DNCSolution Heroku Addon

Trial Agreement

Trial Services Provided

Services and Data for Evaluation Only

Customer agrees that all Services received under this Trial Agreementare for evaluation purposes only and will not be used for any production purpose. Customer further agrees andacknowledges that all data used as part of this trial period should be considered test data (“Test Data”). Provider makes no warranties with respect to Test Data.

DNCSolution Heroku Add-on

A special purpose API set for Do Not Contact (DNC) compliance will be made available through an add-on to Salesforce’s Heroku platform to facilitate the call and text services further detailed below (the “Services”).i. Call and Text – The APIs will support real time statusing for calling or messaging a phone number at a moment in time based on Area Code, and/or the known State of Residence.

For the purpose of this trial, the following scrub capabilities will be utilized to provide a current contact status for a phone number:

• US National Do Not Call Registry
• Default State Lists
• Includes Wireless Status and Call Curfew Information

Upon Customer’s migration to a custom plan, and execution of an enterprise agreement, the following additional capabilities may be made available:

• Internal Do Not Contact List Management
• Canadian Do Not Call Registry
• Existing Business Relationships (EBR)
• Premium Filters (including Wireless status)
• Litigator List
• Reassigned Numbers Database (RND)
• State and National Call Curfew Windows
• State of Emergency and Holiday
• Do Not Email (DNE)

Access to the Services

“Authorized Users” are employees or agents of Customer who may access and use the Services pursuant to the terms of this Trial Agreement.

For the Trial Agreement – One (1) user ID will be provided.

Limitations

A maximum of 1,000 API calls with a maximum of 500 phone numbers per call.

Term

The Term of this Trial Agreement shall be sixty days (60) days from the activation of the Heroku add-on

License and Proprietary Rights

Subject to the terms and conditions of this Trial Agreement, Provider (i) agrees to provide Customer the Services; and (ii) grants to Customer, during the term of this Trial Agreement, a limited, nontransferable, nonexclusive license for the Authorized Users to use the Services solely to support Customer's evaluation of the Services. Customers hereby grants Provider the right to use, copy, modify, manipulate and create derivative works of the Test Data as necessary in order to perform the Services.

Except as expressly permitted herein, neither Customer nor the Authorized Users shall, directly or indirectly, (1) license, sell, redistribute, lease or otherwise transfer or assign any of the Services (2) alter or permit a third party to alter any part of the Services (3) use the Services for the benefit of any third party (4) permit any third party, other than an Authorized User with appropriate access authority, to access or use the Services (5) disassemble, decompile, reverse engineer or otherwise attempt to derive source code or other trade secrets from the Services; (6) use the Services on equipment in contravention of any specifications or instructions of Provider with respect thereto; (7) use the Services for any unlawful purpose. Customer shall be liable for any breach of this Trial Agreement by an Authorized User.

Confidentiality

Each party agrees to safeguard and hold confidential from disclosure to any person or organization, except a person or organization approved by the other party in its sole discretion, all information that a party receives directly or indirectly from the other party in connection with this Trial Agreement, herein referred to as “Confidential Information”. The use of such Confidential Information by each party shall be limited to the purpose(s) specified in this Trial Agreement. Confidential Information subject to this Section shall not include information which is, or becomes part of, the public domain (other than by an act or omission of the receiving party) or which is or becomes known to a receiving party internally (other than through such party’s receipt of Confidential Information hereunder) or becomes known to the receiving party from third parties not under an obligation of confidence.

Provider Termination

Provider may, at its sole discretion, terminate access to the services without notice.

Provider Warranties

No warranties of any kind, whether express or implied, are provided under this Trial Agreement and all Services hereunder are provided on an “AS IS” basis.

Limit to Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE PROVIDER BE LIABLE TO THE CUSTOMER FOR CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, INDIRECT OR DIRECT DAMAGES OR COSTS, INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, LOSS OF DATA OR PROPERTY ARISING FROM ANY CLAIMS WHETHER BASED IN CONTRACT OR TORT (INCLUDING NEGLIGENCE AND STRICT TORT), OR OTHERWISE IN CONNECTION WITH THE SERVICES OR THIS TRIAL AGREEMENT, EVEN IF THE OTHER PARTY, ITS AFFILIATES OR SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR COSTS.