Customer Acknowledgement and Waiver Regarding Realcomp Employee Remote Access

I (hereinafter “I” and/or “Customer”), on behalf of myself and any entity° or any entity affiliate° (together “Entity”) through whose computer I am accessing the Realcomp database, hereby agree to provide Realcomp and/or its employees (together “Realcomp”) access to my and/or my Entity’s computer for the sole purposes of assisting me with using products and services provided by and through Realcomp. I understand that while assisting me, Realcomp will have remote access to my and/or my Entity’s computer, and as such, will have access to my and/or my Entity’s copyrightable material and trade secrets. I understand, however, that Realcomp will not ever take, disclose, copy, print, download, retain in any way, or claim ownership of any of the information, data, results, ideas, plans, postings, messages, sketches, opinions, text, files, links, images, photos, inventions, models, notes, works of authorship, feedback or other materials on my and/or my Entity’s computer as a result of such access. I understand that I may discontinue the remote access session immediately myself or by directing Realcomp to do so at any time.

I, on behalf of myself and my Entity, hereby release and forever waive any claims that I and/or my Entity may now or hereafter have against Realcomp, its directors, officers, shareholders, employees, agents, independent contractors and affiliates for or by reason of any actual or alleged infringement of any copyright, any actual or alleged unauthorized trade secret disclosure or any other actual or alleged claim or damage arising from or related in any manner or way from the access by Realcomp to my and/or my Entity’s computer in the manner permitted hereunder.

 

° For the purposes of the foregoing , the following terms shall have the following meanings: (i) “entity” shall mean an individual, a corporation, a partnership, an association, a limited liability company, a joint stock company, a trust, any unincorporated organization, a governmental, political or other subdivision thereof, or a natural being; and (ii) “affiliate” shall mean any entity controlling, controlled by or under common control with Customer ; and (iii) “control” means the possession, directly or indirectly, of the power to direct or cause the direction of the management and policies of such entity, whether through ownership of voting securities or other interests, by contract or otherwise.