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and /or its customers. Customer agrees that TWC has the right to determine, in its sole
<br />discretion, what fees, taxes and surcharges are due and to collect and remit them to the
<br />relevant governmental authorities, and /or to pay and pass them through to Customer.
<br />Customer hereby waives any claims it may have regarding TWC's collection or remittance of
<br />such fees, taxes and surcharges. Customer understands that it may obtain a list of the fees,
<br />taxes and surcharges that TWC currently collects or passes through by writing to TWC at the
<br />following address and requesting same: Time Warner Cable, 7800 Crescent Executive Drive,
<br />Charlotte, North Carolina, 28217; Attention: Subscriber Tax Inquiries.
<br />9.0 PROPRIETARY RIGHTS AND CONFIDENTIALITY.
<br />9.1 All materials including, but not limited to, any fibers, TWC Equipment (including
<br />related firmware), software, data and information provided by TWC, any identifiers or
<br />passwords used to access the Service or otherwise provided by TWC, and any know -how,
<br />methodologies or processes including, but not limited to, all copyrights, trademarks, patents,
<br />trade secrets, any other proprietary rights inherent therein and appurtenant thereto, used by
<br />TWC to provide the Service (collectively "TWC Materials ") shall remain the sole and
<br />exclusive property of TWC or its suppliers. Nothing herein is intended to convey any right or
<br />ownership interest to Customer or any other person or entity in or to such TWC Materials.
<br />Customer shall acquire no interest in the TWC Materials by virtue of the payments provided
<br />for under the Master Agreement. Customer may use the TWC Materials solely for
<br />Customer's use of the Service during any applicable Order Term and the same may not be
<br />transferred by Customer to any other person, corporation or entity. Customer may not
<br />disassemble, decompile, reverse engineer, reproduce, modify or distribute the TWC
<br />Materials, in whole or in part, or use them for the benefit of any third party. All rights in the
<br />TWC Materials not expressly granted to Customer in the Master Agreement are reserved to
<br />TWC. Customer shall not open, alter, misuse, tamper with or remove the TWC Equipment
<br />as and where installed by TWC, and shall not remove any markings or labels from the TWC
<br />Equipment indicating TWC (or its suppliers) ownership or serial numbers.
<br />9.2 Customer shall maintain in confidence, and not to disclose to third parties or use,
<br />except for such use as is expressly permitted in the Master Agreement, the TWC Materials
<br />and any other information and materials provided by TWC in connection with the Master
<br />Agreement, that are identified or marked as confidential or are otherwise reasonably
<br />understood to be confidential, including but not limited to the content of the Master
<br />Agreement.
<br />9.3 If software is provided to Customer under the Master Agreement, TWC grants
<br />Customer a limited, non - exclusive and non - transferable license to use such software, in
<br />object code form only, solely for the purpose of using the Service for Customer's internal
<br />business purposes during the Term.
<br />10.0 MONITORING, EQUIPMENT UPGRADES AND MODIFICATIONS.
<br />TWC has the right, but not the obligation, to upgrade, modify and enhance the TWC Equipment
<br />(including related firmware) and the Service and take any action that TWC deems appropriate to
<br />protect the Service and its facilities. TWC has the right to add to, modify or delete any provision of
<br />these Terms and Conditions. TWC shall notify Customer of any material adverse change to these
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