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Using the Cloud Service requires Customer to install and run various software (“BI Software”) on its own server hardware or virtual space. Customer will be responsible for downloading, installing, and running the BI Software. Provider hereby grants to Customer a limited, non-exclusive license, during the term of this Agreement, to use and reproduce the BI Software, solely as necessary to use the Cloud Service. Customer must provide Provider with access to its own data and systems as necessary to provide maintenance and support as required in this Agreement.

Batteries Included makes portions of the BI Software available under the Batteries Included License 1.0, a source available license. Such license is provided to enable Customer to test and evaluate the BI Software, but does not grant rights to use the BI Software at scale. Nothing in this Agreement vitiates any rights Customer may have under the Batteries Included License, however, any violation of the Batteries Included License by Customer will be deemed a breach of this Agreement. Provider will not be obligated under this Agreement to provide support for any user exercising rights in the BI Software under the Batteries Included License.

The Cloud Service provisions the Software, along with managed third party open source software, for use by Customer. Customer may elect which open source software to use via the Cloud Service. Therefore, Customer, and not Provider, is responsible for any liability arising out of such third party open source software used by Customer via the Cloud Service, including under Section 17 (Indemnification).