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This Agreement governs your initial purchase as well as any future purchases made by you that reference this Agreement. This Agreement includes our Privacy policy. and any other referenced policies and attachments. This Agreement applies to Sourcesense add-ons or plugins that you purchase from Sourcesense on the [ |https://marketplace.atlassian.com/] Atlassian Marketplace or through any other channel.
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Subject to the terms and conditions of this Agreement for any elements of the Software provided by Sourcesense in source code form, and to the extent permitted in the Documentation, you may modify such source code solely for purposes of developing bug fixes, customizations and additional features for the Software. The Licensee is also permitted to copy the Software for data protection, archiving and backup purposes only and for no other purpose. Any modified source code constitutes "Your Modifications". You may use Your Modifications solely with respect to your own instances in support of your permitted use of the Software but you may not distribute the code to Your Modifications to any third party. Notwithstanding anything in this Agreement to the contrary, Sourcesense has no support, warranty, indemnification or other obligation or liability with respect to Your Modifications or their combination, interaction or use with our Products. You shall indemnify, defend and hold us harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including reasonable attorneys' fees and costs) arising out of or in connection with any claim brought against us by a third party relating to Your Modifications (including but not limited to any representations or warranties you make about Your Modifications or the Software) or your breach of this Section 6.3. This indemnification obligation is subject to your receiving ℹ prompt written notice of such claim (but in any event notice in sufficient time for you to respond without prejudice); (ii) the exclusive right to control and direct the investigation, defence, or settlement of such claim; and (iii) all reasonably necessary cooperation of Sourcesense at your expense.
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In any use of the Software, where such attribution is provided as part of the product, you must include the following attribution to Sourcesense on all user interfaces in the following format: "Powered by Sourcesense," which must in every case include a hyperlink to [ |https://www.sourcesense.com] www.sourcesense.com, and which must be in the same format as delivered in the Software.
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You must ensure that your use of all Your Data is at all times compliant with all applicable local, state, federal and international laws and regulations ("Laws"). You represent and warrant that: ℹ
you have obtained all necessary rights, releases and permissions to provide all Your Data to Sourcesense and to grant the rights granted to Sourcesense in this Agreement and
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Your Data and its transfer to and use by Sourcesense as authorized by you under this Agreement do not violate any Laws (including without limitation those relating to export control and electronic communications) or rights of any third party, including without limitation any intellectual property rights, rights of privacy, or rights of publicity, and any use, collection and disclosure authorized herein is not inconsistent with the terms of any applicable privacy policies. Sourcesense assumes no responsibility or liability for Your Data, and you shall be solely responsible for Your Data and the consequences of using, disclosing, storing, or transmitting it.
7.2 Sensitive Data
You will not submit to the Hosted Services (or use the Hosted Services to collect): ℹ any
Any personally identifiable information, except as necessary for the establishment of your Sourcesense account;
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Any patient, medical or other protected health information regulated by HIPAA or any similar federal or state laws, rules or regulations; or
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Any other information subject to regulation or protection under specific laws such as the Gramm-Leach-Bliley Act (or related rules or regulations) (
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through
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collectively, "Sensitive Data").
You also acknowledge that Sourcesense is not acting as your Business Associate or subcontractor (as such terms are defined and used in HIPAA) and that the Hosted Services are not HIPAA compliant. "HIPAA" means the Health Insurance Portability and Accountability Act, as amended and supplemented. Notwithstanding any other provision to the contrary, Sourcesense has no liability under this Agreement for Sensitive Data.
7.3 Indemnity for Your Data
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