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no right whatsoever to all or any part of the Hosting Services, underlying system or software except the limited right to access and use the Hosting Services in accordance with the terms of this Agreement and the Software License Agreement SmartWorks, its service providers and its licensors reserve all rights not expressly granted to Customer. Customer must fully reproduce any copyright or other notice marked on any part of the documentation or other materials on all authorized copies and must not alter or remove any such copyright or other notice. Customer shall report to SmartWorks any infringement or misappropriation of SmartWorks Intellectual Property Rights or other rights in the Hosting Services or the Documentation of which Customer becomes aware. Customer hereby grants to SmartWorks a royalty -free, worldwide, irrevocable, perpetual license to use and incorporate into the Hosting Services, and underlying system and software any suggestions, ideas, enhancement requests, recommendations or other feedback provided by Customer relating to the operation of the Hosting Services. (b) Customer Data. As between SmartWorks and Customer, all Data will remain the sole and exclusive property of Customer. Customer is solely responsible for ensuring the accuracy, quality, integrity, reliability, appropriateness and right to view and use the Data. Subject to the terms and conditions of the Agreement, Customer grants to SmartWorks a world-wide, non-exclusive, royalty -free license to access the Data for the purpose of performing the Hosting Services. Access to the Data shall only be by SmartWorks' employees and/or subcontractors whosejob function requires access. Except as specified in this Agreement, SmartWorks may not access the Data for any other purpose without the express written consent of Customer. Access to Data by any outside party shall only be in accordance with the terms of this Agreement or where required by law. Customer grants to SmartWorks a world-wide, non-exclusive, royalty -free license to aggregate or compile Data with the customer data of other customers using the Hosting Services so long as such aggregation or compilation omits any data that would enable the identification of Customer, its clients or any individual, company or organization ("Aggregated Data"). ) SmartWorks shall have a worldwide, perpetual, royalty -free license to use, modify, distribute and create derivative works based on such Aggregated Data, including all reports, statistics or analyses created or derived therefrom. Additionally, Customer grants SmartWorks the right to access Data to provide feedback to Customer concerning its use of the Hosting Services. Customer authorizes SmartWorks to disclose the fact that Customer is a customer of SmartWorks and uses the Hosting Services. If and to the extent (i) SmartWorks and its third party service provider are processing personal data on behalf of Customer acting as Customer's subprocessor, and (ii) the European General Data Protection Regulation (EU/2016/679) ("GDPR") applies to such processing of personal data, to the extent legally required Customer shall enter into a data processing agreement. SmartWorks' third party service provider and its affiliates, and their contractors and subprocessors, may wherever they do business, store and otherwise process business contact information ("BCI") of Customer and its Users, for example, name, business telephone, address, email, and user IDs for business dealings with them. Where notice to or consent by the individuals is required for such processing, Customer will notify and obtain such consent. SmartWorks' third party service provider may use personnel and resources in locations worldwide and third party suppliers to support the delivery of its products and services. SmartWorks' third party service provider collects Account Data, defined as information other than Data and BCI that Customer provides to the third party service provider to enable SmartWorks' or Customer's use of the third party service provider's products or that it collects using tracking technologies, such as cookies and web beacons, regarding SmartWorks' or Customer's use of the third party service provider's products. Additional details are available at the link to SmartWorks' third party service provider's Online Privacy Statement set out in Schedule "A". (c) Data and Privacy Policy of Customer The Customer represents and warrants to SmartWorks that: N. Harris Computer Corporation — Confidential Page 9 of 18