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DocuSign API for sending Envelopes. If the number of Envelopes sent from a particular Seat or a group of Seats is abusive
<br />and/or unduly burdensome (indicating automated Processing), DocuSign will promptly notify Subscriber and the parties will review
<br />the use -case scenario as well as any continued monitoring and additional Seats that may be required to be purchased. The
<br />number of Seats is determined by the total number of active Authorized Users listed in the membership of an Account at any one
<br />time. No two individuals may log onto or use the Subscription Service as the same Authorized User, but Subscriber may
<br />unregister or deactivate Authorized Users and replace them with other Authorized Users without penalty, so long as the number of
<br />active Authorized Users registered at any one time is equal to or less than the number of Seats purchased. The addition by
<br />Subscriber of more Authorized Users than the number of Seats purchased in an Order Form will result in an additional charge for
<br />one Seat per additional Authorized User for the remainder of the Term, to be invoiced immediately.
<br />4. ADDITIONAL SUBSCRIBER RESPONSIBILITIES
<br />4.1 Subscriber agrees that it will not use or permit the use of the Subscription Service to send unsolicited mass mailings
<br />outside its organization, it being understood that the term "unsolicited mass mailings" includes all statutory and other common
<br />definitions, including all Commercial Electronic Marketing Messages as defined in the U.S. CAN SPAMAct.
<br />4.2 Subscriber agrees that it is solely responsible for the nature and content of all materials, works, data, statements, and
<br />other visual, graphical, video, written or audible communications of any nature submitted by any Authorized User or otherwise
<br />Processed through its Account.
<br />4.3 Subscriber further agrees not to use or permit the use of the Subscription Service: (a) to communicate any message or
<br />material that is defamatory, harassing, libelous, threatening, or obscene; (b) in a way that violates or infringes upon the
<br />intellectual property rights or the privacy or publicity rights of any person or entity or that may otherwise be unlawful or give rise
<br />to civil or criminal liability (other than contractual liability of the parties under eContracts Processed through the Subscription
<br />Service); (c) in any manner that is likely to damage, disable, overburden, or impair the System or the Subscription Service or
<br />interfere in any way with the use or enjoyment of the Subscription Service by others; or (d) in any way that constitutes or
<br />encourages conduct that could constitute a criminal offense.
<br />4.4 Although DocuSign does not monitor the content Processed through the Subscription Service, DocuSign may at any time
<br />suspend any use of the Subscription Service and/or remove or disable any content as to which DocuSign reasonably and in
<br />good faith believes is in violation of this Agreement. DocuSign agrees to provide Subscriber with notice of any suchsuspension
<br />or disablement before its implementation unless such suspension or disablement is necessary to comply with legal process or
<br />prevent imminent harm to DocuSign's System, the Subscription Service or any third party, in which case DocuSign will notify
<br />Subscriber of such suspension or disablement as soon as reasonably practicable thereafter.
<br />5. INTELLECTUAL PROPERTY AND TRADEMARK LICENSE
<br />5.1 DocuSign is the owner of various intellectual property and technology rights associated with the Subscription Service, its
<br />document management, digital signature, and notary system, including patent, copyright, trade secret, and trademark and service
<br />mark rights. Except for the rights expressly granted in this Agreement, DocuSign does not license or transfer to Subscriber
<br />or any Authorized User or other third party any of DocuSign's technology or other intellectual property or technology
<br />rights. All right, title, and interest in and to DocuSign's technology and intellectual property will remain solely with DocuSign.
<br />Subscriber agrees that it will not, directly or indirectly, reverse engineer, decompile, disassemble, or otherwise attempt to derive
<br />source code or other trade secrets from or about any of the DocuSign Products or DocuSign's technology. DocuSign agrees that
<br />data and information provided by Subscriber under this Agreement shall remain, as between Subscriber and DocuSign, owned by
<br />Subscriber.
<br />5.2 DocuSign hereby grants to users and licensees of its products and services a limited, revocable, nonexclusive and
<br />nontransferable right to use DocuSign's regular trade names, trademarks, titles and logos ("Licensed Marks") solely for purposes
<br />of identifying DocuSign's products and services. Details of this trademark license are available at:
<br />http://www.docusign.com/trademark-license.
<br />6. CUSTOMER SUPPORT
<br />DocuSign will provide customer support to Subscriber in accordance with the package that is identified on the Order Form, as
<br />furtherdetailed at http://www.docusign.com/products/support-plans.
<br />7. eCONTRACT STORAGE AND DELETION
<br />7.1 DocuSign will store in accordance with the Specifications all completed eContracts sent by Subscriber until the termination
<br />or expiration of the Agreement, unless otherwise directed by Subscriber. Copies of stored eContracts may be retrieved by
<br />Subscriber at any time during that period, provided that following the expiration or termination of the Agreement, Subscriber may
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