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s. Use the Products for Fault-Intolerant Activities as described in Article 8.3a of this Agreement. <br /> ARTICLE 5. ONLINE SERVICES <br /> 5.1 User Activity. Licensee is responsible for any use of the Online Services through Licensee's account or other <br /> means of accessing the Online Services specific to Licensee,whether authorized or unauthorized and any liability <br /> incurred as a result. <br /> 5.2 Unauthorized Access. Licensee will use all reasonable efforts to prevent unauthorized access to or use of the <br /> Online Services and will not share any passwords, user names, access keys or other login credentials for the Online <br /> Services. Licensee will promptly notify LATITUDE of any known or suspected unauthorized access to or use of the <br /> Online Services or any loss,theft or unauthorized use of login credentials. <br /> 5.3 Modification of Online Services. LATITUDE may implement updates to modify the features or functions of the <br /> Online Services("Update")at any time and at its sole discretion. In the event an Update results in the removal of <br /> material functionality of the Online Services, LATITUDE shall endeavor to provide Licensee with at least sixty(60) <br /> days notice of the Update and Licensee may,within 60 days of receiving such notice,terminate the subscription by <br /> providing written notice to LATITUDE and receive a refund of any prepaid subscription fees prorated for the <br /> remainder of the subscription term following the termination date. <br /> 5.4 Suspension of Online Services. LATITUDE reserves the right to temporarily suspend Licensee's access to or <br /> use of the Online Services in the event: (i) LATITUDE reasonably believes that Licensee's access to or use of the <br /> Online Services may result in liability to LATITUDE or adversely affect the integrity, functionality or usability of the <br /> Online Services, including without limitation, interfering with the access to or use of the Online Services by other <br /> users; (ii) Licensee is in breach of this Agreement, including without limitation, a failure to pay any amounts due under <br /> this Agreement; or(iii)the Online Services are undergoing scheduled maintenance. LATITUDE shall not be <br /> responsible for any damages, liabilities or losses of Licensee in connection with any suspension of the Online <br /> Services that result from the foregoing. <br /> 5.5 Licensee Content. Licensee shall at all times remain the owner of Licensee Content. Licensee hereby grants to <br /> LATITUDE a non-exclusive, royalty-free, perpetual, irrevocable, transferable,world-wide license(with the right to <br /> sublicense)to access, use, reproduce, modify,transmit, display, store, index and archive the Licensee Content solely <br /> for the purposes of: (i) providing the Online Services to Licensee,and (ii)generating and exploiting aggregated and/or <br /> statistical data, provided that such data does not contain information that is personally identifiable or identifiable with <br /> Licensee. <br /> 5.6 Transmission of Data. Licensee acknowledges that hosting data online involves risks of unauthorized access <br /> and disclosure and that such risk is inherent in Licensee's access to and use of the Online Services. Licensee agrees <br /> that LATITUDE will not be responsible or liable in any manner for any Licensee Content or other data which is lost, <br /> altered or intercepted without authorization due to errors or actions of third parties,and LATITUDE offers no <br /> representations or warranties with respect to the foregoing. <br /> 5.7 Third Party Products and Services. Licensee acknowledges that the Online Services are provided in part <br /> through the use of third party software, hardware, and hosting and storage services. While LATITUDE has used <br /> reasonable efforts to engage high quality third party product and services providers, neither LATITUDE nor its third <br /> party suppliers shall be responsible for, and provide no representations or warranties with respect to, any third party <br /> hardware, software or services used in connection with the delivery of the Online Services. <br /> ARTICLE 6. PRIVACY <br /> 6.1 Privacy Policy. Licensee acknowledges it has been informed about the LATITUDE Privacy Policy located at <br /> www.geocortex.com/legal (the"Privacy Policy"),which is applicable to the collection, use and disclosure by <br /> LATITUDE of personal information relating to Licensee and/or its representative(s) in the context of LATITUDE <br /> performing this Agreement and related purposes which is incorporated by reference into this Agreement. <br /> 6.2 Personal Data. Licensee acknowledges that Licensee Content may be capable of identifying individual users of <br /> the Online Services or other natural persons ("Personal Information"). Personal Information is collected and used by <br /> LATITUDE for the purpose of providing the Online Services to Licensee in accordance with this Agreement. <br /> 6.2.1 Application of Regulation (EU)2016/679(EU GDPR). If Licensee is located in the European <br /> Economic Area, the Data Protection Addendum, located at www.geocortex.com/legal (the"Data Protection <br /> Addendum") shall apply and is hereby incorporated by reference into this Agreement. In such event, <br /> L200 10/2018 Page 5 of 13 <br />