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(i)Promote : DX Promote Minimum Environment Requirements;
<br />(ii) Monitor: DX Monitor Minimum Environment Requirements ;
<br />(iii)DX Fleet: DX Fleet Spec Sheet;
<br />(iv)Phoenix SQL: Phoenix SQL Spec Sheet; and
<br />Force Majeure. DFS shall not be in default or otherwise liable for any delay in or failure of its performance under this
<br />Agreement where such delay or failure arises by reason of any Act of God, or any government or any governmental body,
<br />war, insurrection, acts of terrorism, the elements, strikes or labor disputes, or other similar or dissimilar causes beyond DFS’s
<br />control. Subscriber acknowledges that the performance of certain of DFS’s obligations may require the cooperation of third
<br />parties designated by Subscriber and outside the control of DFS. In the event such third parties fail to cooperate with DFS in
<br />a manner that reasonably permits DFS to perform its obligations, such failures shall be considered as causes beyond the
<br />control of DFS for the purposes of this Section and shall not be the basis for a determination that DFS is in breach of any of
<br />its obligations under this Agreement or is otherwise liable. Either Party may terminate at its option this Agreement if any
<br />such situation continues for thirty (30) days and prevents the continued performance of this Agreement by the other Party.
<br />Collection and Protection of Licensee Data. By executing this Agreement, Subscriber and Distributor, as applicable, consent(s)
<br />and agree(s) to the collection and use of information about Subscriber’s and Distributor’s use of Subscription Services
<br />(hereinafter “Licensee Data”) in accordance, unless otherwise provided herein, with the privacy policy adopted by DFS and
<br />available on DFS’s website, at https://www.doverfuelingsolutions.com/privacy, with the provisions therein applicable mutatis
<br />mutandis to Licensee Data collected in connection with the performance of this Agreement. Except as provided herein, or in
<br />the privacy policy, DFS will not sell, rent, or lease Subscriber's or Distributor’s personally identifiable information (defined as
<br />information that can be used on its own or with other information to identify, contact or locate a single person or to identify
<br />an individual in context) to others, but may provide aggregated statistics, and sales and traffic patterns, that are anonymized,
<br />or site-specific pricing information, to third parties in exchange for compensation or to support, enhance or improve the
<br />Subscription Services. Distributor and Subscriber each consents and agrees that DFS may collect, use, transmit, process and
<br />maintain, and share, as described above, information related to Distributor’s and Subscriber’s account(s) and any registered
<br />devices or computers for the purposes of providing, supporting, enhancing or improving the Subscription Services. As such,
<br />DFS may collect technical data, including pricing data, aggregate statistics, sales, and traffic patterns related to or resulting
<br />from Distributor’s or Subscriber’s use of Services that may be used by DFS to support, improve and enhance the Subscription
<br />Services.
<br />Use Restrictions. Subscriber will not, and Distributor will not, directly or indirectly: (i) use the Subscription Services other than
<br />its own internal business purposes; (ii) use or access the Subscription Services in violation of any applicable law, rule or
<br />regulation; (iii) sell, resell, license, lease, transfer, redistribute, assign or otherwise commercially exploit or make the
<br />Subscription Services available to any third party (except by Distributor as expressly permitted by DFS); (iv) send, store, submit
<br />or upload libelous, unlawful or tortious material on or to the Subscription Services; (v) send, store, submit or upload malicious
<br />or harmful code on or to the Subscription Services; (vi) save to the extent necessary for the operation of the Subscription
<br />Services, send, store, submit or upload any personal data or personal information on or to the Subscription Services;
<br />(vii)interfere with or disrupt the integrity or performance of the cloud environment where the Subscription Services is
<br />deployed; (viii) attempt to circumvent security restrictions or protocols for the cloud environment where the Subscription
<br />Services is deployed; (ix) duplicate or reverse engineer the Subscription Services, in whole or in part; (x) disclose the results
<br />of any benchmarking test; or (xi) remove or modify any proprietary markings or notices on the Subscription Services or other
<br />materials delivered by DFS in the performance of this Agreement.
<br />Suspension of Access. DFS may, on written notice, suspend access to the Subscription Services without liability if: (i) DFS
<br />reasonably believes that the Subscription Services are being used in violation of this Agreement; (ii) Subscriber does not
<br />cooperate with reasonable investigation by DFS of any suspected violation of this Agreement; (iii) the Subscription Services,
<br />Licensee Data or any Subscriber content are accessed or manipulated by a third party without Subscriber consent; (iv) DFS is
<br />required by law, or a regulatory or government body to suspend access to the Subscription Services; (v) if any invoiced
<br />amounts remain unpaid by Subscriber; or (vi) there is another event for which DFS reasonably believes that the suspension
<br />of access to the Subscription Services is necessary to protect the cloud environment in which Subscriber’s instance of the
<br />Subscription Services is deployed.
<br />Acknowledgement:
<br />The following minimum deployment requirements (“Additional Terms”) apply to DX Promote and DX Monitor Subscription
<br />Services:
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