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Product Passthrough Terms. Customer agrees that Provider's responsibilities do not extend to theinternal <br />management or administration of the Product for Customer and that Provider is merely adata-processor. <br />2.3 End User Consent. Customer's Administrators may have the ability to access, monitor, use, or disclose data <br />available to End Users within the End User Accounts. Customer will obtain and maintain all required <br />consents from End Users to allow: (i) Customer's access, monitoring, use and disclosure of this data and <br />Provider providing Customer with the ability to do so, and (ii) Provider to provide the Product. <br />2.4 Unauthorized Use. Customer will use commercially reasonable efforts to prevent unauthorized use of the <br />Product, and to terminate any unauthorized use. Customer or Reseller will promptly notify Provider of any <br />unauthorized use of, or access to, the Product of which it becomes aware. <br />2.5 Restrictions on Use. Unless Provider specifically agrees in writing, Customer will not, and will use <br />commercially reasonable efforts to make sure a third party does not: (a) sell, resell, lease, or the functional <br />equivalent, the Product to a third party (unless expressly authorized in these Product Pasthrough Terms); (b) <br />attempt to reverse engineer the Product or any component; (c) attempt to create a substitute orsimilar <br />service through use of, or access to, the Product; (d) use the Product for High Risk Activities; or (e) usethe <br />Product to store or transfer any Customer Data that is controlled for export under Export Control Laws. <br />Customer is solely responsible for any applicable compliance with HIPAA. <br />2.6 Third Party Requests. Customer is responsible for responding to Third Party Requests. Provider will, tothe <br />extent allowed by law and by the terms of the Third Party Request: (a) promptly notify Customer of its <br />receipt of a Third Party Request; (b) comply with Customer's reasonable requests regarding its efforts to <br />oppose a Third Party Request; and (c) provide Customer with the information or tools required for Customer <br />to respond to the Third Party Request. Customer will first seek to obtain the information required to respond <br />to the Third Party Request on its own, and will contact Provider only if it cannot reasonably obtain such <br />information. <br />3. Technical Support Services. <br />3.1 By Customer. Customer or Partner will, at its own expense, respond to questions and complaints from End <br />Users or third parties relating to Customer's or End Users' use of the Product. Customer or Partner will use <br />commercially reasonable efforts to resolve support issues before escalating them to Provider. <br />3.2 By Provider. If Customer or Partner cannot resolve a support issue consistent with the above, then <br />Customer or Partner (as applicable based on the agreement between Provider and Partner) may escalate <br />the issue to Provider in accordance with the TSS Guidelines. Provider will provide TSS to Customeror <br />Partner (as applicable) in accordance with the TSS Guidelines. <br />4. Suspension. <br />4.1 Of End User Accounts by Provider. If Provider becomes aware of an End User's violation of these Product <br />Passthrough Terms, then Provider may specifically request that Customer Suspend the applicable End User <br />Account. If Customer fails to comply with Provider's request to Suspend an End User Account, then Provider <br />may do so. The duration of any Suspension by Provider will be until the applicable End User has cured the <br />breach which caused the Suspension. <br />4.2 Emergency Security Issues. Notwithstanding the foregoing, if there is an Emergency Security Issue, then <br />Provider may automatically Suspend the offending use. Suspension will be to the minimum extent and of <br />the minimum duration required to prevent or terminate the Emergency Security Issue. If Provider Suspends <br />an End User Account for any reason without prior notice to Customer, at Customer's request, Providerwill <br />provide Customer the reason for the Suspension as soon as is reasonably possible. <br />5. Confidential Information. <br />5.1 Obligations. Customer and Provider will: (a) protect the other's Confidential Information with thesame <br />standard of care it uses to protect its own Confidential Information; and (b) not disclose the Confidential <br />Information, except to Affiliates, employees and agents who need to know it and who have agreed in writing <br />to keep it confidential. Customer and Provider (and any Affiliates, employees and agents to whom ithas <br />disclosed Confidential Information) may use Confidential Information only to exercise rights and fulfill its <br />obligations under these Product Passthrough Terms, while using reasonable care to protect it. Customer <br />v9/23/2015 <br />