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NEOGOV TM
<br />to time and is addressed in a variety of methods including scalable architecture and infrastructure, log checking,
<br />performance maintenance, and other preventative tasks.
<br />b) Modifications, Updates, and Upgrades. NEOGOV may in its sole discretion, periodically modify, Update, and Upgrade
<br />the features, components, and functionality of the Services during the Term. "Update" means any update, bug fix, patch
<br />or correction of the Services or underlying NEOGOV software that NEOGOV makes generally available to its customers
<br />of the same module, excluding Upgrades. Updates are automatic and available upon Customer's next loginto the Services
<br />following an Update at no additional cost to Customer. "Upgrade" means any update of the Services or underlying
<br />NEOGOV software such as platform updates, and major product enhancements and/or new features that NEOGOV
<br />makes commercially available. NEOGOV shall have no obligation to provide Upgrades to customers and retains the right
<br />to offer Upgrades free of cost or on a per customer basis at additional cost. NEOGOV shall have no liability for, or any
<br />obligations to, investments in, or modifications to Customer's hardware, systems or other software which may be
<br />necessary to use or access the Services due to a modification, Update, or Upgrade of the Services.
<br />c) Training Materials. Primary training of NEOGOV Services is conducted by self -review of online materials. NEOGOV's
<br />pre -built, online training consists of a series of tutorials to introduce the standard features and functions (the "Training
<br />Materials"). The Training Materials may be used as reference material by Customer Personnel conducting day-to-day
<br />activities.
<br />d) Implementation For Services requiring implementation, NEOGOV implementation supplements the Training Materials
<br />and is conducted off -site, unless otherwise agreed in the Ordering Document. NEOGOV personnel will provide dedicated
<br />consultation on best practices for setting up the Services, answer Customer questions during the implementation period,
<br />and ensure Personnel grasp the system.
<br />e) Support. Phone support for the Services is available to Customer between the hours of 6:OOAM and 6:OOPM, Pacific
<br />Time, Monday through Friday, excluding NEOGOV holidays. Online support for the Services is available 24 hours a
<br />day, seven days a week. The length of time for a resolution of any problem is fully dependent on the type of case (i.e,
<br />High/Medium/Low priority, question, enhancement request).
<br />I) Limitations. Unless otherwise specified in the Ordering Document, this Agreememdoes notobligate NEOGOV to render
<br />any maintenance or support services that are not expressly provided herein, including, but not limited to data uploads,
<br />manual data entry, migration services, data conversion, refinement, purification, reformatting, SQL dump, or process
<br />consultation.
<br />9. NEOGOV Intellectual Property. NEOGOV shall exclusively own all right, title and interest in and to all pre-existing and
<br />future intellectual property developed or delivered by NEOGOV including all Services, products, systems, software (including
<br />any source code or object code) or Service Specifications related thereto, Updates or Upgrades, trademarks, service marks,
<br />logos and other distinctive brand features of NEOGOV and all proprietary rights embodied therein (collectively, the
<br />"NEOGOV Intellectual Property"). This Agreement does not convey or transfer title or ownership of the NEOGOV
<br />Intellectual Property to Customer or any of its users. All rights not expressly granted herein are reserved by NEOGOV. Other
<br />than recommendation use or as required by law, all use of NEOGOV Trademarks most be pre -approved by NEOGOV prior
<br />to use. Trademarks shall include any word, name, symbol, color, designation or device, or any combination thereof that
<br />functions as a source identifier, including any trademark, trade dress, service mark, trade name, logo, design mark, or domain
<br />name, whether or not registered.
<br />10. Data Processing and Privacy.
<br />a) Customer Data. "Customer Data" shall mean all data that is owned or developed by Customer, whether provided to
<br />NEOGOV by Customer or provided by a third party to NEOGOV in connection with NEOGOV's provision of Services
<br />to Customer, including Personnel or Job Seeker Profile Data collected, loaded into, or located in Customer data files
<br />maintained by NEOGOV. NEOGOV intellectual property, including but not limited to the Services and all derivative
<br />works thereof, NEOGOV Confidential Information, and Platform Data do not fall within the meaning of the term
<br />"Customer Data". Customer exclusively own all right, title, and interest in and to all Customer Data. Customer grants
<br />NEOGOV a license to host, use, process, display, create non -personal derivative works of, and transmit Customer Data
<br />to provide the Services.
<br />b) Platform Data. "Platform Data" shall mean any data reflecting the access or use of the Services by or on behalf of
<br />Customer or any Authorized User, including any end user visit, session, impression, clickthrougb or click stream data,
<br />non -personal Usage Data, Account, Log, Device, Publication, Tracking, and Transaction Data as defined in NEOGOV's
<br />Privacy Policy, and any statistical or other analysis, information, or data based on or derived from any of the foregoing.
<br />NEOGOV shall exclusively own all right, title and interest in and to all Platform Data. NEOGOV grants to Customer a
<br />limited, non -perpetual, non-exclusive, non -transferable, and non-sublicensable license during the Term to use and access,
<br />NSA-v050119 - PUBLISHED May 1, 2019
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