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FIFTH ASSET, INC. dba DEBTBOOK
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FIFTH ASSET, INC. dba DEBTBOOK
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Last modified
8/8/2024 3:38:59 PM
Creation date
6/15/2022 12:27:10 PM
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Contracts
Company Name
FIFTH ASSET, INC. dba DEBTBOOK
Contract #
N-2022-171
Agency
Finance & Management Services
Expiration Date
5/14/2023
Insurance Exp Date
11/1/2024
Destruction Year
2028
Notes
For Insurance Exp. Date see Notice of Compliance
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Documents, as amended, are incorporated into these Terms & Conditions by this reference. Current versions <br />of the Incorporated Documents are available at htti3s://www.debtbook.com/legal. <br />"Initial Tenn" means the Initial Term of the Services beginning on the Effective Date and ending on the <br />Initial Term End Date, as established in the Order Form. <br />"Order Forth" means (1) the order document executed and delivered by DebtBook and Customer for <br />the Initial Term or (2) to the extent applicable, any subsequent order document executed and delivered by <br />DebtBook and Customer for any Renewal Term, including, in each case, any applicable Order Form <br />Supplement. <br />"Order Forth Supplement" means any Order Form Supplement expressly referenced and incorporated <br />by reference into any Order Form. <br />"Privacy Policy" means, collectively, DebtBook's privacy policy and any similar data policies generally <br />applicable to all users of the Application Services, in each case as posted to DebtBook's website and as <br />updated from time to time in accordance with their terms. <br />"Renewal Tenn" means any renewal term established in accordance with the terms of the Agreement. <br />"Services" means, collectively, the Application Services, the Implementation Services, and the Support <br />Services. <br />"SLA" means the Service Level Addendum generally applicable to all users of the Application Services, <br />as posted to DebtBook's website and as updated from time to time in accordance with its terms. <br />"Support Services" means the general maintenance services and technical support provided in <br />connection with the Application, as more particularly described in the SLA. <br />'enn" means, collectively, the Initial Term and, if applicable, each successive Renewal Term. <br />"Usage Policy" means, collectively, DebtBook's acceptable usage policy, any end user licensing <br />agreement, or any similar policy generally applicable to all end users accessing the Application Services, in <br />each case as posted to DebtBook's website and as updated from time to time in accordance with its terms. <br />Each capitalized term used but not otherwise defined in these Terms & Conditions has the meaning <br />given to such term in the applicable Order Form. <br />2. Access and Use. <br />(a) Provision of Access. Subject to the terms and conditions of the Agreement, DebtBook grants <br />Customer and Customer's Authorized Users a non-exclusive, non -transferable (except as permitted by these <br />Terms) right to access and use the Application Services during the Term, solely for Customer's internal use and <br />for the Authorized Users' use in accordance with the Agreement. DebtBook will provide to Customer the <br />necessary passwords and network links or connections to allow Customer to access the Application Services. <br />(b) Documentation License. Subject to the terms and conditions of the Agreement, DebtBook <br />grants to Customer and Customer's Authorized Users a non-exclusive, non-sublicensable, non -transferable <br />(except as permitted by these Terms) license to use the Documentation during the Term solely for Customer's <br />and its Authorized User's internal business purposes in connection with its use of the Services. <br />(c) Customer Responsibilities. Customer is responsible and liable for its Authorized Users' access <br />and use of the Services and Documentation, regardless of whether such use is permitted by the Agreement. <br />Customer must use reasonable efforts to make all Authorized Users aware of the provisions applicable to their <br />use of the Services, including the Incorporated Documents. <br />(d) Use Restrictions. Customer may not at any time, directly or indirectly through any Authorized <br />User, access or use the Services in violation of the Usage Policies, including any attempt to (1) copy, modify, or <br />create derivative works of the Services or Documentation, in whole or in part; (2) sell, license, or otherwise <br />transfer or make available the Services or Documentation except as expressly permitted by the Agreement; or <br />(3) reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to any <br />software component of the Services, in whole or in part. Customer will not knowingly transmit any personally <br />identifiable information to DebtBook or any other third -party through the Services. <br />
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