 24 hours of any unexpected disruptions or malfunctions that occur and <br /> affect the ShakeAlert Materials. <br /> 5. Feedback, <br /> As consideration for this Agreement,the Licensee will provide suggestions and feedback regarding the <br /> ShakeAlert Materials,including,but not limited to, functionality,design,usability,bugs,and results of any <br /> testing performed by Licensee on a quarterly basis or upon the request by the USGS.The USGS is free to share <br /> feedback not classified as proprietary or confidential with ShakeAlert Partners to use and incorporate any <br /> feedback in USGS'products,without payment of royalties or other consideration to the Licensee,so long as <br /> adoption by USGS does not infringe any active patents,copyrights,or trade secret of the Licensee. <br /> 6. Passwords and Security. <br /> Licensee is required to register as an authorized user for access to ShakeAlert Materials.Registration will <br /> include a username,password and contact information("User Credentials"). For convenience,usernames will <br /> reasonably reflect the name of the Licensee,User Credentials must be kept accurate and up to date.Licensee is <br /> responsible for maintaining the confidentiality of its User Credentials and will not share its User Credentials <br /> with anyone or use the User Credentials of others.While USGS will use its best efforts to provide advance <br /> notice,USGS reserves the right to disable,delete,or change Authorized User Credentials at any time if USGS <br /> reasonably believes that doing so is in the best interests of the government or serves the public's interest, <br /> immediately without any advance notice, <br /> 7. Attribution. <br /> If Licensee publishes research or otherwise publicly discloses information related to the ShakeAlert Materials <br /> that is permitted by this Agreement,then Licensee upon written approval by USGS,shall give appropriate credit <br /> to the USGS as the source of the ShakeAlert Materials.Licensee is permitted to use the name,USGS,in black <br /> and white,non-stylized text for limited purpose of USGS attribution in a scientific publication.For use of actual <br /> "USGS"mark,Licensee shall follow USGS Office of Communications and Publishing recommendations <br /> regarding appropriate format.Licensee shall send notice to USGS as indicated in Section 17(Notices)of this <br /> Agreement for file and requested color.Guidance may also be found at https://www.usgs.gov/information- <br /> policies-and-instructions/usgs-visual-identity-system. <br /> 8. Prohibition on the Distribution of Warning Signals. <br /> Licensee is not authorized to transmit messages,notifications,alerts,or warnings derived from the ShakeAlert <br /> Materials to unauthorized clients or to the public under this Agreement. <br /> 9. Disclaimers;Warranties; Limitation of Liability. <br /> 9.1. Disclaimers. <br /> ShakeAlert Evaluation License Agreement,Application,and Statement of Work-07/2020 Page 4 of 10 <br />