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1 <br />Policy Confluence, Inc. <br />(dba Polco & National Research Center, Inc.) <br />ENTERPRISE SERVICES AGREEMENT <br />THIS ENTERPRISE SERVICES AGREEMENT (this “Agreement”)is effective as of <br />___________,20__between Policy Confluence,Inc.,a Delaware corporation (“Polco”or “Company”), <br />and St.Anthony,a [legal entity/description of municipality](“Customer”).This Agreement includes and <br />incorporates the Company’s Website Terms of Use (the “Terms of Use”found at <br />https://info.polco.us/terms-of-use)and the Company’s privacy policy (the “Privacy Policy”found at <br />https://info.polco.us/privacy and),which contain,among other things,warranty disclaimers,liability <br />limitations, and use limitations. <br />WHEREAS, Customer desires to engage Polco to conduct The National Community Survey <br />WHEREAS,Customer wishes to procure from Polco the services described herein,and Polco <br />wishes to provide such services to Customer,each on the terms and conditions set forth in this <br />Agreement. <br />NOW,THEREFORE,in consideration of the mutual covenants,terms and conditions set forth <br />herein,and for other good and valuable consideration,the receipt and sufficiency of which are hereby <br />acknowledged, the parties agree as follows: <br />1.Definitions. <br />“Authorized User”means each of the individuals authorized to use the Services (defined below in <br />Section 2.1)or Polco Materials pursuant to the terms and conditions of this Agreement,or any additional <br />individuals or Persons authorized to use the Services or Polco Materials as approved solely by Polco,as <br />set forth in Schedule A. <br />“Customer Data”means,information,data and other content,other than Resultant Data in any form <br />or medium,that is collected,downloaded or otherwise received,directly or indirectly from Customer or an <br />Authorized User by or through the Services or that incorporates or is derived from the Processing of such <br />information, data or content by or through the Services. <br />“Intellectual Property Rights”means any and all registered and unregistered rights granted,applied <br />for or otherwise now or hereafter in existence under or related to any patent,copyright,trademark,trade <br />secret,database protection or other intellectual property rights laws,and all similar or equivalent rights or <br />forms of protection, in any part of the world. <br />“Person”means an individual,corporation,partnership,joint venture,limited liability entity, <br />governmental authority, unincorporated organization, trust, association or other entity. <br />“Polco Materials”means any and all other information,data,documents,materials,works and other <br />content,devices,methods,processes,hardware,software and other technologies and inventions, <br />including any deliverables,technical or functional descriptions,requirements,plans or reports,that are <br />provided or used by Polco in connection with the Services or otherwise comprise or relate to the Services. <br />For the avoidance of doubt,Polco Materials include Resultant Data and any information,data or other <br />content derived from Polco’s monitoring of Customer's access to or use of the Services,but do not <br />include Customer Data. <br />“Process”means to take any action or perform any operation or set of operations that the Services <br />are capable of taking or performing on any data, information or other content.