Kittitas Harris SLS Agreement v1_Final

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CONFIDENTIAL Cayenta Software and Subscription Agreement 2024-01-11 Page 11 of 41 responsible for keeping secret and confidential any and all passwords and Authorized User IDs assigned to its Authorized Users. Organization agrees that it is and shall remain solely and completely liable for any communications or other uses that are made using Organization’s or its Authorized Users’ passwords and Authorized User IDs, as well as any obligation that may result from such use. Organization agrees to notify Harris in writing if it believes that a password has been stolen or might otherwise be misused. Organization agrees to notify Harris immediately of any unauthorized use of any password or Authorized User ID or any other breach of security suspected by Organization. 7.4 Authorized Users. Organization, not Harris, shall be responsible for creating and maintaining all Authorized User account information and for performing all other system administration functions that are available within the Cayenta Offerings. Organization is responsible for: (i) the actions of Authorized Users using the Cayenta Offerings; (ii) ensuring that Authorized Users agree to any further terms and conditions as may be provided by Harris from time to time for Authorized Users; and (iii) informing Harris of any information about Authorized Users’ actions that may affect the Cayenta Offerings, or Third Party-Products contained in or used by the Cayenta Offerings, or Harris’ ability to provide the Cayenta Offerings as contemplated by this Agreement. 7.5 Compliance with Applicable Laws. Organization represents to Harris that it and its Authorized Users will at all times be in compliance with all applicable local, regulatory, state, provincial, federal and international laws including but not limited to those laws regarding restrictions on exports, defamation, libel, harm to reputation, invasion of privacy, Data Protection Requirements, misuse or failure to protect personal information of any category or definition, violation of secrecy, confidentiality, unfair competition and other situations which could generate liability (“Applicable Laws”). Organization is responsible for obtaining any necessary license or other authorization to export, re-export, or transfer the CS. Organization represents that it, its Authorized Users and CEP Users, and financial institutions used to pay Harris under this Agreement, are not named on any list of prohibited or restricted parties, including but not limited to a U.S. government exclusion list, designated nationals or similar list. Organization further warrants that it shall immediately discontinue use of the CS if Organization or any Authorized User or CEP User is placed on any such list and shall immediately discontinue any use of the Software Services by any customer of Organization that becomes placed on such list. 7.6 Suitability and Required Authorizations. Organization is responsible for determining whether the Cayenta Offerings are suitable for its purposes, including for its compliance with Applicable Laws. Organization shall determine whether the technical and organizational measures of the Cayenta Offerings meet Organization’s requirements, including Organization’s security obligations under Data Protection Requirements. Organization acknowledges and agrees that (taking into account the state of the art, the costs of implementation, and the nature, scope, context and purposes of the processing of its personal information as well as the risks to individuals) the security practices and policies implemented by Harris and its service providers provide a level of security appropriate to the risk with respect to its personal information. 7.7 Organization Data Security. Organization acknowledges and agrees that use of or connection to the Internet is inherently insecure and provides opportunity for unauthorized access by a third party to Organization’s and its Authorized Users’ and CEP Users’ computer systems and networks, and to any and all information stored therein. Organization is solely responsible for and maintaining privacy protections and security measures for components that Organization provides