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(a) Company in its sole and absolute discretion determines any TPS, and the
<br />versions of any TPS, to include in any Package provided by Company and whether and
<br />when, if at all, to provide or make available any updated, upgraded, corrected, or
<br />additional TPS or Packages. Company makes no representations or warranties
<br />whatsoever regarding the compatibility of any TPS with any third -party hardware,
<br />operating system software, Internet services, or any other products or services. TPS and
<br />Packages are not eligible for any Support Services from Company. ALL TPS AND
<br />PACKAGES ARE PROVIDED OR MADE AVAILABLE STRICTLY ON AN "AS IS"
<br />BASIS WITHOUT ANY REPRESENTATIONS, WARRANTIES, OR GUARANTEES
<br />WHATSOEVER, AND ARE SUBJECT TO ALL THE DISCLAIMERS PROVIDED
<br />FOR IN SECTION 16 BELOW.
<br />(b) Customer acknowledges and agrees that Customer is not purchasing or
<br />being granted any licenses or rights to any TPS from Company and Company does not
<br />make any modifications or alterations to any TPS or the applicable licenses or terms
<br />therefor. Customer is bound by and shall comply with all applicable licenses and terms
<br />for all TPS and represents and warrants that Customer shall legally, timely, and properly
<br />accept, agree to, and comply with all applicable licenses and terms for all TPS. Customer
<br />shall defend, indemnify, and hold harmless Company, its owners, affiliates, and
<br />subsidiaries, and their respective officers, directors, shareholders, employees, contractors,
<br />and agents, from and against any and all claims, demands, actions, causes of action,
<br />lawsuits, proceedings, damages, awards, liabilities, losses, fines, costs, and expenses
<br />(including without limitation attorneys' fees, court costs, expert witness fees, and other
<br />expenses or costs incurred) of whatever kind or nature and regardless of the legal theory
<br />based on, arising from or otherwise relating many: (i) Customer failure to legally, timely
<br />and properly accept, agree to or comply with any third party licenses or terms applicable
<br />to any TPS; (ii) Customer failure to legally, timely and properly license any TPS; and/or
<br />(iii) Customer access to or use of, or inability to access or use, or unsatisfactory access to
<br />or use of, any TPS or Packages.
<br />7. Use Restrictions. Customer shall not, and shall require all persons to whom
<br />Customer gives access, directly or indirectly, to Company IP to not:
<br />(a) use (including make any copies of) Company IP beyond the scope of the
<br />license granted under Section I and/or the access right granted under Section 3 (as
<br />applicable);
<br />(b) provide any other Person, including any subcontractor, independent
<br />contractor, affiliate, or service company of Customer, with access to or use of the
<br />Company IP;
<br />(c) modify, translate, adapt, or otherwise create derivative works or
<br />improvements, whether or not patentable, of Company IP or any part thereof;
<br />(d) combine Company IF or any part thereof with, or incorporate Company IF
<br />or any part thereof, in any other programs;
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