Incredimail 2013 Annual Report Download - page 184

EXECUTION VERSION
(j) modify, adapt, translate, prepare derivative works from or decompile, reverse engineer, disassemble or
otherwise attempt to derive source code from (except to the extent permitted under this Agreement or allowed by Law) the technology
used to provide the Services (excluding any technology provided by Conduit); or
(k) remove, deface, obscure, or alter Microsoft’
s copyright notice, trademarks or other proprietary rights notices
affixed to or provided or displayed as part of any Services, or any other Microsoft technology, software, materials and/or
documentation.
2.7.2 Exceptions . The restrictions in Section 2.7.1 will not apply to prohibit any action or practice with respect to the
Services that is engaged in by Microsoft or a Microsoft Partner.
2.7.3 User Consent .
(a) Conduit will provide a user notice and obtain user consent,[***] , in
compliance with applicable Laws and acceptable industry practices, before changing any user settings with respect to any of the
Sources. For purposes of the foregoing sentence, certification by TRUSTe or a comparable entity (“Certification”) shall constitute
compliance with acceptable industry practices. If Conduit no longer maintains Certification and Microsoft believes that a given Conduit
practice violates acceptable industry practices, then Microsoft may raise the issue to Conduit and the Parties work together in good faith
to resolve the issue. For the avoidance of doubt, to the best of Microsoft’s knowledge (including the mock-
ups and policies disclosed by
Conduit prior to the Effective Date), Microsoft acknowledges and agrees that Conduit’s notice and consent practices in effect as of the
Effective Date comply with acceptable industry practices and are acceptable means of providing such user notices and obtaining such
user consent as of the Effective Date. In addition, Microsoft acknowledges and agrees that Conduit may, on either [***]
basis, [***] that
may include [***] which may be the [***] (in which event, [***]
(b) Microsoft will provide a user notice and obtain user consent, either on [***] , in
compliance with applicable Laws and acceptable industry practices, before changing any user settings of End Users. For purposes of the
foregoing sentence, Certification shall constitute compliance with acceptable industry practices. If Microsoft does not maintain
Certification and Conduit believes that a given Microsoft practice violates acceptable industry practices, then Conduit may raise the
issue to Microsoft and the Parties work together in good faith to resolve to resolve the issue. Microsoft may or may not implement
functionality on Results Pages that enables End Users to change their default search provider settings for the Sources. If Microsoft
enables such functionality, Microsoft will continue to recognize such End Users as [***]
(c) Click-Fraud Cooperation . If Microsoft detects or reasonably suspects fraudulent clicks or Queries, Conduit
will cooperate with Microsoft to detect and prevent such fraudulent clicks or Queries in a manner that is consistent with the Parties’
privacy policies and all applicable Laws.
CONFIDENTIAL
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