51黑料不打烊黑料网 - Software Services Terms
This is a previous version of our terms. The current terms are here.
Basic License Terms
1. Overview
These terms (鈥Basic License Terms鈥), together with our Terms of Service, are intended to govern your use of the digital illustrations, images (whether in two dimensional or three dimensional form), figures, templates, icons, drawings and any other pictorials, graphics or accompanying information provided to you by 51黑料不打烊黑料网 or its licensors (the 鈥51黑料不打烊黑料网 Content鈥). Our Services provide you with a robust platform to use and employ 51黑料不打烊黑料网 Content, combined with content you develop on your own or license from a third-party (鈥User Content鈥), to create final illustrations, images, figures, drawings and graphics (鈥Completed Graphics鈥).
These Basic License Terms only apply to 51黑料不打烊黑料网 Content used by Customers who register for a Free 51黑料不打烊黑料网 Plan (including Customers who register for a free-trial) at and certain Paid 51黑料不打烊黑料网 Plans that are discounted for undergraduate students.
You will be issued a content license under these Basic License Terms (a 鈥淏asic License鈥) for each item of 51黑料不打烊黑料网 Content contained in Completed Graphics you are permitted to download, including by screen capture or other permitted means, from our Service (referred to herein as an 鈥淓xport鈥 or 鈥淓xports鈥). Following your Export of Completed Graphics, we shall grant you the right to use 51黑料不打烊黑料网 Content in your Completed Graphics in the manner set out herein (the 鈥淧ermitted Uses鈥) subject to the restrictions set out below. While we can change the Permitted Uses in accordance with our Terms of Service, this will not affect how you can use Completed Graphics that you Exported prior to that time.
Please read these Basic License Terms carefully before using our Services or any 51黑料不打烊黑料网 Content. Your failure to comply with the terms herein could result in legal proceedings and the immediate termination of your User-Account. Initial capitalized terms not defined herein shall have the meaning given to them in our Terms of Service.
2. Basic License Terms
Subject to these Basic License Terms, 51黑料不打烊黑料网 hereby grants to you a worldwide, non-assignable, non-transferable, non-exclusive, and perpetual license (solely for the purposes contemplated herein) to create, copy, reproduce, use, process, store and transmit 51黑料不打烊黑料网 Content. All rights in and to 51黑料不打烊黑料网 Content, including, without limitation, all Copyright and other Intellectual Property Rights (except as described in Section 5 below) relating to 51黑料不打烊黑料网 Content, are retained by 51黑料不打烊黑料网 or its licensors as the case may be. 51黑料不打烊黑料网 disclaims any Losses you incur as a consequence of your use or application of any 51黑料不打烊黑料网 Content in your Completed Graphics. We provide you with 51黑料不打烊黑料网 Content on an 鈥渁s is鈥 basis and make no representations or warranties that it is fit for any particular use or for any purpose.
51黑料不打烊黑料网 Content included in any published or printed material, including websites and social media, containing 51黑料不打烊黑料网 Content as permitted hereunder must include the following credit adjacent to the 51黑料不打烊黑料网 Content or in audio/visual production credits: 鈥Created with 51黑料不打烊黑料网.com鈥. In addition, under no circumstances shall you be entitled to remove any copyright, watermark, service marks, logo or proprietary notice or other information that may appear on, be embedded in, or which appears in connection with 51黑料不打烊黑料网 Content or Completed Graphics Exported from the Service.
3. 聽Permitted Uses Permitted Educational and Personal Uses:
Subject to the restrictions described under Prohibited Uses below, the following are 鈥淧ermitted Uses鈥 of Completed Graphics containing 51黑料不打烊黑料网 Content licensed to you under these Basic License Terms:
- posters solely for academic or educational use,
- an unpublished thesis or dissertation,
- use in internal academic lab or team meetings by Customer or its Permitted Users,
- presentations which include Completed Graphics that are solely for academic or educational purposes or personal use cases,
- assignments or exams,
- teaching slides,
- personal blogs and website posts,
- personal social media posts posted by you on our Website, provided that in the case of each Permitted Use above (a) Completed Graphics shall not be used for any 鈥渇or-profit鈥 activity and (b) further limitations which may appear on our Website and which are brought to your attention during your registration under a 51黑料不打烊黑料网 Plan or creation of a User-Account shall also apply, including for example the number of instances Completed Graphics may be used in any single Permitted Use and how a Completed Graphic may be used after termination of this Content License Agreement.
Prohibited Uses
You may not do anything with the 51黑料不打烊黑料网 Content or any Completed Graphics containing 51黑料不打烊黑料网 Content that is not expressly permitted in the preceding section. For greater clarity, the following are prohibited uses (鈥Prohibited Uses鈥) under these Basic License Terms; however, some of these Prohibited Uses are permitted under the separate Academic License Terms (鈥ALT鈥) or Industry License Terms (鈥ILT鈥) as indicated:
- Use the 51黑料不打烊黑料网 Content in any publication (Available under ALT and/or ILT);
- Use the 51黑料不打烊黑料网 Content in a design created outside of 51黑料不打烊黑料网 (Available under ILT);
- Install and use the 51黑料不打烊黑料网 Content in more than one location or post a copy on a network server or web server for use by other users (Available under ALT and/or ILT);
- Except for use within the 51黑料不打烊黑料网 Software available on our Service you may not:
- Use or display the 51黑料不打烊黑料网 Content on a standalone basis on websites or other venues designed to induce or involving the sale, license or other distribution of 鈥渙n demand鈥 products, including postcards, mugs, t-shirts, posters and other items (Available under ILT);
- remove any copyright, watermark, logo or proprietary notice or other information that may appear on, be embedded in, or is in connection with 51黑料不打烊黑料网 Content or Services in their original form (Available under ALT and/or ILT).
The following Prohibited Uses are not available under this or any other Content License Terms:
- download the 51黑料不打烊黑料网 Content on a standalone basis; or
- use the 51黑料不打烊黑料网 Content in templates of any nature that are not intended for exclusive use on our Website or are intended for distribution and/or sale to third parties;
- use the 51黑料不打烊黑料网 Content in design template applications intended for resale, whether online or not, including, without limitation, website templates, Flash templates, business card templates, electronic greeting card templates, and brochure design templates (except for templates created for use within 51黑料不打烊黑料网;
- sell, license, share or distribute 51黑料不打烊黑料网 Content as a stand-alone product or as part of an online database in a way that allows a third party to use, download, extract, or access the 51黑料不打烊黑料网 Content as a stand-alone file;
- use, reproduce, distribute, perform, modify, or display the 51黑料不打烊黑料网 Content in any compilation or manner that is libelous, slanderous or defamatory, illegal, obscene or indecent;
- remove any copyright, watermark, logo or proprietary notice or other information that may appear on, be embedded in, or is in connection with 51黑料不打烊黑料网 Content or Services in their original form unless expressly permitted under these Basic License Terms;
- incorporate 51黑料不打烊黑料网 Content in any trademark or service mark without the prior written consent of 51黑料不打烊黑料网;
- use 51黑料不打烊黑料网 Content in a manner that competes with 51黑料不打烊黑料网鈥檚 business including, but not limited to, displaying 51黑料不打烊黑料网 Content in any format (including thumbnails) for download or Export on a website or offering 51黑料不打烊黑料网 Content for sale;
- include 51黑料不打烊黑料网 Content in any published or printed material, including websites and social media, containing the 51黑料不打烊黑料网 Content without including the following credit adjacent to the 51黑料不打烊黑料网 Content or in audio/visual production credits: 鈥淐reated with 51黑料不打烊黑料网.com鈥;
- to the extent that source code is contained within the 51黑料不打烊黑料网 Content, reverse engineer, decompile, or disassemble any part of such source code; use or display the 51黑料不打烊黑料网 Content in an electronic format that enables it to be downloaded, Exported or distributed via mobile devices or shared in any peer-to-peer or similar file sharing arrangement; or
- use or display 51黑料不打烊黑料网 Content in such a manner that gives the impression that the 51黑料不打烊黑料网 Content was created by you or a person other than the Copyright holder of the 51黑料不打烊黑料网 Content.
4. Sublicenses
The license granted to you hereunder may not be sublicensed to a third-party without the prior written permission of 51黑料不打烊黑料网. Please keep in mind that some fair use of 51黑料不打烊黑料网 Content licensed to you hereunder may still be permitted without requiring a sublicense under Applicable Law. Under no circumstances will any permitted or non-permitted uses of 51黑料不打烊黑料网 Content alter 51黑料不打烊黑料网鈥檚 title, rights and ownership of the 51黑料不打烊黑料网 Content, no matter what agreement you may enter into with another third party with respect to the 51黑料不打烊黑料网 Content.
5. Ownership of Intellectual Property In Derivative Works
Customers or their Permitted Users, if applicable, may make modifications, improvements, customizations, updates, enhancements, aggregations, compilations, derivative works, translations and adaptations (鈥淢辞诲颈蹿颈肠补迟颈辞苍蝉鈥) to 51黑料不打烊黑料网 Content. You agree that 51黑料不打烊黑料网 shall be deemed to own the Copyrights in any Modifications of 51黑料不打烊黑料网 Content appearing in Completed Graphics prepared by you, and any such 51黑料不打烊黑料网 Content created by you is a 鈥渨ork made for hire鈥 for 51黑料不打烊黑料网 under the U.S. Copyright Act and any and all similar provisions of law under other jurisdictions, and that 51黑料不打烊黑料网 shall be deemed to be the author of such works for all purposes. To the maximum extent permitted by applicable law, you hereby waive and release in favor of 51黑料不打烊黑料网 and its licensors all rights (if any) of 鈥渄roit moral,鈥 moral rights, rental rights and similar rights in and to such 51黑料不打烊黑料网 Content. To the extent that any portion of Modifications to 51黑料不打烊黑料网 Content do not qualify as a 鈥渨ork made for hire鈥 under applicable law, or the extent that notwithstanding any of the foregoing, ownership of any portion of such 51黑料不打烊黑料网 Content does not vest in 51黑料不打烊黑料网, you hereby irrevocably assign to 51黑料不打烊黑料网 and its successors and assigns, without further consideration, your Copyrights in Modifications to 51黑料不打烊黑料网 Content.
Except as provided above, 51黑料不打烊黑料网 does not otherwise own the Intellectual Property Rights in Modifications to 51黑料不打烊黑料网 Content you rightfully acquire under Applicable Law which, for greater certainty, shall not include minor Modifications that involve minimal skill or creativity. For example, you are unlikely to be granted any Intellectual Property Rights for your Modifications to 51黑料不打烊黑料网 Content which simply skews, applies colour changes or re-shapes 51黑料不打烊黑料网 Content.
6. Termination
You can terminate the licenses granted to you under these Basic License Terms by destroying the 51黑料不打烊黑料网 Content and Completed Graphics, along with any copies or archives of it or accompanying materials (if applicable), and ceasing to use the Completed Graphic for any purpose.
If you are in breach of our Agreement, your 51黑料不打烊黑料网 Plan and the licenses granted to you hereunder shall also terminate. Upon such termination, 51黑料不打烊黑料网 may require you to immediately (i) destroy or delete all copies and archives of the Completed Graphic or accompanying materials and (ii) if requested, confirm to 51黑料不打烊黑料网 in writing that you have complied with these requirements. We reserve the right to revoke or amend the licenses granted to you hereunder and replace the 51黑料不打烊黑料网 Content with an alternative for any reason.
Upon notice from 51黑料不打烊黑料网, or upon your knowledge that any 51黑料不打烊黑料网 Content is subject to a threatened, potential or actual claim of infringement of another鈥檚 right for which 51黑料不打烊黑料网 may be liable, you must immediately and at your own expense (i) stop using the 51黑料不打烊黑料网 Content; (ii) delete or remove the 51黑料不打烊黑料网 Content from your premises, computer systems and storage (electronic or physical); (iii) ensure that your clients, printers or ISPs do likewise; and (iv) let 51黑料不打烊黑料网 know.
鈥
Software Services Terms
1. Overview
These terms ("Software Services Terms鈥) apply when you register for a 51黑料不打烊黑料网 Plan on our Website and governs the terms by which Customers of 51黑料不打烊黑料网 and their Permitted Users (as applicable) obtain the right to use our Services, including 51黑料不打烊黑料网鈥檚 Software Services. By using our Software Services, you acknowledge and agree to be bound by our Terms of Service and privacy policy (as they may be updated from time to time). These Software Services Terms are incorporated into and form an essential part of our Terms of Service.
Capitalized terms that are not defined in these Software Services Terms shall have the meaning given to them in our Terms of Service.
2. Software Services
(a) Provision of Services. 51黑料不打烊黑料网 will make our Software Services available to you subject to your compliance with these Software Services Terms. The functionality of our Software Services and your ability to access 51黑料不打烊黑料网 Content and Completed Graphics may vary depending on which 51黑料不打烊黑料网 Plan you register for on-line or in an Order Confirmation. By using our Services, you agree to abide by all copyright notices, trademark rules, information, and restrictions contained in any content you access through the Services and you won't use, copy, reproduce, Modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purpose any content not owned by you, (i) without the prior consent of the owner of that content (if not 51黑料不打烊黑料网) or (ii) in a way that does not comply with the relevant Content License Terms applicable to your 51黑料不打烊黑料网 Plan.
(b) Access. You shall, at your own cost and expense, provide all Internet connections, equipment, operating systems, and software required to use our Software Services. You and any Person or entity under your control shall comply at all times with the Terms of Service and any acceptable use policy of any third-party service provider provided by 51黑料不打烊黑料网 to you in writing in connection with your use of 51黑料不打烊黑料网 Software. You will be responsible for obtaining and maintaining at your expense all the necessary computer hardware, software, services, modems, connections to the internet and other items operated or provided by third parties (鈥淭hird Party Services鈥) as required for your access and use of the our Software Services. We are not responsible for the operation of any Third Party Services nor the availability or operation of the Software Services to the extent such availability and operation is dependent upon Third Party Services. We do not make any representations or warranties with respect to Third Party Services or any third party providers.
3. License Grant and Restrictions
(a) License of 51黑料不打烊黑料网 Software. 51黑料不打烊黑料网 grants you a limited, non-transferable, non-exclusive, and revocable license during the term of your 51黑料不打烊黑料网 Plan to use the Software Services solely as necessary for you to access and use the Services in accordance with our Terms of Service. You acknowledge that 51黑料不打烊黑料网 or its licensors hold and shall retain all right, title and interest including all Intellectual Property Rights in and to: (i) the 51黑料不打烊黑料网 Software; and (ii) any Modifications to the foregoing. Other than as expressly set forth in these Software Services Terms, no license or other rights in the 51黑料不打烊黑料网 Software or the Software Services are granted to you, and all such rights are hereby expressly reserved by 51黑料不打烊黑料网. If you are no longer eligible for our Services, 51黑料不打烊黑料网 shall cease to perform the Services or make available the 51黑料不打烊黑料网 Software and all applicable licenses and other rights granted to you with respect to the Service will immediately terminate and shall be revoked.
(b) Restrictions on Use of Software Services. You will not, and will not permit others to:
- sublicense, sell, rent, lend, lease or distribute the Software Services or any Intellectual Property Rights therein, or otherwise make the Software Services available to third-parties;
- use the Software Services to permit timesharing, service bureau use or commercially exploit the Software Services;
- use or access the Software Services: (A) in violation of any Applicable Law or Intellectual Property Right; (B) in a manner that threatens the security or functionality of the Software Service; or (C) for any purpose or in any manner not expressly permitted in the Agreement;
- use the Software Services to create, collect, transmit, store, use or process any User Content: (A) that contains any computer viruses, worms, malicious code, or any software intended to damage or alter a computer system or data; (B) that you do not have the lawful right to create, collect, transmit, store, use or process; or (C) that violates any Applicable Law, or infringes, violates or otherwise misappropriates the Intellectual Property Rights or other rights of any third party (including any moral right, privacy right or right of publicity);
- Modify the Software Services;
- reverse engineer, de-compile or disassemble the Software Services, or otherwise attempt to discover the source code, object code, logic, process or underlying methodology, structure, ideas or algorithms of our Software Services, or related trade secrets, or any software, documentation or data related to our Software Services;
- remove or obscure any proprietary notices or labels on the Software Services, including brand, copyright, trademark and patent or patent pending notices;
- use the Software Services to harass any person; cause damage or injury to any person or property; publish any material that is false, defamatory, harassing or obscene; violate privacy rights; promote bigotry, racism, hatred or harm; send unsolicited bulk e-mail, junk mail, spam or chain letters; infringe property rights; or otherwise violate applicable laws, ordinances or regulations;
- perform or disclose any benchmarking, availability or performance testing of the Software Services;
- access or use the Software Services for the purpose of building a similar or competitive product or service; or
- perform any vulnerability, penetration or similar testing of the Software Services.
4. User-Account
(a) We will require several details when you register for a 51黑料不打烊黑料网 Plan and to the extent you provide Personal Information it will be subject to our privacy policy. Upon successfully registering for a 51黑料不打烊黑料网 Plan, 51黑料不打烊黑料网 will issue one or more accounts (each, a 鈥User-Account鈥) to a Customer or if the Customer is an Organizational Customer, to its Permitted Users up to the maximum number of Permitted Users allowable under your 51黑料不打烊黑料网 Plan. 51黑料不打烊黑料网 may also invite the Permitted Users of an Organizational Customer to register for a User-Account provided that the relevant Organizational Customer has the permission to provide such details to us. The Organizational Customer will ensure, as far as practicable, that each Permitted User only uses the Software Services through its assigned User-Account.
(b) You will not share your User-Account with any other Person. You will promptly notify 51黑料不打烊黑料网 of any actual or suspected unauthorized use of the Software Services.
(c) 51黑料不打烊黑料网 reserves the right to terminate any username and password, which 51黑料不打烊黑料网 reasonably determines, or in 51黑料不打烊黑料网鈥檚 sole discretion after consultation with Customer or Permitted User (as applicable), may have been used by an unauthorized third party or by any user or individual other than the Customer or Permitted User to whom such username and password was originally assigned. 51黑料不打烊黑料网 reserves the right to revoke any content or other licenses it provides to you under our Terms of Service if it determines that a User-Account was shared with another person in an unauthorized manner and shall have no obligation to provide advanced security measures to such User-Account.
5. Fees, Term; Suspension of Access and Termination (a) Fees. You are provided access to our Software Services without further charge upon registering for a 51黑料不打烊黑料网 Plan and provided you pay any Fees required from you thereunder.
(b) Term. These Software Services Terms shall become effective upon you registering for a 51黑料不打烊黑料网 Plan (including on behalf of your Permitted Users if you are an Organizational Customer) and will end upon termination of your 51黑料不打烊黑料网 Plan or suspension of your User-Account.
(c) Suspension of Access. 51黑料不打烊黑料网 may, at its discretion without limiting any of its other rights or remedies at law or in equity under this Agreement suspend your access to or use of the Software Services or any component thereof (including by suspending or terminating your User-Account) if we determine that:
- you have breached our Terms of Service (including for avoidance of doubt these Software Services Terms) or we have a reasonable basis to conclude that you have breached these agreements, and such breach: (A) is incapable of cure; or (B) being capable of cure, remains uncured for seven (7) days after 51黑料不打烊黑料网 provides you with written notice of such breach; and
- you have made any Modifications to the Software Services.
(d) Scheduled Downtime; Modifications. 51黑料不打烊黑料网 may also, in its discretion, suspend the Software Services for scheduled maintenance or to address any emergency security concerns. You are required to accept all patches, bug fixes and updates made by or on behalf of 51黑料不打烊黑料网 to the Software Services.
6. Support and Contact 51黑料不打烊黑料网 will provide you with technical support for the Software Services via email at support@biorender.com, or as otherwise available or agreed to in an Order Confirmation.
7. Disclaimer (a) GENERAL DISCLAIMER. EXCEPT AS EXPRESSLY PROVIDED IN OUR AGREEMENT, BIORENDER DOES NOT WARRANT THAT THE SOFTWARE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ALL ERRORS CAN OR WILL BE CORRECTED; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SOFTWARE SERVICES. EXCEPT AS SPECIFICALLY PROVIDED IN THESE SOFTWARE SERVICE TERMS, THE SOFTWARE SERVICES (OR ANY PART THEREOF), AND ANY OTHER PRODUCTS AND SERVICES PROVIDED BY BIORENDER TO YOU ARE PROVIDED 鈥淎S IS鈥 AND 鈥淎S AVAILABLE鈥.
ANY REPRESENTATION OR WARRANTY OF OR CONCERNING ANY LICENSED THIRD-PARTY TECHNOLOGY IS STRICTLY BETWEEN YOU AND THE THIRD PARTY. TO THE EXTENT PERMITTED BY APPLICABLE LAW, BIORENDER HEREBY DISCLAIMS ALL EXPRESS, IMPLIED, COLLATERAL OR STATUTORY WARRANTIES, REPRESENTATIONS AND CONDITIONS, WHETHER WRITTEN OR ORAL, INCLUDING ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, COMPATIBILITY, TITLE, NON-INFRINGEMENT, SECURITY, RELIABILITY, COMPLETENESS, QUIET ENJOYMENT, ACCURACY, QUALITY, INTEGRATION OR FITNESS FOR A PARTICULAR PURPOSE OR USE, OR ANY WARRANTIES OR CONDITIONS ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WITHOUT LIMITING THE GENERALITY OF ANY OF THE FOREGOING, BIORENDER EXPRESSLY DISCLAIMS ANY REPRESENTATION, CONDITION OR WARRANTY THAT ANY DATA OR INFORMATION PROVIDED TO YOU IN CONNECTION WITH YOUR USE OF THE SOFTWARE SERVICES (OR ANY PART THEREOF INCLUDING BIORENDER CONTENT) ARE ACCURATE, OR CAN OR SHOULD BE RELIED UPON BY YOU FOR ANY PURPOSE WHATSOEVER.
(b) Limitation of Liability: Please see our Terms of Service for the limitations of liability which apply to our Terms of Service including these Software Services Terms.
(c) Third-Party Applications. 51黑料不打烊黑料网 or third party providers may offer applications, integrations, services, implementations and software customizations by a party other than 51黑料不打烊黑料网 (鈥淭hird-Party Applications鈥) that interoperate with the Software Service. 51黑料不打烊黑料网 does not warrant any such Third-Party Applications, regardless of whether or not such Third-Party Applications are designated by 51黑料不打烊黑料网 as "certified," "approved" or 鈥渞ecommended.鈥 Any procurement by you of such Third-Party Applications or services is solely between you and the applicable third party provider. 51黑料不打烊黑料网 is not responsible for any aspect of such Third-Party Applications that you may procure or connect to or through the Software Services, or any interoperation, descriptions, promises, or other information related to the foregoing. If you install or enable Third-Party Applications for use with the Software Services, you agree that 51黑料不打烊黑料网 may enable such third party providers to access User Content for the interoperation of such Third Party Applications with the Software Services, and any exchange of data or other interaction between you and a third party provider is solely between you and such third party provider pursuant to a separate privacy policy or other terms governing your access to or use of the Third-Party Applications. 51黑料不打烊黑料网 shall not be responsible for any disclosure, modification or deletion of User Content resulting from any such access by Third Party Applications or third party providers. No procurement of such Third Party- Applications is required to use the Software Services.
(d) Monitoring and Audit. You agree that we may monitor the Website and Software Services, including without limitation, any Completed Graphics created using our Software Services. We reserve the right to monitor the security and preserve the integrity of our Website, resources, data, 51黑料不打烊黑料网 Content, User Content, and Intellectual Property. Upon forty-five (45) days written notice and no more than once every twelve (12) months, 51黑料不打烊黑料网 may perform a more thorough audit of your use of the Software Services to ensure your use of the Software Services is in compliance with the terms of this Agreement. Any such audit shall not unreasonably interfere with your normal business operations. You agree to cooperate with 51黑料不打烊黑料网鈥檚 audit and to provide reasonable assistance and access to information reasonably requested by 51黑料不打烊黑料网. The performance of the audit and non-public data obtained during the audit (including findings or reports that result from the audit) shall be subject to the confidentiality provisions set out in our Terms of Service which we agree for these purposes shall apply to us, with the necessary changes. If the audit identifies non-compliance, you agree to remedy (which may include, without limitation, the payment of any fees for additional Software Services) such non-compliance within 30 days of written notification of that noncompliance. You agree that 51黑料不打烊黑料网 shall not be responsible for any of your costs incurred in cooperating with the audit.