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<br /> Public Sector SaaS Rev. U (Issued 02.02.2022)
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<br />to the extent required by law. Both Parties further agree to handle such data in compliance with any applicable Federal, State,
<br />or local laws or regulations. You shall also be responsible for any threatening, defamatory, obscene, offensive, or illegal
<br />content or conduct of any of Your EHS Active Employees when using the Services. To the extent not prohibited by applicable
<br />law, You shall indemnify, defend, and hold Us harmless against any claims that may arise as a result of these matters. With
<br />respect to Your use of the EHS Services, You acknowledge that We are not a covered entity or business associate under
<br />HIPAA.
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<br />B. Vector WorkSafe Services and Vector LiveSafe Services
<br />This Section B. contains service specific terms and conditions that will apply if You are licensing or using Vector WorkSafe
<br />Services, LiveSafe Essentials or Vector LiveSafe Services (collectively “LiveSafe Services”) in Schedule A. Otherwise, the
<br />following terms will not apply to You.
<br />1. Authorized Users. Authorized Users (interchangeably may be referred to as “Named Users” means the employees,
<br />contractors and/or consultants under Your control who You authorized to operate the LiveSafe Services .
<br />2. Your Responsibilities. You shall: (i) not permit any person or entity, other than designated Authorized Users, to access the
<br />LiveSafe Services; (ii) use commercially reasonable efforts to prevent unauthorized access to or use of the LiveSafe Services,
<br />(iii) provide prompt written notice of any unauthorized access or use; and (iv) instruct Authorized Users to comply with all
<br />applicable terms of this Agreement.
<br />3. Your Data. You agree that We may only use data collected, extracted or received through Your use of the Services (“Your
<br />Data”) in an anonymized and aggregated manner (without specifically identifying You, Your users or Your location(s)) for the
<br />sole purpose of reporting LiveSafe Services metrics, training and education about the LiveSafe Services, and improving the
<br />LiveSafe Services (except as may be required by law, court order, or as needed to provide the Services to You). Your Data
<br />shall not include any information collected, extracted, or received in response to the WorkSafe Integrated Health Survey.
<br />Within thirty (30) business days following Your written request, and not more than four (4) times per year or upon termination
<br />of this Agreement, We will provide to You a backup copy of Your Data in Our possession.
<br />C. Vector Evaluations+ Services.
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<br />This Section C. contains service specific terms and conditions that will apply only if You are purchasing Vector Evaluations+
<br />Software as a Service in Schedule A. Otherwise, the following terms will not apply to You.
<br />1. Access and Use. We will provide You a nonexclusive, non-transferable, revocable authorization to remotely access and
<br />use the Vector Evaluations+ Software as a Service: (i) on Our application server over the Internet, (ii) transmit data related to
<br />Your use of the Service over the Internet, and (iii) download and use the Evals + mobile device application software (referred
<br />to collectively as “Evals+ Services”). We will provide accounts for Your users on the application server for storage of data
<br />and use of the Service. The number of Named Users, start of service, and duration, are as stated in Schedule A.
<br />2. If Your active user accounts exceed the number of Named Users during the term of this Agreement, You agree to pay for
<br />the additional Users, based on the per User fees in Schedule A. Adjusted fees will apply beginning on the month the number
<br />of Named Users are exceeded and will be prorated for the remainder of the current 12-month period. You agree to pay for
<br />the number of Users using or authorized to access the Services in a given contract year.
<br />3. Your Content. You will be the owner of all content created and posted by You. You will also be the owner of all content
<br />created and posted by Us on Your behalf, including but not limited to evaluation forms added to the system as part of support
<br />services We provide.
<br />4. Third-Party Content. You are responsible for proper licensing of, and assuming liability for, copyrighted material which You
<br />post on Our system, or is posted on the system by Us on Your behalf. This includes but is not limited to copyright protected
<br />evaluation forms and other materials from third parties. If You upload third-party content to Our platform, such third-party
<br />content providers are responsible for ensuring their content is accurate and compliant with national and international laws.
<br />5. Effect of Termination. You will have thirty (30) days after the effective date of termination or expiration of this Agreement
<br />to export Your data using the software tools provided, or to request Your data from Us. Form data will be available as exported
<br />comma separated variable (CSV) files and as PDF files. Uploaded data files will be available in their original format. After
<br />the thirty (30) day period, We have no obligation to maintain or provide data and may thereafter delete or destroy all copies
<br />of the Your data, unless legally prohibited.
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<br />D. Vector CheckIT™.
<br />Customer Obligations. When purchasing Vector CheckIT™, You will identify stations, vehicles, drug safes, and other service
<br />specific details, as may be applicable.
<br />E. Vector LMS and Services which include access to the Shared Resource Feature.
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