Fair,
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subsequent renewals, to use such software in object code form only on the hardware on which it is
installed for the sole purpose of enabling you to use the Service. You acknowledge that such software
is protected by the copyright laws of the United States and foreign jurisdictions, and may be protected
under the patent laws of the United States and foreign jurisdictions, that title to such software,
including any tangible media by which the software was transferred to you, remains with us or our
suppliers, and that the source code, content and design of such software are valuable trade seercts. You
are authorized to make one copy of the Software for backup purposes only. You agree not to (a)
disclose or make available to third parties any portion of such software without our advance written
permission; (b) further copy or duplicate such software; (c) reverse engineer, decompile or disassemble
such software; (d) make derivative works from such software; (e) modify such software; (f) or use the
software in a credit bureau capacity.
Upon termination or expiration of the Initial Term (unless extended by both parties), you agree to
return to us all hardware, equipment and software provided to you by us or a third party on our behalf
in connection with the Service (other than hardware, equipment and software which you have
purchased from us). In the event such hardware, equipment and software is not returned to us within
thirty (30) calendar days following such termination or expiration, we will charge you the
undepreciated list price of the unreturned hardware and software, in addition to all applicable late
return fees.
FairPoint Internet Responsibilities.
In addition to the responsibilities set forth in the Agreement, we shall (a) provide a TCP/IP routing service
to connect your network to our regional Internet, (b) coordinate the installation and order on your behalf,
transportation facilities from your premises to our network; (c) maintain ownership of all IP addresses,
which are provided to you, and (d) supply you with IP address space based on Internet policies for
assigning address space.
Customer Responsibilities.
In addition to the responsibilities set forth in the Agreement, you agree that on your behalf we may select a
Global Service Provider (GSP) from a list of qualified carriers who have agreed to interconnect with our
network. The use of the E-DIA Service by you and your Users is completely at your own risk. We shall in
no way be responsible or liable to you or your customers (if permitted by a Schedule or separate reseller
agreement) for any loss or damage as a result of the use of the E-DIA Service(s). You acknowledge and
agree that although we shall make every reasonable effort to provide continuous, uninterrupted, and
expedient Service to you and your customers (if permitted by a Schedule or separate reseller agreement),
interruptions in Service may occur as normal events in the provision of Service. You also agree and
acknowledge that through the use of the E-DIA Service, you and your customers (if permitted by a
Schedule or separate reseller agreement) may have access to information which may be sexually explicit,
obscene or offensive, or otherwise unsuitable for minors under the age of eighteen (18) years old. You
acknowledge that we have no control over such information. If we provide IP address space to you, you
shall supply a network engineering plan consisting of: (a) the current number of hosts (addressable devices)
on your network; (b) expected number of hosts within next six (6) months; (c) current number of your
subnets; (d) expected number of subnets in six (6) months; (e) subnet masks; (f) number of hosts on each
network segment; and (g) graphical topology of your network that diagrams your network down to the host
level.
Entry to Customer’s Business.
You agree to allow us to enter your premises from which you use the E-DIA Service during normal
business hours by appointment to perform necessary activities related to the installation, inspection, repair,
replacement or disconnection of our equipment and Services. You will allow us to make attachment and
connections that are necessary to provide Services to you. If you are not the owner of the premises to be
entered, you must supply proof that you are authorized to allow work to be done on such premises.
FairPoint Internet — Confidential and Proprietary
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