Acceptable Use & Anti-Spam Policy
This policy applies to all user logins for any uib.ai account.
Application: This policy applies to all email and other communications generated or sent by or through the web site located at https://www.uib.ai and other related sites (Site). Your use of the Site and services signifies your acceptance of this Acceptable Use Policy, which may be updated without notice. If we make significant changes to this policy, we will highlight those changes for a period of time.
Failure to Comply: Failure to comply with this Policy may result in termination or suspension (or both) of any access to or use of the Site or services (without notice). No refunds will be provided for such termination or suspension of your access or use.
Example: Unified Inbox automatically monitors large import lists and communications going to a large number of contacts. Any account using the Site or services for unsolicited marketing or commercial email, messaging or faxing will be immediately suspended, terminated or both.
YOU MAY NOT:
import or send emails or other communications to contacts that you have bought, loaned, rented or in any way acquired from a third party, irrespective of any claim about quality or permission (e.g. opt-in), while using the Site and services. You must refrain from importing into your account and sending communications to contacts you have collected from other websites;
access or otherwise use third party mailing lists in connection with generating or sending unsolicited marketing or commercial email, messages, faxes or other communications to any third party; or
use misleading subject lines.
routing and header information (including without limitation, your emails “From” and “To,” the originating domain name and email address) must be true and accurate;include a conspicuous notice in all marketing related communications that the message is an advertisement or solicitation and that the recipient can opt out of receiving more commercial messages from you;
include in each email, message, fax or other communication generated or sent through the service an identifying footer stating “Powered by uib.ai” or a similar message designated by Unified Inbox;
prove that you have express permission to send messages to the contacts you have imported into your account irrespective of whether you have sent messages to such contacts (if we ask you about it);
ensure that the emails, messages, faxes or other communications you generate or send through the service do not generate an unacceptable number of complaints regarding the fact that they were unsolicited. UnifiedInbox, in its sole discretion, determines the acceptable level of complaints; and
comply with applicable law with respect to using the email, messaging or fax service component.
NO OBJECTIONABLE OR ILLEGAL MATERIAL:
No libelous or defamatory information or content;
No vulgar, obscene, profane, offensive, abusive, or threatening information or content;
No false, misleading, inaccurate or deceptive information or content;
No unlawful or illegal information or content;
No information or content that is discriminatory, racist, or promotes violence against any individual or group;
No pornographic, sexually explicit or otherwise adult-oriented information or content;
No gambling, sweepstakes or similar activity;
No extreme political, religious or charitable organizations, issues or causes;
No weaponry, firearms, ammunition, fireworks, or explosives;
No infringement or misappropriation of the intellectual property rights of any third party;
No hacking, software piracy, spyware, SPAM or unsolicited commercial email, messaging or faxing, surveillance, interception or descrambling equipment, phreaking, emulators, ROM’s, or illegal file sharing activity;
No viruses or programming routines intended to damage, surreptitiously intercept or expropriate any system, data or information;
No tobacco and tobacco-related products, alcoholic beverages, drugs (illegal or prescription), or drug paraphernalia;
No hazardous materials or hazardous substances; and
No information or content otherwise deemed unsuitable to the Site or service, or harmful to the reputation of Unified Inbox or its affiliates, partners, customers or users.
Contact: If you have any questions about our Acceptable Use Policy or suspect a violation, please contact our abuse department at: abuse -“@”- uib.ai
Open Source Plugins
JAN 15, 2015
UIB HOLDINGS PTE LTD.
END USER LICENSE AGREEMENT
YOU ACKNOWLEDGE THAT YOU WILL BE BOUND BY THE TERMS OF THIS LICENSE AGREEMENT (INCLUDING ANY TERMS OR POLICIES REFERENCED HEREIN) BY CLICKING ON THE “I ACCEPT-BUTTON” BELOW OR BY USING THE LICENSED APPLICATION.
UIB Holdings Pte Ltd., Singapore, (“UIB” or “”we” or “us” or “our”) offers you (“you” or “your”) services to manage communication through UIB’s licensed software application (the “Application”) for any mobile or other computerized device that you own or control (a “Device”). You understand that anyone with knowledge of your phone number or email address may send you messages through our Application. The Application is licensed, not sold, to you for use only on the terms of this License, unless a product or service is accompanied by a separate license agreement, in which case the terms of that separate license agreement will govern. UIB reserves all rights not expressly granted to you.
a. Scope of License: This License for the Application is a limited, worldwide, non-exclusive, non-transferable and non-sublicensable right to use the Application on any Device.
You are not allowed to:
distribute or make the Application available over a network where it could be used by multiple devices at the same time; and/or
rent, lease, lend, sell, redistribute or sublicense the Application, and/or
copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Application, any updates, or any part thereof (except to the extent any foregoing restriction is prohibited by applicable law or to the extent permitted by the licensing terms governing use of any open sourced components included with the Application).
This License will also govern any upgrade provided by UIB, unless such upgrade is accompanied by a separate license, in which case the terms of that license will govern.
b. Consent to Use of Data: UIB receives and collects information about you from your use of the Application. You agree that UIB may use that information, as long as it is in a form that does not personally identify you or if such use is required by applicable laws.
c. Termination. This License is effective until terminated by either you or UIB giving the other 30 days’ written notice. Your rights under this License will also terminate automatically without notice from UIB if: (1) any fees payable in relation to your use of the Application are not paid when due (regardless of who is responsible for payment of those fees); or (2) you fail to comply with any term of this License. Upon termination of the License, you must no longer use the Application, and must destroy all copies, full or partial, of the Application.
d. Services. The Application may enable access to UIB’s and third party services and websites (“Services”). Use of the Services may require Internet access and that you accept a third party’s terms of Service.
By using any Services, you may encounter content that may be deemed offensive, indecent, or objectionable. You agree to use the Services at your sole risk.
Certain Services may display, include or make available content, data, information, applications or materials from third parties (“Third Party Materials”) or provide links to certain third party web sites. By using the Services, you agree that UIB is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of any Third Party Materials or websites. UIB does not warrant or endorse and does not assume and will not have any liability or responsibility to you or any other person for any third-party Services, Third Party Materials or websites, or for any other materials, products, or services of third parties. Third Party Materials and links to other web sites are provided solely as a convenience to you. Neither UIB, nor any of its content or service providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of information or data displayed by any Services.
You agree that any Services contain proprietary content, information and material that is protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will not use such proprietary content, information or materials in any way whatsoever except for permitted use of the Services. No portion of the Services may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services, and you shall not exploit the Services in any unauthorized way whatsoever. You further agree not to use the Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party and you will indemnify UIB in full against any claims by third parties which are based on your non-compliance with the aforementioned obligations.
In addition, third party Services and Third Party Materials that may be accessed from, displayed on or linked to from your Devices are not available in all languages or in all countries. UIB makes no representation that such Services and Materials are appropriate or available for use in any particular location. To the extent you choose to access such Services or Materials, you do so at your own initiative and are responsible for compliance with any applicable laws. UIB and its licensors reserve the right to change, suspend, remove, or disable access to any Services at any time without notice and without liability to you. UIB may also impose limits on your use of or access to certain Services in any case and without notice or liability.
f. NO WARRANTY: YOU AGREE THAT USE OF THE APPLICATION IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY AND PERFORMANCE IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE APPLICATION (“SERVICES”) ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. UIB HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE APPLICATION AND ANY SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. UIB DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE APPLICATION, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE APPLICATION WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE APPLICATION OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE APPLICATION OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY UIB OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. UIB MAY IMPOSE LIMITS ON THE USE OF OR ACCESS TO THE APPLICATION WITHOUT NOTICE OR LIABILITY. SHOULD THE APPLICATION OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
g. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL UIB BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF UIB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall UIB’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount that is equal to the fees that you paid for the subscription of the Application in the calendar month immediately preceding the events which purportedly caused damages to you. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
h. You may not use or export or re-export the Application except as authorized by the applicable export control regulations and the laws of the country in which the Application was obtained. You must not use the Application for any purposes prohibited by law, including, without limitation, the development, design, manufacture or production of nuclear, missiles, or chemical or biological weapons.
i. The laws of Singapore, excluding its conflicts of law rules, govern this License and your use of the Application. Your use of the Application may also be subject to other local, state, national, or international laws.
j. Changes to this License. UIB may change the terms of this License from time to time. UIB will publish the changes on its website at www.uib.ai/legal. The changes will be effective when published. Please review UIB’s website and this License regularly. You agree that your use of the Application after the publication of changed terms constitutes your agreement with the published changes.
Terms and Conditions
BY PRESSING ‘I AGREE’ CUSTOMER AGREES TO ENTER INTO THIS AGREEMENT. IF CUSTOMER DOES NOT AGREE TO THIS AGREEMENT, DO NOT PRESS ‘I AGREE’ AND CUSTOMER MAY NOT ACCESS OR USE THE SERVICE.
This Master Subscription Services Agreement is between UIB Holdings Pte Ltd., a Singapore entity trading as uib.ai (UIB), and the entity or individual agreeing to these terms (Customer).
1. WEB-BASED COLLABORATIVE TEAM INBOX SERVICE.
This agreement provides Customer access to a proprietary web-based software service for inbox based team collaboration, with the following main functionality:
Unified view of customers and the team’s inbox,
Creating and configuring accounts for sharing of email (IMAP format), social media accounts and other web connections/apps,
Consolidated communication, sorting and filtering of different message types,
Separation of internal vs. external communication by using comments and memos for internal communication,
Complete message history and tracking of what happened to which message when and by whom, and
Granular permission controls over sharing and collaboration.
UIB will provide this functionality through https://uib.ai within a hosted server environment under the terms below (Service). This agreement contemplates one or more orders for the Services, which orders are governed by the terms of this agreement. Customer understands that all messages in the deleted folder will be deleted after 30 days.
2. USE OF SERVICES
a). UIB Responsibilities. UIB must (i) use commercially reasonable efforts to make the Services available and (ii) provide customer support for the Services under the terms of UIB Customer Support Policy (CSP) which is located at https://uib.ai/legal, and is incorporated into this agreement for all purposes.
b). Customer Responsibilities. Customer (i) is solely responsible for Customer data and information and all activity in its account in the Service, adequate storage and security of their mail servers, and authorization for any third-party integrated services, (ii) must use commercially reasonable efforts to prevent unauthorized access to its account in the Service, and notify UIB promptly of any such unauthorized access, and (iii) may use the Services only in accordance with the Services FAQs and help sections on http://help.unifiedinbox.com/faqs and applicable law.
c). Employee and Contractor Access and Use. Customer may allow its employees and contractors to access the Services in compliance with the terms of this agreement, which access must be for the sole benefit of Customer. Customer is responsible for its employees and contractors compliance with this agreement.
d). Restrictions: Customer may not (i) sell, resell, rent or lease the Services, (ii) use the Services to store or transmit infringing, unsolicited marketing emails (in accordance with the acceptable use policy on https://uib.ai/legal) libelous, or otherwise unlawful or tortious material, or to store or transmit material in violation of copyright laws or any other third-party right, (iii) interfere with or disrupt the integrity or performance of the Services, or (iv) attempt to gain unauthorized access to the Services or their related systems or networks.
e). Third-Party Service Authentication. Customer is responsible for authenticating the Service with any third-party service with which the Service is designed to operate with, and any content, messages, files or other information from those services. UIB has no control over those services and any integration is provided AS IS. UIB provides this integration only as a convenience to Customers.
f). 30-Day Trial Period. If Customer has registered for a trial use of the Services, Customer may access the Services for a 30-day time period. The Service is provided AS IS, with no warranty during this time period. All Customer information will be deleted after the trial period unless Customer converts its account to the paid Service, (except for generic and unidentifiable information and data which can be retained and will be owned by UIB, and may be used by UIB for any business purpose).
g). Free Account. If Customer has registered for no charge use of the Services, Customer may access the Services until it is cancelled by UIB upon notice via email or other means. The Service is provided AS IS, with no warranty. Unless Customer converts its account to a paid account, all Customer information will be deleted after the no-charge period ends or if there is no activity under Customer’s account for 60 consecutive days (except for generic and unidentifiable information and data which can be retained and will be owned by UIB, and may be used by UIB for business any purpose).
i. Advertising. There may be advertising or marketing information, or sponsored links provided as part of any free account.
ii. No Multiple Free Accounts. Customer may only access the Service through a single free account.
h). Credit Card. Customer agrees to provide UIB with updated credit card for payment for the Services, and expressly authorizes UIB to charge Customer’s credit card account each month for an amount equal to Customer’s then current balance. If either:
(i) Customer’s credit card information changes,
(ii) Customer’s credit card expires, or
(iii) Customer is notified by UIB of an unsuccessful attempt to charge Customer’s credit card,
then Customer agrees to update its account with a valid credit card as soon as possible, but in no event later than 5 days. If the credit card number is revoked, disputed or not valid for any reason (including without limitation expiration of a credit card), UIB may suspend or terminate (or both) Customer’s use of the Services upon notice to Customer via email (using the then current account email address in the Service).
Customer is responsible for the payment of all sales, use, VAT and other similar taxes.
i). Notice of Pricing Changes. UIB may change its Service pricing upon at least 30 days notice via email or other means.
j). Fair Usage. If Customer’s bandwidth usage exceeds a certain threshold, then UIB reserves the right to immediately disable the account, throttle the data transfer, or both, until Customer’s bandwidth usage is reduced. UIB has no liability to Customer if it decreases Customer’s usage under its fair usage policy. More information on UIB’s fair usage policy is located at (which it may update from time to time): https://uib.ai/legal
3. WARRANTY DISCLAIMER.
a). Services Availability Warranty (does not apply to Trial or Free Versions). UIB warrants to Customer, (i) that commercially reasonable efforts will be made to maintain the online availability of the Services for a minimum of availability in any given month as provided in the chart below (excluding scheduled outages, force majeure, or outages that result from Customer technology issues), (ii) the functionality or features of the Services may change but will not materially decrease during a paid term, and (iii) that the CSP may change but will not materially degrade during any paid term.
< 98 – 93% =10% of monthly fee
< 92.99 – 88% =25% of monthly fee
< 88% =100% of monthly fee
Maximum amount of the credit/refund is 100% of service fees for that month.
b). Limited Remedy and Disclaimers. Customer’s exclusive remedy and UIB’S sole obligation for breach of the warranty in A(i) will be for UIB to provide a credit as provided in the chart above (if this agreement is not renewed, then a refund), for the month; provided that Customer notifies UIB of such breach within 30 days of the end of that month.
UIB DISCLAIMS ALL WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE AND FITNESS FOR A PARTICULAR PURPOSE. THE SERVICES MAY BE INTERRUPTED OR CONTAIN AN ERROR. UIB DOES NOT GUARANTY THAT THE SERVICE CANNOT BE HACKED.
USE OF SOME OF THE THIRD-PARTY SERVICES MAY BE SUSPENDED OR TERMINATED DURING THE TERM WITHOUT NOTICE. UIB HAS NO LIABILITY RELATED TO ANY SUCH SERVICE UNAVAILABILITY AND CUSTOMER IS NOT ENTITLED TO ANY REFUND ASSOCIATED WITH SUCH UNAVAILABILITY.
THE SERVICES IS NOT TARGETED AT OR INTENDED TO BE USED BY CHILDREN UNDER THE AGE OF 13.
4. MUTUAL CONFIDENTIALITY.
a). Definition of Confidential Information. Confidential Information means all confidential information disclosed by a party (Discloser) to the other party (Recipient), whether orally or in writing, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure (Confidential Information). UIB’s Confidential Information includes without limitation the Services, Licensed Software and Documentation (defined below), its parts and pricing.
b). Protection of Confidential Information. The Recipient must use the same degree of care that it uses to protect the confidentiality of its own confidential information (but in no event less than reasonable care) not to disclose or use any Confidential Information of the Disclosing Party for any purpose outside the scope of this agreement. The Recipient must make commercially reasonable efforts to limit access to Confidential Information of Discloser to those of its employees and contractors who need such access for purposes consistent with this agreement and who have signed confidentiality agreements with Recipient no less restrictive than the confidentiality terms of this agreement.
c). Exclusions. Confidential Information excludes information that: (i) is or becomes generally known to the public without breach of any obligation owed to Discloser, (ii) was known to the Recipient prior to its disclosure by the Discloser without breach of any obligation owed to the Discloser, (iii) is received from a third party without breach of any obligation owed to Discloser, or (iv) was independently developed by the Recipient without use or access to the Confidential Information.
d). Disclosure Required by Law. The Recipient may disclose Confidential Information to the extent required by law or court order, but will provide Discloser with advance notice to seek a protective order. UIB will only disclose the limited information required to be disclosed by law or the court order.
5. PROPRIETARY RIGHTS.
a). Reservation of Rights by UIB. The software, workflow processes, user interface, designs, know-how, Licensed Software and Documentation, and other technologies provided by UIB as part of the Services are the proprietary property of UIB and its licensors, and all right, title and interest in and to such items, including all associated intellectual property rights, remain only with UIB. UIB reserves all rights unless expressly granted in this agreement.
b). Customer Restrictions. Customer may not:
i. Use the Services or the Licensed Software and Documentation beyond its internal operations;
ii. Reverse engineer the Services or the Licensed Software and Documentation;
iii. Remove or modify any proprietary marking or restrictive legends in the Service or Licensed Software and Documentation; or
iv. Access the Service or use the Licensed Software and Documentation to build a competitive service or product, or copy any feature, function or graphic for competitive purposes.
c). Licensed Software and Documentation. All software provided by UIB for use with the Service, and the services documentation sample data, marketing materials, training material and other material provided through the Services or by UIB, are licensed (and not sold) to Customer as follows: UIB grants Customer a non-exclusive, license during the Term to such items for use solely with the Services, with the right to make additional copies as necessary for such duration and purpose (Licensed Software and Documentation).
6. EXCLUSION OF DAMAGES AND LIMITATION OF LIABILITY.
a). Exclusion of Certain Damages. UIB IS NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (INCLUDING, WITHOUT LIMITATION, DELAY OF EMAIL DELIVERY, UNDELIVERED EMAIL, LOSS OF DATA, MESSAGES OR INFORMATION, AND ANY FAILURE OF DELIVERY OF THE SERVICES).
b). Limitation of Liability. UIB’S liability for ALL damages ARISING FROM OR related TO This Agreement (WHETHER IN CONTRACT, TORT OR OTHERWISE) does not exceed the actual amount paid by CUSTOMER within the preceding 12 months UNDER THIS AGREEMENT.
7. TERM, TERMINATION, SUSPENSION OF SERVICE AND RETURN OF DATA.
a). Term. This agreement continues for the duration specified on the order and auto-renews for the duration as specified in the original order, unless cancelled by either party upon at least 30 days notice prior to the renewal date (Term).
b). Mutual Termination for Material Breach. If either party is in material breach of material term of this agreement, the other party may terminate this agreement at the end of a written 30-day notice/cure period, if the breach has not been cured. Upon any termination by UIB for material breach by Customer, Customer must pay any unpaid fees covering the remainder of the Term.
c). Upon Termination or Expiration. Upon termination or expiration of this agreement, Customer must destroy or return all Licensed Software and Documentation and all other property of UIB. Customer will confirm its compliance with this requirement in writing upon request of UIB.
d). Customer Data. As between Customer and UIB, Customer owns all the content and data provided through its account (Customer Data). Upon termination or expiration of this agreement, UIB will not store any Customer Data and may destroy such data (except for generic and unidentifiable information and data which can be retained and will be owned by UIB, and may be used by UIB for any business purpose). Additional information on UIB’s privacy practices is located at: https://www.uib.ai/legal
8. GOVERNING LAW AND FORUM.
This agreement is governed by the laws of New Zealand without regard to conflict of law principles. Any dispute arising out of or related to this agreement may only be brought in the courts of Auckland, New Zealand. Both parties consent to the personal jurisdiction of such courts and waive any claim that it is an inconvenient forum. Nothing in this agreement prevents either party from seeking injunctive relief in a court of competent jurisdiction. The prevailing party in any litigation is entitled to recover its attorneys’ fees and costs from the other party.
Customer hereby indemnifies, defends, and holds harmless UIB against all third-party claims or demands, and damages, costs, penalties, fines, and expenses (including reasonable attorneys’ fees and costs) sustained by UIB, arising out of or related to Customer’s use or access to the Service, excluding any claims based on the gross negligence or intentional misconduct of UIB.
10. MISCELLANEOUS OTHER TERMS.
a). Removal of Material under the U.S. Digital Millennium Copyright Act. If UIB receives a notice alleging that material or content Customer used or transmitted through the Service infringes another party’s copyright, UIB may remove that material in accordance with Title II of the Digital Millennium Copyright Act of 1998 (Section 512 of the U.S. Copyright Act) or other applicable law.
b). Money Damages Insufficient. Any breach by a party of this agreement or violation of the other party’s intellectual property rights could cause irreparable injury or harm to the other party. The other party may seek a court order to stop any breach or avoid any future breach.
c). Entire Agreement and Changes. This agreement and the order constitute the entire agreement between the parties, and supersede all prior or contemporaneous negotiations, agreements and representations, whether oral or written, related to this subject matter. No modification or waiver of any term of this agreement is effective unless both parties sign it.
d). No Assignment. Neither party may assign or transfer this agreement or an order to a third party, except that this agreement with all orders may be assigned as part of a merger, or sale of all or substantially all of the business or assets, of a party.
e). Government End Users. The Services and Licensed Software and Documentation provided to the U.S. Government are “Commercial Items”, as that term is defined at 48 C.F.R. 2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, within the meaning of 48 C.F.R. 12.212 or 48 C.F.R.227.7202, as applicable. Consistent with 48 C.F.R. 12.212 or 48 C.F.R. 227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users only as Commercial Items, and with only those rights as are granted to all other end users pursuant to this agreement, as provided in FAR 12.212, and DFARS 227.7202-1(a), 227.7202-3(a), 227.7202-4, as applicable.
f). Independent Contractors. The parties are independent contractors with respect to each other.
g). Enforceability. If any term of this agreement is invalid or unenforceable, the other terms remain in effect.
h). Export Control. Each party will comply with applicable export controls laws.
i). Survival of Terms. Any terms that by their nature survive termination or expiration of this agreement, will survive.
j). CISG Not Apply. The Convention on Contracts for the International Sale of Goods does not apply.
Ver. 1.2 – updated April 2014