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<br />FUELING SOLUTIONS
<br />7. RESPONSIBILllY FOR CONTENT
<br />DFS Extranet Terms of Use
<br />(a)You acknowledge and agree that all information, data, data records, databases, text,
<br />software, music, sounds, photographs, images, graphics, videos, messages, scripts, tags and other content
<br />and materials accessible through the Site, whether publicly posted or privately transmitted ("Content"), are the
<br />sole responsibility of the person from whom such Content originated. This means that you, and not DFS, are
<br />entirely responsible for all Content that you upload, post, email, transmit or otherwise make available through
<br />the Site ("Your Content"), and other users of the Site, and not DFS, are similarly responsible for all Content
<br />they upload, post, email, transmit or otherwise make available through the Site ("User Content").
<br />(b)You acknowledge and agree that DFS has no obligation to pre-screen any Content (including
<br />Your Content and User Content), although DFS reserves the right in its sole discretion to pre-screen, refuse or
<br />remove any Content. Without limiting the generality of the foregoing sentence, DFS shall have the right to
<br />remove any Content that violates this TOU or that it deems objectionable.
<br />(c)To the extent that you submit any Content, you represent and warrant that: (i) you have all
<br />necessary right and authority to grant the rights set forth in this TOU with respect to Your Content; and (ii) Your
<br />Content does not violate any duty of confidentiality owed to another party, or the copyright, trademark, right
<br />of privacy, right of publicity or any other right of any other party.
<br />8. RIGHTS TO CONTENT
<br />(a)DFS does not claim ownership of Your Content. However, you grant 0FS and its service
<br />providers a worldwide, perpetual, royalty-free, fully-paid-up, non-exclusive, sublicensable, transferable license
<br />to use, reproduce, modify, adapt, create derivative works from, publicly perform, publicly display, distribute,
<br />make and have made Your Content (in any form and any medium, whether now known or later developed) as
<br />necessary to (i) provide access to the Site to you and other users (including any maintenance, calibration,
<br />diagnostic, and troubleshooting); and (ii) monitor and improve the Site.
<br />(b)You acknowledge and agree that DFS may collect or generate Aggregate Data in connection
<br />with providing you with access to the Site, and you hereby grant DFS and its service providers a perpetual,
<br />irrevocable, worldwide, royalty-free, fully-paid-up, non-exclusive, sublicensable, transferable license to use,
<br />reproduce, modify, adapt, create derivative works from, publicly perform, publicly display, distribute, make and
<br />have made Aggregate Data for any lawful purpose. "Aggregate Data" means Your Content that has been
<br />aggregated with information from other users or otherwise de-identified in a manner that does not allow such
<br />data about you to be separated from the aggregate data and identified as originating from you.
<br />(c)Except with respect to Your Content, you acknowledge and agree that, as between you and
<br />DFS, DFS and its licensors own all rights, title and interest (including all intellectual property rights) in the Site
<br />and all Content and other materials within the Site. The Site is protected by U.S. and international copyright,
<br />trademark, patent and other intellectual property laws and treaties. DFS reserves all rights not expressly
<br />granted to you herein.
<br />9.CONFIDENTIALllY
<br />(a)As used herein, "Confidential Information" means information disclosed or made available by
<br />DFS through the Site that DFS identifies as confidential or proprietary or, given the nature of the information or
<br />the circumstances surrounding its disclosure, should reasonably be understood to be confidential or
<br />proprietary. Confidential Information shall include, but not be limited to, information relating to DFS' intellectual
<br />property; technology; know-how; prototypes; current and future products and services; product manuals and
<br />documentation; processes; customers; vendors; employees; contractors; business plans and methods;
<br />research and development; promotional and marketing activities; finances; contracts and business
<br />arrangements; and other business affairs. Confidential Information shall not include any information that: (i) is
<br />known or becomes known to the public in general (other than as a result of a breach of this Section 9); (ii) was
<br />known by you or in your lawful possession prior to receipt from DFS; (iii) is or has been independently developed
<br />or conceived by you without use of or reference to Confidential Information; or (iv) is or has been made known
<br />or disclosed to you by a third party without a breach of any obligation of confidentiality.
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