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Language Line Services, Inc.
<br />A LanguageLine Solutions®Company
<br />2. INTELLECTUAL PROPERTY RIGHTS. Customer acknowledges and agrees that the App and the InsightsM service mark are
<br />exclusively owned by LanguageLine, and that neither this Agreement, nor Customer's use of the Services, the App or the
<br />Equipment provides Customer with any right, title, or interest in or to the Services, the Equipment or the App, or any of the other
<br />technology, systems, processes or other aspect of the Services, including but not limited to any intellectual property rights.
<br />Customer expressly agrees that it shall not seek or obtain registrations of, or assert, and is expressly prohibited from asserting or
<br />filing, registrations and/or applications for any claims of ownership rights or intellectual property rights in the App, the Insights""
<br />service mark, the Equipment or the Services in any country, nation, or jurisdiction throughout the world, and is prohibited from
<br />copying, decompiling, reverse engineering, disassembling, modifying, or creating derivative works of the App , the Interpreter
<br />Services, or any aspect thereof, and Customer agrees that it shall not do so. This provision Paragraph shall survive the expiration
<br />of this Agreement will continue to apply after the Agreement ends.
<br />3. ENCRYPTION. LanguageLine acknowledges that encryption is built into the App and the Services platform, ensuring the security
<br />of the live video as it traverses the Internet, This encryption allows LanguageLine to fulfill its obligation under any Customer
<br />Business Associate Agreement ("BAA") with respect to the Services. LanguageLine does not record the video call and therefore
<br />has no record of the call content. With respect to the App's electronic NotePad'"' function, written information relayed during the call
<br />is also encrypted. As with the live video, no recording is made of information written on the NotePad'"' and therefore this
<br />information cannot be retrieved after the call's completion.
<br />4. TRANSMISSION RELEASE. Customer acknowledges that the use of the Services requires that the user's voice, likeness and/or
<br />image as well as the user's personally identifiable information is or will be transmitted over the Internet. Customer hereby
<br />authorizes LanguageLine to transmit each user's voice, likeness, image and/or personally identifiable information over the Internet
<br />solely for the purpose of the Services, and Customer agrees to obtain such privacy consents, releases and approvals as may be
<br />required to obtain authorization from each user to transmit all of the foregoing for purposes of the Services. Customer shall
<br />indemnify and hold harmless LanguageLine and its affiliates and their respective employees from all costs, fees, expenses, and
<br />damages of any nature whatsoever related to any claims relating to the unauthorized use of the image, likeness, voice and/or
<br />personally identifiable information of any Customer employee, agent, contractor, patient, customer, client or other user of the
<br />Services under Customer's control. This Paragraph shall survive the expiration of this Agreement.
<br />5. RESPONSIBILITY FOR UNAUTHORIZED USE. Customer will safeguard its use of the Services against use by unauthorized
<br />persons and will be responsible for charges resulting from use of its Services, whether or not such use is authorized.
<br />6. AVAILABILITY OF SERVICES. The Services may not be available at all times due to interruptions, technical problems, and/or
<br />system upgrades and maintenance. All interpreters provided in conjunction with the Services may not be available at all times and
<br />interpreters will be assigned solely by LanguageLine.
<br />7. QUALITY CONTROL. Customer acknowledges that LanguageLine from time to time will monitor calls made through the Service
<br />for purposes of quality control.
<br />8. EQUIPMENT TERMS (applies to Insight Application with LanguageLine-owned Equipment option only). LanguageLine
<br />agrees to supply the iPads, stands and any other equipment requested by Customer (collectively, the "Equipment") for the duration
<br />of the contract for a monthly service fee. The parties acknowledge and agree that this Equipment remains the sole property of
<br />LanguageLine and will be returned to LanguageLine, undamaged, upon termination of the contract, unless superseded by a
<br />purchasing agreement. The parties agree that the Equipment will be used for the sole and exclusive purpose of providing
<br />Language Line remote interpreting services and may not be configured and/or altered for any other purpose without express prior
<br />written consent from LanguageLine. LanguageLine will enroll LanguageLine-owned iPads in Language Line's MDM (Mobile Device
<br />Management) system. Customer may choose to enroll LanguageLine-owned iPads in its own MDM. If so, Customer assumes
<br />responsibility for tracking the device and updating the video software. Customer agrees that Equipment will be kept only at
<br />Customer address (es) listed in this Agreement. From time to time, upon twenty-four (24) hours' notice to Customer, Language
<br />Line, during a Customer's regular business hours, may enter the Customer's premises where the Equipment is located to inspect
<br />and maintain Equipment. LanguageLine warrants that Equipment shall be free from defects in materials and workmanship, except
<br />when (i) Equipment has been altered or modified without written approval from LanguageLine, or (ii) Equipment has been used by
<br />a person or entity other than the Customer or other permitted users. Customer assumes and bears all risk of loss and/or damage of
<br />Equipment, other than normal wear and tear, from the time that Equipment is delivered until returned to LanguageLine following the
<br />expiration of the contract. Failure to return the equipment in normal working order will result in the billing of the customer for the full
<br />retail cost of the Equipment. Customer agrees that the sole and exclusive remedy for damages or loss shall be limited to the repair
<br />or replacement of the Equipment and acknowledges that LanguageLine reserves all rights and remedies to re -take possession of
<br />the Equipment if Customer fails to pay any undisputed invoiced amounts owed hereunder and Customer waives any legal claims
<br />for damages in connection therewith.
<br />The person signing this agreement certifies that such person has read and acknowledged all terms and conditions, that he or she has
<br />read and understands all of the terms and conditions, and is fully authorized to execute this Agreement on behalf of and bind the
<br />Customer to all its terms and conditions. Both parties agree the delivery of the signed service agreement by facsimile or e-mail shall
<br />have the same force and effect of execution and delivery as the original signature.
<br />©2016 Language Line Services, Inc., a LanguageLine Solutions Company
<br />CONFIDENTIAL INFORMATION / One Lower Ragsdale Drive, Building 2, Monterey, CA 93940 / 8.17.16.W / www.LanguageL!ne.com
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