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4. PROPRIETARY INFORMATION Proprietary information exchanged hereunder shall be treated as such by Customer. This information shall include, but is not limited to, the provisions of this Agreement, product and services information, materials, software, code, pricing, or any other materials transmitted to Customer under this Agreement. Customer agrees not to (a) decompose, disassemble, decode, or otherwise reverse engineer any Certive program, code, or technology installed or delivered to Customer or any portion thereof; (b) transmit or allow to be transmitted any such materials to any third party except as necessary for the fulfillment of this Agreement; (c) use any Certive Materials or SaaS in any way not intended or expressly provided for by this Agreement. 5. CUSTOMER INFORMATION Certive takes ordinary and customary security measures in protecting customer information passing through software, web sites, e-mail, and the portions of non-public network within Certive's control. Certive accepts no responsibility beyond ordinary and customary responsibilities. 6. WARRANTIES Certive makes no warranties or representations of any kind, whether expressed or implied, for the SaaS Certive is providing. Certive and any suppliers of content materials also disclaim any warranty of merchantability or fitness for any particular purpose. Use of any information obtained by way of Certive is at Customer's own risk, and Certive specifically denies any responsibility for the accuracy or quality of information obtained through its Services. Connection speed represents the speed of an end-to-end connection. Certive does not represent guarantees of speed or availability of end-to-end connections . Certive expressly limits its damages to Customer for any non-accessibility time or other down time to the pro-rata monthly charge during the system unavailability. Certive specifically denies any responsibilities for any damages, direct or indirect, arising as a consequence of such unavailability. 6.1 SERVICE LEVEL AGREEMENT Certive shall use commercially reasonable efforts to make the service available for use 24 hours a day, 7 days per week with the exception of maintenance downtime. All regular maintenance, updates and upgrades will be performed during non-business hours. Business hours, for this purpose, are defined as 6:00 AM -6:00 PM local time. Certive expressly limits its obligation for any non-accessibility time or other down time during normal business hours to the pro-rata charge during the system unavailability. Any requested and verified pro-rata charges for downtime will be credited to the customer's license agreement fees for the next billing cycle. The service level agreement does not apply in the following cases: • Client system and infrastructure issues • Systemic Internet issues • Data issues resulting from client errors 6.2 NO DUTY TO CUSTOMER'S USERS NOT DIRECTLY CONTRACTED WITH CERTIVE 41Page Certive Solutions Inc. 1 480.922.53271 7373 E. Doubletree Ranch Road 1 Suite 2101 Scottsdale AZI 85258