Last modified: 2024-02-16

This Dusty Portal License Addendum (the “Addendum”) supplements and is subject to the Master Services Agreement entered into between Dusty Robotics, Inc. (“Dusty”) and the Customer who executes this Addendum electronically through their account or through a document signing service (“Customer”) dated as of the date of such signature by Customer (the “MSA”). This Addendum is effective as of the effective date of the MSA when incorporated into the MSA as of the execution thereof or as of the date incorporated into the MSA if incorporated later (the “Addendum Effective Date”). The Parties agree and acknowledge that no conflict is intended, and none will be inferred, from the silence of either the MSA or this Addendum on a given issue.

1. SCOPE OF ADDENDUM.

1.1. Use of Dusty Portal Materials. This Addendum governs the Customer’s use of the Dusty Portal Materials (as defined below), either directly through a web interface or through a mobile application available from standard application download services, such as Google Play® and Apple App Store® (the “Mobile Application”), and is hereby incorporated into and made part of the MSA as if fully set forth therein, and each reference in the MSA to “this Agreement,” “the Agreement,” “hereunder,” “hereof,” “herein” or words of like import, and each reference to the MSA in any other agreements, documents or instruments executed and delivered pursuant to, or in connection with, the MSA (including any Work Order), will mean and be a reference to the MSA as supplemented by this Addendum with respect to the Dusty Portal Materials.

1.2. Applicability of Certain Definitions to MSA. The Parties agree and acknowledge that: (a) the term “Dusty Materials” as used in the MSA includes the Dusty Portal Materials as defined herein; (b) the term “Usage Data” as used in the MSA includes the Dusty Portal Usage Data as defined herein; and (c) solely for the purposes of access and use to the Dusty Portal Materials, Customer’s Authorized Users will be considered an “Equipment Operator” under the MSA.

2. DUSTY PORTAL SERVICES.

2.1. Access and Use. Notwithstanding any limitations on the time Customer may access and use the Dusty Materials set forth in the MSA but subject to the terms and conditions set forth herein, Dusty hereby grants Customer the right, through its Authorized Users, to access and use the Dusty Portal Materials, either directly through a supported Internet web browser or through the Mobile Application, throughout the Term solely for the Permitted Use. Dusty shall provide to Customer the Access Credentials for at least one Authorized User with Customer administrative privileges within a reasonable time following the Addendum Effective Date. Authorized Users with administrative privileges may create individual accounts for other users, each of which will be deemed an Authorized User under this Addendum. Customer’s and its Authorized Users’ use of the Dusty Portal Materials is subject to the limitations on use set forth in the MSA.

2.2. Service and System Control. Except as otherwise expressly provided in this Addendum, as between the Parties:

(a) Dusty has and will retain sole control over the operation, provision, maintenance, and management of the Dusty Portal Materials; and

(b) Customer has and will retain sole control over the operation, maintenance, and management of, and all access to and use of, the Customer Systems, and sole responsibility for all access to and use of the Dusty Portal Materials by any Person by or through the Customer Systems or any other means controlled by Customer or any Authorized User, including any: (i) information, instructions, or materials provided by any of them to the Dusty Portal Services or Dusty; (ii) results obtained from any use of the Dusty Portal Materials; and (iii) conclusions, decisions, or actions based on such use. Notwithstanding anything to the contrary in this Addendum, all Dusty Portal Services, including all Processing of Customer Portal Data by or on behalf of Dusty shall be provided solely from within, and on computers, systems, networks, and other infrastructure located in, the United States.

2.3. Reservation of Rights. Nothing in this Addendum grants any right, title, or interest in or to (including any license under) any Intellectual Property Rights in or relating to the Dusty Portal Materials or Third-Party Materials, whether expressly, by implication, estoppel, or otherwise. All right, title, and interest in and to the Dusty Portal Materials and the Third-Party Materials are and will remain with Dusty and the respective rights holders in the Third-Party Materials.

2.4. Dusty Subcontractors. Dusty may from time to time in its discretion engage third-parties to perform Dusty Portal Services (each, and each subcontractor of a subcontractor, a “Dusty Subcontractor”). Dusty shall ensure that each Dusty Subcontractor complies with all relevant terms of this Addendum, including all provisions relating to Customer Portal Data and Personal Information. Dusty shall remain responsible and liable for any and all: (a) performance required hereunder, including the proper supervision, coordination, and performance of the Dusty Portal Services; (b) acts and omissions of each Dusty Subcontractor to the same extent as if such acts or omissions were by Dusty. Any non-compliance by any Dusty Subcontractor with the provisions of this Addendum or any Work Order will constitute a breach by Dusty.

2.5. Suspension or Termination of Dusty Portal Services. Dusty may, directly or indirectly, and by use of any other lawful means, suspend, terminate, or otherwise deny Customer’s, any Authorized User’s, or any other Person’s access to or use of all or any part of the Dusty Portal Materials, without incurring any resulting obligation or liability, if: (a) Dusty receives a judicial or other governmental demand or order, subpoena, or law enforcement request that expressly or by reasonable implication requires Dusty to do so; or (b) Dusty believes, in its sole discretion, that: (i) Customer or any Authorized User has failed to comply with any material term of the MSA, or accessed or used the Dusty Portal Materials beyond the scope of the rights granted or for a purpose not authorized under the MSA or in any manner that does not comply with any material instruction or requirement of the Dusty Portal Specifications; (ii) Customer or any Authorized User is, has been, or is likely to be involved in any fraudulent, misleading, or unlawful activities relating to or in connection with any of the Dusty Portal Materials; or (iii) this Addendum expires or is terminated. This Section 2.6 does not limit any of Dusty’s other rights or remedies, whether at law, in equity, or under the MSA.

2.6. Support and Maintenance Services. Subject to the terms and conditions of this Addendum and the MSA, during the Term, Dusty shall provide to Customer Dusty’s standard customer support services for the Dusty Portal Services (the “Support Services”) or such other support levels as Customer purchases, when offered. Customer acknowledges and agrees that Dusty may access Customer’s account and may collect, maintain, process, and use information accessible on or through Customer’s account in the course of performing the Support Services, provided that Dusty shall only collect, maintain, process, and use such information that it believes is necessary to assist in providing the Support Services. Dusty may, in its sole discretion, change any aspect of the Support Services upon written notice to Customer, provided, however, that no such change materially reduces the Support Services provided under this Addendum. Notwithstanding the foregoing, Dusty shall have no obligation to provide Support Services relating to any issues that, in whole or in part, arise out of or result from any of the following: (a) any operation or use of, or other activity relating to, the Dusty Portal Services other than as specified in the Dusty Portal Specifications or Dusty Portal Documentation; (b) the use of any technology (including software, hardware, firmware, system, or network) or service not provided by Dusty; (c) any other Third-Party Materials; (d) any negligence, abuse, misapplication, or misuse of the Dusty Portal Services; (e) any breach of or noncompliance with any material provision of this Addendum or the MSA by Customer or any Authorized User.

2.7. Updates and New Versions. During the Term, Dusty will provide Customer with all Updates under the terms and conditions set forth in this Addendum, provided, however, that Customer does not have any right under or in connection with this Addendum to receive any New Versions that Dusty may, in its sole discretion, release from time to time and that Dusty may charge additional fees for any New Versions.

3. CUSTOMER OBLIGATIONS.

3.1. Customer Systems and Cooperation. Customer shall at all times during the Term: (a) set up, maintain, and operate in good repair and in accordance with the Dusty Portal Specifications all Customer Systems on or through which the Dusty Portal Services are accessed or used; and (b) provide all cooperation and assistance as Dusty may reasonably request to enable Dusty to exercise its rights and perform its obligations under and in connection with the MSA. Dusty is not responsible or liable for any delay or failure of performance caused in whole or in part by Customer’s delay in performing, or failure to perform, any of its obligations under this Addendum (each, a “Customer Failure”).

3.2. Corrective Action and Notice. If Customer becomes aware of any actual or threatened activity prohibited by the MSA with respect to Customer’s or its Authorized Users’ access and use of the Dusty Portal Materials, Customer shall, and shall cause its Authorized Users to, immediately: (a) take all reasonable and lawful measures within their respective control that are necessary to stop the activity or threatened activity and to mitigate its effects (including, where applicable, by discontinuing and preventing any unauthorized access to the Dusty Portal Materials and permanently erasing from their systems and destroying any data to which any of them have gained unauthorized access); and (b) notify Dusty of any such actual or threatened activity.

4. SERVICE LEVELS AND CREDITS.

4.1. Service Levels. Subject to the terms and conditions of the MSA, Dusty will use commercially reasonable efforts to make the Dusty Portal Services Available at least [ninety-five percent (95%)] of the time as measured over the course of each calendar month during the Term, excluding unavailability as a result of any of the Exceptions described below in this Section 4.1 (the “Availability Requirement”). “Service Level Failure” means a material failure of the Dusty Portal Services to meet the Availability Requirement. “Available” means the Dusty Portal Services are available for access and use by Customer and its Authorized Users over the Internet and operating in material accordance with the Dusty Portal Specifications. For purposes of calculating the Availability Requirement, the following are “Exceptions” to the Availability Requirement, and neither the Dusty Portal Services will be considered un-Available nor any Service Level Failure be deemed to occur in connection with any failure to meet the Availability Requirement or impaired ability of Customer or its Authorized Users to access or use the Dusty Portal Services that is due, in whole or in part, to any: (a) act or omission by Customer or any Authorized User; (b) Customer Failure; (c) Customer’s or its Authorized User’s Internet connectivity; (d) Force Majeure Event; (e) failure, interruption, outage, or other problem with any software, hardware, system, network, facility, or other matter not supplied by Dusty pursuant to the MSA; (f) Scheduled Downtime; or (g) disabling, suspension, or termination of the Dusty Portal Services pursuant to Section 2.6. Dusty will use commercially reasonable efforts to: (i) schedule downtime for routine maintenance of the Dusty Portal Services between the hours of 12:00 a.m. and 5:00 a.m., Eastern Time; and (ii) give Customer at least three (3) hours prior notice of all other scheduled outages of the Dusty Portal Services (“Scheduled Downtime”).

4.2. Service Support. Customer’s and its Authorized Users’ right to access the Dusty Portal Services includes Dusty’s standard customer support services in accordance with the Dusty Service support schedule then in effect. Dusty may amend the Dusty Portal Services support schedule from time to time in its sole discretion.

5. SECURITY.

5.1. Dusty Portal Systems and Security Obligations. Dusty will employ security measures in accordance with applicable industry practice. At a minimum, Dusty’s safeguards for the protection of Personal Information shall include: (a) limiting access of Customer Portal Data to its authorized personnel; (b) securing business facilities, data centers, paper files, servers, backup systems, and computing equipment, including, but not limited to, all mobile devices and other equipment with information storage capability; (c) implementing network, application, database, and platform security; (d) securing information transmission, storage, and disposal; (e) implementing authentication and access controls within media, applications, operating systems, and equipment; (f) encrypting Customer Portal Data stored on any media; (g) encrypting Customer Portal Data transmitted over public or wireless networks; (h) logically and/or physically segregating Customer Portal Data from information of Dusty or its other customers so that Customer Portal Data is not commingled with any other types of information; (i) conducting risk assessments, penetration testing, and vulnerability scans and promptly implementing, at Dusty’s sole cost and expense, a corrective action plan to correct any issues that are reported as a result of the testing; (j) implementing appropriate personnel security and integrity procedures and practices, including, but not limited to, conducting background checks consistent with applicable Law; and (k) providing appropriate privacy and information security training to Dusty’s employees.

5.2. Customer Access and Security. Customer shall employ all physical, administrative, and technical controls, screening, and security procedures and other safeguards necessary to: (a) securely administer the distribution and use of all Access Credentials and protect against any unauthorized access to or use of the Dusty Portal Materials; and (b) control the content and use of Customer Portal Data, including the uploading or other provision of Customer Portal Data for Processing by the Dusty Portal Services.

5.3. Prohibited Data. Customer acknowledges that the Dusty Portal Services are not designed with security and access management for Processing the following categories of information: (a) data that is classified and or used on the U.S. Munitions list, including software and technical data; (b) articles, services, and related technical data designated as defense articles or defense services; and (c) ITAR (International Traffic in Arms Regulations) related data, (each of the foregoing, “Prohibited Data”). Customer shall not, and shall not permit any Authorized User or other Person to, provide any Prohibited Data to, or Process any Prohibited Data through, the Dusty Portal Materials or any Dusty Personnel. Customer is solely responsible for reviewing all Customer Portal Data and shall ensure that no Customer Portal Data constitutes or contains any Prohibited Data.

5.4. Customer Control and Responsibility. In addition to Customer’s responsibilities set forth in the MSA related to its and its Equipment Operators’ use of the Equipment and provision of Customer Data (as defined in the MSA), each of which apply to Customer’s and its Authorized Users’ access and use of the Dusty Portal Materials, Customer has and will retain sole responsibility for all provision of Customer Portal Data to the Dusty Portal Services and for all access to and use of the Dusty Portal Materials directly or indirectly by or through the Customer Systems or its or its Authorized Users’ Access Credentials, with or without Customer’s knowledge or consent.

6. FEES AND PAYMENT.

The Fees set forth in the MSA is payment in full for Customer’s and its Authorized Users’ access and use of the Dusty Portal Materials.

7. CONSENT TO USE CUSTOMER PORTAL DATA.

In addition to rights granted to Dusty with respect to Customer Portal Data and all Intellectual Property Rights related thereto, Customer hereby grants Dusty a royalty-free, fully paid-up, non-exclusive, transferable, sub-licensable, irrevocable license to use the Customer Portal Data for the purpose of training artificial intelligence models and/or machine learning models. Dusty agrees and acknowledges that the Customer Portal Data is the confidential information of Customer and Dusty shall: (a) make commercially reasonable steps to protect and safeguard the confidentiality of the Customer Portal Data; (b) not intentionally use the Customer Portal Data, or permit it to be accessed or used, for any purpose other than as necessary for Dusty to perform under this Addendum; and (c) not intentionally disclose the Customer Portal Data to any other Person, except to Dusty’s Representatives (as defined in the MSA) and Dusty Subcontractors who need to know the Customer Portal Data to assist Dusty, or act on its behalf, and to exercise Dusty’s rights or perform its obligations under this Addendum.

8. REPRESENTATIONS AND WARRANTIES.

8.1. Additional Dusty Representations, Warranties, and Covenants. Dusty represents, warrants, and covenants to Customer that: (a) Dusty will perform the Dusty Portal Services using personnel of required skill, experience, and qualifications and in a professional and workmanlike manner in accordance with generally recognized industry standards for similar services and will devote adequate resources to meet its obligations under the MSA; and (b) the Dusty Portal Services will in all material respects conform to and perform in accordance with the Dusty Portal Specifications and all requirements of the MSA.

8.2. Additional Customer Representations, Warranties, and Covenants. Customer represents, warrants, and covenants to Dusty that: (a) Customer and each Authorized User shall use the Dusty Portal Materials in a professional and workmanlike manner in accordance with best industry standards and in a manner that complies in all material respects with the MSA, the Work Order, and any applicable Dusty Portal Documentation; (b) each of Customer’s Authorized Users shall not exceed the scope of such Authorized User’s authorization granted by the Customer with respect to their use of the Dusty Portal Materials; (c) Customer owns or otherwise has and will have the necessary rights and consents in and relating to the Customer Portal Data so that, as received by Dusty and Processed in accordance with the MSA, they do not and will not infringe, misappropriate, or otherwise violate any Intellectual Property Rights, or any privacy or other rights of any third-party or violate any applicable Law.

8.3. DISCLAIMER OF WARRANTIES. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH IN SECTION 8.1 AND THE MSA, ALL DUSTY PORTAL MATERIALS ARE PROVIDED “AS IS.” DUSTY SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE. WITHOUT LIMITING THE FOREGOING, DUSTY MAKES NO WARRANTY OF ANY KIND THAT THE DUSTY PORTAL MATERIALS, OR ANY PRODUCTS OR RESULTS OF THE USE THEREOF, WILL MEET CUSTOMER’S OR ANY OTHER PERSON’S REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY SOFTWARE, SYSTEM, OR OTHER DUSTY PORTAL SERVICES, OR BE SECURE, ACCURATE, COMPLETE, FREE OF HARMFUL CODE, OR ERROR FREE. ALL THIRD-PARTY MATERIALS ARE PROVIDED “AS IS” AND ANY REPRESENTATION OR WARRANTY OF OR CONCERNING ANY THIRD-PARTY MATERIALS IS STRICTLY BETWEEN CUSTOMER AND THE THIRD-PARTY OWNER OR DISTRIBUTOR OF THE THIRD-PARTY MATERIALS.

9. INDEMNIFICATION.

The Parties agree and acknowledge that the Dusty Portal Materials are subject to each Party’s indemnification obligations with respect to the Dusty Materials, provided, however, that Dusty shall have no liability or indemnification obligations to the extent that any alleged infringement of the Dusty Portal Materials arises from: (a) any Third-Party Materials; or (b) failure to timely implement any Updates to the Dusty Portal Materials made available to Customer by or on behalf of Dusty.

10. TERM AND TERMINATION.

The term of this Addendum (the “Term”) commences as of the Addendum Effective Date and will continue until the expiration or termination of the MSA.

10.1. Effect of Termination or Expiration. In addition to the effects of termination set forth in the MSA and unless otherwise expressly provided in this Addendum or the applicable Work Order, upon any expiration or termination of this Addendum for any reason or no reason:

(a) Dusty shall immediately cease all use of any Customer Portal Data and: (i) promptly return to Customer, or at Customer’s written request destroy, all documents and tangible materials containing, reflecting, incorporating, or based on Customer Portal Data; and (ii) permanently erase all Customer Portal Data from all systems Dusty directly or indirectly controls, provided, however, that, for clarity, Dusty’s obligations under this Section 10.1(a) do not apply to any Dusty Portal Usage Data;

(b) Customer shall immediately cease all use of any Dusty Portal Materials and (i) within ten (10) business days return to Dusty, or at Dusty’s written request destroy, all documents and tangible materials containing, reflecting, incorporating, or based on any Dusty Portal Materials; and (ii) permanently erase all Dusty Portal Materials from all systems Customer directly or indirectly controls;

(c) notwithstanding the foregoing, Dusty may retain Customer Portal Data and Customer may retain Dusty Portal Materials: (i) that are included in any materials that document a decision to terminate the MSA with the other Party, or otherwise to cease communications with the other Party; (ii) as may be required to comply with the Party’s internal record-keeping policies or any applicable federal, state or local Law or regulatory authority to which it is subject; or (iii) that are maintained as archive copies on the Party’s disaster recovery and/or information technology backup systems. Such copies will be destroyed upon the expiration of the last of the foregoing conditions. The retaining Party shall continue to be bound by the terms and conditions of the MSA regarding any such Customer Portal Data or Dusty Portal Materials retained in accordance with this Section 10.1(c);

(d) Dusty may disable all Customer and Authorized User access to the Dusty Portal Materials;

(e) upon Customer’s written requests at least fifteen (15) calendar days prior to the effective date of expiration or termination, subject to Section 10.1(c), Dusty shall, within fifteen (15) calendar days following such expiration or termination, deliver to Customer the then most recent version of Customer Portal Data maintained by Dusty, provided, however, that Customer has at that time paid all Fees then outstanding and any amounts payable after or as a result of such expiration or termination, including any expenses and fees, on a time and materials basis, for Dusty’s efforts in transferring such Customer Portal Data.

10.2. Surviving Terms. The provisions set forth in the following sections, and any other right or obligation of the Parties in this Addendum that, by its nature, should survive termination or expiration of this Addendum, will survive any expiration or termination of the MSA: Section 8.3, Section 9, Section 10.1, and this Section 10.2.

11. DEFINITIONS.

Capitalized terms used and not defined in this Addendum have the respective meanings assigned to them in the MSA.

“Access Credentials” means any username, identification number, password, license or security key, security token, PIN, or other security code, method, technology, or device used, alone or in combination, to verify an individual’s identity and authorization to access and use the Dusty Portal Services.

“Authorized User” means Customer’s employees, consultants, contractors, and agents (a) who are authorized by Customer to access and use the Dusty Portal Services under the rights granted to Customer pursuant to the MSA; and (b) for whom access to the Dusty Portal Services has been purchased hereunder.

“Customer Portal Data” means information, data, and other content, in any form or medium, that is collected, downloaded, or otherwise received, directly or indirectly from Customer or an Authorized User by or through the Dusty Portal Services or that incorporates or is derived from the Processing of such information, data, or content by or through the Dusty Portal Services. For the avoidance of doubt, Customer Portal Data does not include Dusty Portal Usage Data, metadata derived from Customer Portal Data, or any other information reflecting the access or use of the Dusty Portal Services by or on behalf of Customer or any Authorized User.

“Customer Systems” means the Customer’s information technology infrastructure, including computers, software, hardware, databases, electronic systems (including database management systems), and networks, whether operated directly by Customer or through the use of third-party services.

“Dusty Portal Documentation” means any manuals, instructions, or other documents or materials that Dusty provides or makes available to Customer in any form or medium and which describe the functionality, components, features, or requirements of the Dusty Portal Services or Dusty Portal Materials, including any aspect of the installation, configuration, integration, operation, use, support, or maintenance thereof.

“Dusty Portal Materials” means the Dusty Portal Services, Dusty Portal Specifications, Dusty Portal Documentation, and Dusty Portal Systems and any and all other information, data, documents, materials, works, and other content, devices, methods, processes, hardware, software, and other technologies and inventions, including any deliverables, technical or functional descriptions, requirements, plans, or reports, that are provided or used by Dusty or any Dusty Subcontractor in connection with the Dusty Portal Services or otherwise comprise or relate to the Dusty Portal Services or Dusty Portal Systems. For the avoidance of doubt, Dusty Portal Materials include Dusty Portal Usage Data and any information, data, or other content derived from Dusty’s monitoring of Customer’s access to or use of the Dusty Portal Services, but do not include Customer Portal Data. Without limiting the foregoing, Dusty Portal Materials may include artificial intelligence models and/or machine learning models that are incorporated into the Dusty Portal Services or otherwise in development by or on behalf of Dusty.

“Dusty Portal Services” means the Dusty Portal software-as-a-service offering.

“Dusty Portal Specifications” means the specifications for the Dusty Portal Services set forth in the services or otherwise provided or made available to the Customer for use with the Dusty Portal Services.

“Dusty Portal Systems” means the information technology infrastructure used by or on behalf of Dusty in performing the Dusty Portal Services, including all computers, software, hardware, databases, electronic systems (including database management systems), and networks, whether operated directly by Dusty or through the use of third-party services.

“Dusty Portal Usage Data” means data and information related to Customer’s use of the Dusty Portal Services that is used by Dusty in an aggregate and anonymized manner, including to compile statistical and performance information related to the provision and operation of the Dusty Portal Services.

“New Version” means any new version of the Dusty Portal Materials that Dusty may from time to time introduce and market generally as a distinct licenses product (or features) (as may be, but not necessarily indicated by Dusty’s designation of a new version number or feature set), which which Dusty may make available to Customer at an additional cost under a separate agreement or an additional line item on an applicable Work Order.

“Permitted Use” means any use of the Dusty Portal Services by an Authorized User for the benefit of Customer in the ordinary course of its internal business operations.

“Personal Information” means any information that, individually or in combination, does or can identify a specific individual or by or from which a specific individual may be identified, contacted, or located. Personal Information includes all “personal information” as defined under the California Consumer Privacy Act, as modified by the California Privacy Rights Act, and all rules and regulations issued under any of the foregoing.

“Process” means to take any action or perform any operation or set of operations that the Dusty Portal Services are capable of taking or performing on any data, information, or other content, including to collect, receive, input, upload, download, record, reproduce, store, organize, compile, combine, log, catalog, cross-reference, manage, maintain, copy, adapt, alter, translate, or make other derivative works or improvements, process, retrieve, output, consult, use, perform, display, disseminate, transmit, submit, post, transfer, disclose, or otherwise provide or make available, or block, erase, or destroy. “Processing” and “Processed” have correlative meanings.

“Third-Party Materials” means materials and information, in any form or medium, including any open-source or other software, documents, data, content, specifications, products, equipment, or components of or relating to the Dusty Portal Services that are not proprietary to Dusty.

“Updates” means any update, upgrade, release, or other adaption or modification of the Dusty Portal Materials, that Dusty may provide to Customer from time to time during the Term, which may contain, among other things, error corrections, enhancements, improvements, or other changes to the user interface, functionality, compatibility, capabilities, performance, efficiency, or quality of the Dusty Materials, but does not include any New Version.