Common use of Additional Customer Obligations Clause in Contracts

Additional Customer Obligations. In consideration for its access to HAProxy Edge CDN Service, Customer agrees: A) All Customer Content delivered by Customer shall be delivered in the supported encoding format specified in an Order Form. Where Customer utilizes the Adobe Flash format for streaming media (“Adobe Streaming Media”), Customer agrees that COMPANY may provide information to Adobe Systems Incorporated, including but not limited to: (1) Customer’s name, city, state, zip code and country; (2) the total amount of Customer’s Adobe Streaming Media transferred utilizing the HAProxy Edge CDN Service; (3) the total amount of charges received by COMPANY for HAProxy Edge CDN Service resulting from Customer’s Adobe Streaming Media. Notwithstanding anything contained herein or in any Order Form, Customer shall be responsible for maintaining any master and/or back-up copies of Customer Content (including Customer Works) in all situations, including but not limited to, where COMPANY is rendering storage services for Customer; COMPANY shall have no liability for any claims relating to the destruction, loss or corruption of Customer Content (including Customer Works) in whole or in part. To assist in delivery of HAProxy Edge CDN Service, Customer will provide COMPANY with a non-binding forecast setting forth Customer’s estimated forecasted usage of the HAProxy Edge CDN Service by geographic location, which shall be updated monthly. B) Customer’s usage may be measured using either a per gigabyte billing methodology or a 95th Percentile billing methodology. The methodology shall be selected as set forth on the applicable Order Form. C) Customer’s use of Content storage service (if used in connection with HAProxy Edge CDN Services) will be billed based on the highest capacity of storage utilized by Customer during any point in the relevant calendar month. D) Any other Service features or functionality selected by Customer that are not described herein shall be provisioned as provided pursuant to the terms set forth in the Customer’s applicable Order Form. E) Customer is solely responsible for any equipment, facilities and/or other materials used in connection with the HAProxy Edge CDN Service which are not provided by COMPANY, including any related applications, systems and software. F) While COMPANY or its service providers may replicate Customer Content in connection with rendering HAProxy Edge CDN Service, none of the HAProxy Edge CDN Service are deemed a “vault” service and Customer understands and acknowledges that Customer should maintain one or more master and/or backup copies of all Customer Content (including Customer Works) and that COMPANY shall have no liability for any claims relating to such Customer Content (and/or Customer Works) including, without limitation, the destruction, loss or corruption of such Customer Content (and/or Customer Works) in whole or in part. G) Customer expressly agrees not to resell or otherwise assign or sub-license (in whole or in part) any of the HAProxy Edge CDN Service rendered as set forth herein without prior written agreement, signed by both parties.