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#4833-2294-9365.4 <br />Curtis Software as a Service Agreement <br />This Software as a Service Agreement (this "Agreement"), effective as of _May 20, 2024 (the <br />"Effective Date"), is by and between L.N. Curtis & sons, a California corporation (“Curtis”) <br />with offices located at 185 Lennon Lane, Suite 110, Walnut Creek, CA 94598 ("Provider"), and <br />the customer listed in the signature block of this Agreement ("Customer"). Provider and <br />Customer may be referred to herein collectively as the "Parties" or individually as a "Party." <br />WHEREAS, Provider provides access to the Services to its customers; and <br />WHEREAS, Customer desires to access the Services, and Provider desires to provide <br />Customer access to the Services, subject to the terms and conditions of this Agreement. <br />NOW, THEREFORE, in consideration of the mutual covenants, terms, and conditions set <br />forth herein, and for other good and valuable consideration, the receipt and sufficiency of which <br />are hereby acknowledged, the Parties agree as follows: <br />1. Definitions. <br />(a) "Aggregated Statistics" means data and information related to Customer's <br />use of the Services that is used by Provider in an aggregate and anonymized manner, <br />including to compile statistical and performance information related to the provision and <br />operation of the Services. <br />(b) "Authorized User" means Customer's employee(s), consultant(s), <br />contractor(s), and/or agent(s) (i) who is/are authorized by Customer to access and use the <br />Services under the rights granted to Customer pursuant to this Agreement and (ii) for <br />whom access to the Services has been purchased hereunder. <br />(c) "Customer Data" means, other than Aggregated Statistics, information, <br />data, and other content, in any form or medium, that is submitted, posted, or otherwise <br />transmitted by or on behalf of Customer or an Authorized User through the Services. <br />(d) "Documentation" means Provider's guides relating to the Services <br />provided by Provider to Customer either electronically or in hard copy form. <br />(e) "Provider IP" means the Services, the Documentation, and any and all <br />intellectual property provided to Customer or any Authorized User in connection with the <br />foregoing. For the avoidance of doubt, Provider IP includes Aggregated Statistics and any <br />information, data, or other content derived from Provider's monitoring of Customer's <br />access to or use of the Services, but does not include Customer Data. <br />(f) "Services" means the software-as-a-service offering provided by Provider <br />in the form of the CURTIS EDGE software platform and services. <br />(g) "Third-Party Products" means any third-party products described in <br />Exhibit A provided with or incorporated into the Services. <br />2. Access and Use.