5.2.8 The use or disclosure by Socrata of any Customer information not necessary for,nor directly
<br /> connected with, the performance of Socrata's responsibility with respect to Services is
<br /> prohibited, except upon the express written consent with the Customer or when the Customer
<br /> uploads or provides Customer information to Socrata's platform, Customer grants to Socrata a
<br /> non-exclusive, worldwide, royalty-free, sub-licensable, and transferable license to use,
<br /> reproduce, publicly display, distribute, modify, create derivative works of, and translate the
<br /> Customer information as needed in response to a User's use of the Customer's SaaS or otherwise
<br /> use by Public Users.
<br /> d. Data Security Measures.
<br /> • Security Measures. In order to protect Customer's Confidential Information, Company
<br /> will maintain FedRAMP authorization or industry equivalent, as well as (i) implement and
<br /> maintain all reasonable security measures appropriate to the nature of the Confidential
<br /> Information including without limitation, technical, physical, administrative and
<br /> organizational controls, and will maintain the confidentiality, security and integrity of
<br /> such Confidential Information;(ii)implement and maintain industry standard systems and
<br /> procedures for detecting, preventing and responding to attacks, intrusions, or other
<br /> systems failures and regularly test or otherwise monitor the effectiveness of the
<br /> safeguards' key controls, systems, and procedures; (iii) designate an employee or
<br /> employees to coordinate implementation and maintenance of its Security Measures (as
<br /> defined below); and (iv) identify reasonably foreseeable internal and external risks to the
<br /> security, confidentiality and integrity of Customer's Confidential Information that could
<br /> result in the unauthorized disclosure, misuse, alteration, destruction or other
<br /> compromise of such information, and assess the sufficiency of any safeguards in place to
<br /> control these risks (collectively,Security Measures).
<br /> • Exclusion. Company is not responsible for any data breach caused by Customer, its users
<br /> or contractors, or otherwise arising from their technology or systems or networks
<br /> (including but not limited to Non-Company Applications),or where Customer Data is used
<br /> with a Trial Service.
<br /> 6. COMPANY PROPERTY.
<br /> a. Reservation of Rights.The software,services,workflow processes, user interface,designs,and
<br /> other technologies provided by Company as part of the Service or Implementation Services are
<br /> the proprietary property of Company and its licensors, and all right, title and interest in and to
<br /> such items, including all associated intellectual property rights, remain only with Company.
<br /> Customer may not remove or modify any proprietary marking or restrictive legends in the
<br /> Service. Company reserves all rights unless expressly granted in this agreement.
<br /> b. Restrictions. Customer may not (i) sell, resell, rent or lease the Service or use it in a service
<br /> provider capacity; (ii)use the Service to store or transmit infringing, unsolicited marketing emails,
<br /> libelous, or otherwise objectionable, unlawful or tortious material, or to store or transmit
<br />
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