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38.2. Scanning Authority; Scanning Obligations. You represent and warrant that you have full right,
<br />power, and authority to consent for Clover Security Plus to scan for vulnerabilities in the IP address
<br />and/or URL and/or domain names identified to us by you for scanning, whether electronically or by any
<br />other means, whether during initial enrollment or thereafter. If applicable, you shall obtain all consents
<br />and authorizations from any third parties necessary for us or our vendors to perform the Clover Security
<br />Plus services, including, without limitation, third party data centers, co -locations and hosts. We will not
<br />be required to execute agreements with any such third parties. You agree to defend, indemnify and hold
<br />us and our vendors harmless from any third party claim that such access was not authorized. The
<br />Client's liability shall be only to the extent allowed by and within the limits of liability provided by
<br />section 768.28, Florida Statutes, and shall not otherwise be deemed a waiver of sovereign immunity of
<br />either party. You may use Clover Security Plus and portals only to scan IP addresses, URLs and domain
<br />names owned by and registered to you. You understand that your failure to provide a complete list of
<br />and complete access to your IP addresses will significantly impair the scanning services and may result in
<br />incomplete or inaccurate results. You agree that the Clover Security Plus services hereunder, including
<br />without limitation their functionality and contents, constitute confidential information, and your use
<br />and/or access to the Clover Security Plus is subject to the terms of confidentiality set forth in this
<br />Agreement.
<br />38.8.2. You acknowledge and understand that certain Software can automatically install, download, and
<br />/or deploy updated and /or new components, which may include a new version of the Software itself.
<br />You shall not, in any event or in any manner, impede the update process. You agree to assume full
<br />responsibility and indemnify us for all damages and losses, of any nature, for all adverse results or third
<br />party claims arising from your impeding the update process. The Client's liability shall be only to the
<br />extent allowed by and within the limits of liability provided by section 768.28, Florida Statutes, and shall
<br />not otherwise be deemed a waiver of sovereign immunity of either party.
<br />38.11. Indemnification. In addition to other indemnifications provided in this Agreement, you agree to
<br />indemnify and hold us, our Affiliates and third party service providers harmless from and against all
<br />losses, liabilities, damages and expenses arising from (a) your use of the Clover Security Plus, including
<br />any Software or Equipment provided under this Agreement; or (b) any other person's authorized or
<br />unauthorized access and/or use of the Clover Security Plus (or any part), Software or Equipment,
<br />whether or not using your unique username, password, or other security features. The Client's liability
<br />shall be only to the extent allowedby and within the limits of liability provided by section 768.28, Florida
<br />Statutes, and shall not otherwise be deemed a waiver of sovereign immunity of either party.
<br />39.9. Indemnification. You shall indemnify, defend, and hold us, our subsidiaries and affiliates and our
<br />and their officers, directors, employees, shareholders, agents and attorneys from any Claim(s) arising
<br />from the conduct of your business, any Transactions submitted through the Platform hereunder for
<br />payment processing, any false or inaccurate representation made by you or the negligence, fraud,
<br />dishonesty or willful behavior of any of your employees or agents, or from your failure to strictly comply,
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