OR ANY
OTHER PERSON, ANY OF THE COMPANY SOURCE CODE, AND DESCRIBES WHETHER THE
EXECUTION OF THIS AGREEMENT OR ANY OF THE TRANSACTIONS CONTEMPLATED BY THIS
AGREEMENT, IN AND OF ITSELF, WOULD REASONABLY BE EXPECTED TO RESULT IN THE
RELEASE FROM ESCROW OF ANY COMPANY SOURCE CODE.
3.12.28.
THE COMPANY IS NOT NOW AND HAS NEVER BEEN A MEMBER OR PROMOTER OF,
OR A CONTRIBUTOR TO, ANY INDUSTRY STANDARDS BODY OR ANY SIMILAR ORGANIZATION
THAT COULD REASONABLY BE EXPECTED TO REQUIRE OR OBLIGATE ANY OF THE COMPANY TO
GRANT OR OFFER TO ANY OTHER PERSON ANY LICENSE OR RIGHT TO ANY COMPANY-OWNED IP
RIGHTS.
3.12.29.
THE COMPANY HAS IMPLEMENTED AND MAINTAINS A COMPREHENSIVE SECURITY
PLAN WHICH (I) IDENTIFIES INTERNAL AND EXTERNAL RISKS TO THE SECURITY OF THE
CONFIDENTIAL INFORMATION, INCLUDING PERSONALLY IDENTIFIABLE INFORMATION;
(II) IMPLEMENTS, MONITORS AND IMPROVES ADEQUATE AND EFFECTIVE ADMINISTRATIVE,
ELECTRONIC AND PHYSICAL SAFEGUARDS TO CONTROL THOSE RISKS; AND (III) MAINTAINS
NOTIFICATION PROCEDURES IN COMPLIANCE WITH APPLICABLE LEGAL REQUIREMENTS IN THE
CASE OF ANY BREACH OF SECURITY COMPROMISING UNENCRYPTED DATA CONTAINING
PERSONALLY IDENTIFIABLE INFORMATION.
THE COMPANY HAS NOT EXPERIENCED ANY BREACH
OF SECURITY OR OTHERWISE UNAUTHORIZED ACCESS BY THIRD PARTIES TO THE
CONFIDENTIAL INFORMATION, INCLUDING PERSONALLY IDENTIFIABLE INFORMATION IN THE
COMPANY'S POSSESSION, CUSTODY OR CONTROL, OR TO ANY COMPANY PRODUCT.
3.12.30.
THE COMPANY (I) HAS NOT COLLECTED, AND IS NOT COLLECTING, ANY
PERSONALLY IDENTIFIABLE INFORMATION FROM ANY THIRD PARTIES, (II) IS IN
COMPLIANCE WITH THEIR RESPECTIVE INTERNAL PRIVACY POLICIES AND TERMS OF USE,
(III) HAS NOT AND DOES NOT, DIRECTLY OR INDIRECTLY, DELIVER OR HAS THIRD PARTIES
DELIVER UNSOLICITED ELECTRONIC MAILS, NOR PLACE METATAGS IN A MANNER THAT
INFRINGES RIGHTS OF THIRD PARTIES, (IV) COMPLIES WITH THE SAFE HARBOR
REQUIREMENTS OF THE UNITED STATES DESIGNATED AGENT FILINGS FOR SAFE HARBOR UNDER
DIGITAL MILLENNIUM COPYRIGHT ACT OF 1998, (V) DOES NOT PROVIDE GOODS OR SERVICES
THAT ARE REGULATED OR ARE INTENDED ONLY FOR ADULTS, OR PROHIBITED OR CONTROLLED
IN ANY JURISDICTIONS, AND (VI) DOES NOT KNOWINGLY COLLECT PERSONALLY
IDENTIFIABLE INFORMATION FROM ANYONE UNDER THE AGE OF 13 AND COMPLY WITH THE
REQUIREMENTS OF THE UNITED STATES CHILDREN'S ONLINE PRIVACY PROTECTION ACT OF
1998, AS AMENDED. THIRD PARTIES' CONTENT (INCLUDING WITHOUT LIMITATION TEXT,
GRAPHICS AND TECHNOLOGY) INCLUDED IN, OR LINKED TO BY, THE WEBSITES MAINTAINED
BY THE COMPANY AND THE SUBSIDIARY IS PROPERLY LICENSED FOR ELECTRONIC POSTING,
DISTRIBUTION, STORAGE AND ALL OTHER INTENDED USES BY THE COMPANY AND USERS OF
ALL SUCH WEBSITES.
3.12.31.
THE COMPANY HAS COMPLIED WITH ALL APPLICABLE LEGAL REQUIREMENTS
AND THEIR RESPECTIVE INTERNAL AND PUBLIC PRIVACY POLICIES RELATING TO THE USE,
COLLECTION, STORAGE, DISCLOSURE AND TRANSFER OF ANY PERSONALLY IDENTIFIABLE
INFORMATION COLLECTED BY THE COMPANY OR BY THIRD PARTIES HAVING AUTHORIZED
ACCESS TO THE RECORDS OF THE COMPANY.
THE EXECUTION, DELIVERY AND PERFORMANCE
OF THIS AGREEMENT, WILL COMPLY WITH ALL APPLICABLE LEGAL REQUIREMENTS RELATING
TO PRIVACY AND WITH THE COMPANY'S PRIVACY POLICIES.
THE COMPANY HAS NOT
RECEIVED A COMPLAINT REGARDING THE COMPANY'S COLLECTION, USE OR DISCLOSURE OF
PERSONALLY IDENTIFIABLE INFORMATION.
3.12.32.
SCHEDULE 3.12.32(I) OF THE