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Notwithstanding the foregoing, STERLING TALENT SOLUTIONS shall use commercially reasonable efforts to make the Software Service available 24 hours a day, 7 days a week, except for: (i) planned downtime (of which STERLING TALENT SOLUTIONS shall schedule to the extent practicable during the weekend hours from p.m. Monday Pacific Time), or (ii) any unavailability caused by Force Majeure Events (as defined in Section 21 below). STERLING TALENT SOLUTIONS shall maintain reasonable administrative, physical, and technical safeguards for the Software Service designed to protect the security, confidentiality and integrity of Company Data.

STERLING TALENT SOLUTIONS shall not knowingly (i) modify Company Data, except as instructed by Company, (ii) disclose Company Data, except as compelled by law or as necessary to provide the Services hereunder, including disclosing it to (a) Users in connection with Company's use of the Software Service and in accordance with the license granted in Section 2.2.4 and (b) STERLING TALENT SOLUTIONS' service providers who act on STERLING TALENT SOLUTIONS' behalf in providing the Software Service, provided that STERLING TALENT SOLUTIONS will remain responsible for compliance with this Agreement by any such service providers acting on its behalf, or (iii) access Company Data, except as reasonably necessary to prevent or address service or technical problems, to respond to Company's request in connection with customer support matters, for statistical reporting purposes, or as reasonably necessary to protect STERLING TALENT SOLUTIONS, Company, Users or the data subject.

Company agrees to submit to a reasonable audit of its compliance with any such usage limits upon reasonable notice by STERLING TALENT SOLUTIONS, not more than once per calendar year. Company shall: (i) be responsible for its Users' compliance with the terms of this Agreement, and for all use of the Software Service that occurs under its Users' accounts (and accordingly, to safeguard login credentials for the Software Service), (ii) be solely responsible for the accuracy, quality, integrity, legality, reliability, appropriateness and copyright of all Company Data and provide STERLING TALENT SOLUTIONS with all information and data that STERLING TALENT SOLUTIONS requires in order to perform the Services, (iii) promptly notify STERLING TALENT SOLUTIONS of any unauthorized access or use, and (iv) use the Software Service only in accordance with applicable laws and government regulations. Company represents and warrants that it has obtained all rights, permissions and consents necessary for it (or its Users) to submit Company Data to STERLING TALENT SOLUTIONS, and for STERLING TALENT SOLUTIONS to use and disclose that Company Data as set forth in this Agreement and STERLING TALENT SOLUTIONS' Privacy Policy as such Privacy Policy may be updated and posted on the STERLING TALENT SOLUTIONS Web site from time to time.STERLING TALENT SOLUTIONS may aggregate, use, distribute, and publish anonymous statistical data regarding use and functioning of the Software Service by its customers.Such aggregated statistical data will be the sole property of STERLING TALENT SOLUTIONS. During the Term, STERLING TALENT SOLUTIONS grants to Company a limited, non-transferable, non-exclusive right to access and use the Software Service and Documentation for Company's internal use in accordance with this Agreement.Company may not remove or alter any of the logos, trademark, patent or copyright notices, confidentiality or proprietary legends or other notices or markings within the Software Service or Documentation. The license granted in Section 2.2.1 is subject to the "employee count" and other limitations set forth in an applicable Order Form.The Software Service may not be used by or for the benefit of Company employee populations (e.g., the employee populations to which the Software Service applies or benefits) in excess of the maximum employee count.

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