Download as rtf, pdf, or txt
Download as rtf, pdf, or txt
You are on page 1of 7

Software License Agreement

Golden Frog, GmbH. / VyprVPN

Your click of the "I Accept" button is a confirmation of your acceptance of the terms and
conditions of this Software License Agreement (this "Agreement"). This Agreement is a legal
agreement between you (either an individual or a single entity) and Golden Frog, GmbH.
("COMPANY") for the software products accompanying this Agreement and any Updates,
upgrades, new versions, enhancements, features, editions or components for such software
products provided to you by COMPANY (collectively, the "Software") and any associated
media, manuals, printed materials and "online" or electronic or written documentation (the
"Documentation"), provided that the Third Party Software (defined below) provided along
with the Software is licensed to you under the terms of the third party license agreement(s)
contemplated by Section 2.2 below. If the user is not an individual, then "you" means your
company, its officers, members, employees, agents, representatives, successors and assigns.
BY INSTALLING, COPYING, DOWNLOADING, ACCESSING OR OTHERWISE USING THE
SOFTWARE OR ANY ASSOCIATED DOCUMENTATION, YOU ARE INDICATING THAT YOU
HAVE READ, AND AGREE TO BE BOUND BY, THE POLICIES, TERMS, AND CONDITIONS SET
FORTH BELOW IN THEIR ENTIRETY WITHOUT LIMITATION OR QUALIFICATION, AS WELL
AS BY ALL APPLICABLE LAWS AND REGULATIONS, AS IF YOU HAD HANDWRITTEN YOUR
NAME ON A CONTRACT. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, THE
BUTTON INDICATING NON- ACCEPTANCE MUST BE SELECTED AND YOU MUST NOT
PROCEED WITH INSTALLATION AND/OR USE THE SOFTWARE. If you have entered into a
separate written agreement with COMPANY governing your use of the Software, then any
conflicting terms in this Agreement are superseded by that agreement.

1. GRANT OF RIGHTS.
1.1 Grant of License. The Software and Documentation are protected by copyright
laws and international copyright treaties, as well as other intellectual property laws and
treaties. The Software is licensed as freeware by COMPANY, not sold, and you shall not
receive title to the Software or the Documentation or the media and any copies of the
Software and Documentation delivered to or made by you, or any intellectual property rights
therein. Subject to the terms and conditions of this Agreement, COMPANY hereby grants you
a personal, non-exclusive, non-sublicensable, non-transferable license to install and use the
object code version of the Software in a manner not inconsistent with the Documentation for
your own internal
business or personal use on individual computer workstations or mobile devices. You may
make one copy of the Software and one copy of the Documentation in electronic media solely
for archival or disaster recovery purposes, or you may transfer the Software and the
Documentation in an electronic media to a single hard disk as long as you keep the originals
solely for archival or disaster recovery purposes. Copyright laws prohibit the making of
additional copies of the Software and Documentation for any other reason. You agree to use
best efforts and take all reasonable steps to protect the Software and Documentation from
unauthorized use, illegal reproduction or illicit distribution.

1.2 Restrictions. The license granted herein is personal to you. The Software can be
used only in conjunction with accessing the services of the COMPANY or those of its affiliates,
and only for so long as you maintain an account with COMPANY or its affiliates, in good
standing, which authorizes your access to the Software. No right is granted to use the
Software to perform services for third parties. No additional or different rights are granted to
you, either expressly or by implication, and all rights not expressly granted hereunder are
reserved to COMPANY. Nothing in this Agreement constitutes a waiver of COMPANY's rights
under copyright laws or any other federal or state law or treaty. You may not copy,
distribute, reproduce, use or allow access to the Software or the Documentation except as
explicitly permitted under this Agreement. You are expressly prohibited from modifying,
adapting, translating, porting, preparing derivative works from, decompiling, reverse
engineering, disassembling or otherwise attempting to derive source code from the Software
or any internal data files generated by the Software or request or authorize any other person
or entity to do so for
any reasons whatsoever. In countries where a right to reverse engineer is provided by law
unless information is available about the Software in order to achieve interoperability,
functional compatibility or other objectives, you agree to submit a detailed written proposal to
COMPANY concerning your need for such information before engaging in reverse engineering
(or requesting or purporting to authorize any other person or entity to do so) and COMPANY
may, in its sole discretion, propose to you terms and conditions under which it is willing to
make such information available. You are expressly prohibited from removing, obscuring or
altering any copyright notice, trademarks or other proprietary rights notices affixed to or
contained within the
Software or the Documentation. You are expressly prohibited from selling, renting, leasing,
outsourcing, using in a service bureau environment or otherwise commercially exploiting the
Software and/or Documentation in any way. Furthermore, you may not: (i) attempt to gain
unauthorized access to any COMPANY service, account, computer system or network
associated with the Software; (ii) redistribute, encumber, sell, rent, lease, sublicense, or
otherwise transfer rights to the Software and the Documentation; (iii) use the Software or
Documentation in any manner that could damage, disable, overburden, or impair such
services or interfere with any other party's use and enjoyment of them; (iv) use the Software
or Documentation in any way that
violates this Agreement or any law; (v) automate your use of the Software, or (vi) authorize
or assist any third party to do any of the things described in this paragraph. You will not
disclose or publish any results of benchmark tests run on the Software to a third party
without COMPANY’s prior written consent. Notwithstanding anything to the contrary in this
Agreement, there will be no escrow of any source code of the Software and you shall not be
entitled to receive the source code for any reason. You may not combine or distribute the
Software or any derivative work thereof with Open Source Software (as defined below) or
with software developed using Open Source Software (e.g., tools) in a manner that subjects
COMPANY or its licensors or any portion of the Software provided by COMPANY or its
licensors hereunder or any derivative work thereof to any license obligations of such Open
Source Software. "Open Source Software" means any software licensed under terms requiring
that other software combined or distributed with such software: (i) be disclosed or distributed
in source code form; (ii) be licensed on terms inconsistent with the terms of this Agreement.
You agree not to electronically, optically or otherwise transmit, broadcast, transfer, or
disseminate any portion of the Software and/or the Documentation over any public or private
computer network (either local, wide area or otherwise), telephone network or other mode or
channel of communication except (a) where intrinsic to the normal operation of the Software,
such as online Help information, or (b) where provided in the Documentation, or (c) as
otherwise expressly authorized by COMPANY in writing.

2. OWNERSHIP.
2.1 Company Ownership. As between the parties, COMPANY and/or its licensors
own and shall retain all right, title, and interest in and to the Software and the
Documentation, including all copyrights, patents, trade secret rights, trademarks and other
intellectual property rights inherent therein or appurtenant thereto. Any modifications,
improvements, enhancements, alterations, customizations or derivative works of the Software
or Documentation, whether authorized or not, made by you or a third party shall be the sole
and exclusive property of COMPANY and you hereby assign all of your right, title and interest
therein to COMPANY.

2.2 Third Party Elements. You acknowledge that (i) the Software may contain other
software or components that are either owned by a third party or in the public domain, and
(ii) COMPANY has no proprietary interest in such software or components (collectively and
each, the “Third Party Software”), and as such, cannot grant you a license to use such Third
Party Software. A listing of such Third Party Software is made available to you in the
Documentation, the “Read Me” files for each component of Third Party Software, and is set
forth in the THIRDPARTYSOFTWAREREADME.pdf file located in the installation directory of
the Software, and is available upon written request from COMPANY. Your rights in the Third
Party Software are governed by and subject to the terms and conditions set forth in the
applicable third party licenses set forth in the Documentation, the “Read Me” files for each
component of Third Party Software, and in the THIRDPARTYSOFTWAREREADME.pdf file
located in the installation directory of the Software. By installing or using such Third Party
Software, you acknowledge and agree to fully comply with such terms and conditions. IN
ADDITION TO ANY DISCLAIMERS SET FORTH IN SUCH TERMS AND CONDITIONS, THE
DISCLAIMERS SET FORTH IN SECTION 4 BELOW AND THE LIMITATIONS OF LIABILITY SET
FORTH IN SECTION 6 BELOW SHALL APPLY TO COMPANY AND ITS LICENSORS WITH
RESPECT TO SUCH THIRD PARTY SOFTWARE. COMPANY IS NOT OBLIGATED TO PROVIDE
SUPPORT SERVICES FOR ANY SUCH THIRD PARTY SOFTWARE UNLESS EXPRESSLY AGREED
TO IN WRITING BY COMPANY UNDER A SEPARATE AGREEMENT. YOU FURTHER AGREE TO
INDEMNIFY, HOLD HARMLESS AND DEFEND COMPANY AND ITS LICENSORS FROM AND
AGAINST ANY CLAIMS OR LAWSUITS, INCLUDING ATTORNEYS’ FEES, THAT ARISE OR
RESULT FROM THE USE OR DISTRIBUTION OF SUCH THIRD PARTY SOFTWARE.

3. PRIVACY.
3.1 Golden Frog's Privacy Policy. The COMPANY's privacy policy is located at
https://www.goldenfrog.com/privacy and describes the COMPANY's information collection and
usage practices for customers using the Software.

3.2 Technical Information. The Software may be configured to automatically report


back information relating to performance statistics (network latencies, network throughputs,
etc.) for the COMPANY's and/or its affiliates' services accessed by the Software. Information
on your configuration of this Software may be included. This data may be sent to COMPANY
to help us diagnose performance issues with, and improve, the Software and the COMPANY's
services. The Software may also use this information in its normal operation in order to make
decisions on how to best deliver the COMPANY's and/or its affiliates services to you.

3.3 Automatic Updates. The COMPANY may deliver to your computer or mobile
device automated updates, modifications, and/or patches to address issues such as security,
interoperability, and performance (collectively "Updates"). Some Updates may change certain
functionality of the Software to, for example, improve security, add new functions, or improve
the operation of the Software. Your use of the Updates will be governed by this Agreement
unless you are asked to agree to new or additional terms and conditions at the time of
download or installation. However, nothing in this Agreement shall be construed to obligate
COMPANY to provide the Update, maintain or support any of the Software or Documentation
or provide any support services in conjunction with your use of the Software or
Documentation.

4. DISCLAIMER OF WARRANTIES.
COMPANY LICENSES THE SOFTWARE AND DOCUMENTATION TO YOU "AS
IS" AND "WITH ALL FAULTS" WITHOUT WARRANTY OF ANY KIND AND THE
ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND
EFFORT IS WITH YOU, THE END USER. COMPANY MAKES NO WARRANTY OF ANY
KIND WITH RESPECT TO THE SOFTWARE, THE THIRD PARTY SOFTWARE OR THE
DOCUMENTATION, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE
INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, COURSE
OF DEALINGS, USAGE OF TRADE, ACCURACY, QUIET ENJOYMENT, TITLE AND
NON-INFRINGEMENT, WHICH ARE HEREBY EXPRESSLY DISCLAIMED. SOME
STATES AND COUNTRIES DO NOT PERMIT THE EXCLUSION OF IMPLIED
WARRANTIES, AND YOU MAY HAVE OTHER RIGHTS, WHICH MAY VARY FROM
STATE TO STATE AND FROM COUNTRY TO COUNTRY. COMPANY DOES NOT
WARRANT THAT THE SOFTWARE WILL MEET ALL OF YOUR REQUIREMENTS OR
THAT THE USE OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE.
SHOULD THE SOFTWARE OR ANY OF ITS COMPONENTS PROVE DEFECTIVE OR
INADEQUATE IN ANY RESPECT, YOU (AND NOT COMPANY OR ITS AFFILIATES OR
REPRESENTATIVES) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING,
REPAIR, OR CORRECTION. FURTHER, COMPANY DOES NOT WARRANT,
GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF, OR
THE RESULTS OF THE USE OF THE SOFTWARE IN TERMS OF ITS ABILITY TO
DETER UNAUTHORIZED ACCESS TO OR TO PREVENT THEFT OF ANY DATA, ITS
COMPATIBILITY WITH HARDWARE OR OTHER SOFTWARE, ITS RELIABILITY,
CURRENTNESS, OR OTHERWISE; AND YOU RELY ON THE SOFTWARE AND ITS
PERFORMANCE SOLELY AT YOUR OWN RISK. The conditions of your use of the
Software, including but not limited to variables of operating system and application
configuration, are beyond COMPANY's control. You download and use the Software and
Documentation at your own discretion and risk and are solely responsible for your own use of
the Software and Documentation. You understand and agree that you are solely responsible
for any damages to your computer system or loss of data that results from the download or
use of the Software or Documentation. You must verify for yourself whether a specific use of
the Software or Documentation will leave you in breach of your obligations to third parties
and COMPANY shall not be liable for any claim or action arising out of such breach.

5. INDEMNIFICATION.
You agree to hold harmless, indemnify and defend COMPANY, its officers, directors and
employees, from and against any losses, damages, fines and expenses (including attorneys'
fees and costs) arising out of or relating to any claims that you have (i) used the Software in
violation of another party's rights or in violation of any law, or (ii) violated any terms of this
Agreement. If you are importing the Software from the United States, you shall indemnify and
hold COMPANY harmless from and against any import and export duties or other claims
arising from such importation.
6. LIMITATION OF LIABILITY.
YOU ACKNOWLEDGE THAT THE SOFTWARE AND DOCUMENTATION ARE
PROVIDED TO YOU FREE OF CHARGE. AS SUCH, THE COMPANY SHALL NOT BE
LIABLE FOR ANY DAMAGES WHATSOEVER, EITHER DIRECT OR INDIRECT,
INCLUDING WITHOUT LIMITATIONS DAMAGES FOR ANY LOST PROFITS, LOSS OF
DATA, LOSS OF USE, LOST OF BUSINESS, COST OF PROCUREMENT OF SUBSTITUTE
PRODUCTS OR SERVICES, OR OTHER INDIRECT, SPECIAL, INCIDENTAL OR
CONSEQUENTIAL DAMAGES HOWEVER CAUSED AND WHETHER BASED ON
CONTRACT, TORT, OR ANY OTHER LEGAL THEORY EVEN IF COMPANY OR
OTHERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR
CLAIM AND EVEN IF THE REMEDIES PROVIDED IN THIS AGREEMENT FAIL OF
THEIR ESSENTIAL PURPOSE. IN NO EVENT WILL COMPANY'S LIABILITY
HEREUNDER EXCEED $100. YOU ACKNOWLEDGE THAT THE PROVISIONS OF THIS
AGREEMENT REFLECT AN INFORMED, VOLUNTARY ALLOCATION BETWEEN
COMPANY AND YOU OF THE RISKS (BOTH KNOW AND UNKNOWN) ASSOCIATED
WITH THE USES CONTEMPLATED BY THIS AGREEMENT AND THAT THE
LIMITATIONS AND DISCLAIMERS RELATED TO WARRANTIES AND LIABILITY
CONTAINED IN THIS AGREEMENT ARE INTENDED TO LIMIT THE
CIRCUMSTANCES AND EXTENT OF LIABILITY. SOME COUNTRIES DO NOT ALLOW
THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR
INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

7. TERM AND TERMINATION.


7.1 Term. The term of this Agreement shall commence on the earlier of the date of
your installation of the Software or the date of your first use of the Software and shall
continue in force until terminated as provided herein.

7.2 Termination. This Agreement may be terminated at any time for any reason by
either party. This Agreement will terminate automatically if you fail to comply with any term
or condition of this Agreement or fail to maintain an account with COMPANY and/or its
affiliates, in good standing.

7.3 Effect of Termination. Upon the termination of this Agreement for any reason all
license rights granted hereunder shall terminate and all rights therein automatically revert in
their entirety back to COMPANY, you shall cease all use of the Software and Documentation
and you shall destroy all copies of the Software and Documentation in your possession or
control, and upon request to certify your return or destruction of the Software and
Documentation to COMPANY.

7.4 Survival. Section 2-6, Sections 7.3, 7.4, 7.5, and Sections 8 and 9 shall survive the
termination, for any reason, of this Agreement.

7.5 Remedies. You acknowledge and agree that your breach of this Agreement
would cause irreparable harm to COMPANY, the extent of which would be difficult to
ascertain. Accordingly, you agree that, in addition to any other remedies to which COMPANY
may be legally entitled, COMPANY, without the requirement to post a bond or other security
or proving specific damages, shall have the right to obtain immediate injunctive relief in the
event of a breach of this Agreement by you, without the necessity of posting bond or proving
actual damages.

8. CONFIDENTIALITY.
8.1 Definition. The term "Confidential Information" shall mean the Software and the
Documentation and any other information disclosed by COMPANY to you in connection with
this Agreement that relates to the Software or the Documentation.

8.2 Obligation. The Software and Documentation embody proprietary technology


and valuable trade secrets of COMPANY, which are vital to the business of COMPANY and
whose value depends upon them not being generally known. You agree to hold the
Confidential Information in confidence and take all necessary steps to ensure that access to
any portion of the Confidential Information is not provided to any person or entity other than
your bona fide employees who reasonably require such access to enable you to use the
Software and Documentation subject to this Agreement. You agree not use Confidential
Information except as expressly permitted under this Agreement, and you further agree not
to disclose Confidential Information to any third party without the COMPANY's prior written
consent. You shall take reasonable measures to prevent the disclosure and unauthorized use
of Confidential Information.

9. MISCELLANEOUS.
9.1 Assignment. You may not assign any of your rights or delegate any of your
obligations under this Agreement, whether by operation of law or otherwise, without the prior
express written consent of COMPANY. Any such assignment without the prior express written
consent of COMPANY shall be null and void. Subject to the foregoing, this Agreement will
bind and inure to the benefit of the parties, their respective successors and permitted assigns.

9.2 Governing Law and Venue. This Agreement shall be governed, construed,
interpreted, enforce and litigated by, and the relations between the parties shall be
determined in accordance with, the laws of the State of Texas, USA, excluding conflict of
laws and provisions, and the applicable Federal laws, regulations and international treaties of
the United States of America, but specifically excluding the United Nations Convention on
Contracts for the International Sale of Goods. This Agreement, which is in English, shall be
interpreted in accordance with the commonly understood meaning of the words and phrases
in the United States of America.

9.3 Dispute Resolution.


(a) If your principal residence or place of business is located in the United States of
America, you agree that any litigation or dispute related to this Agreement or the Software or
Documentation shall take place in the courts located in Travis County, Texas, and you hereby
consent to personal jurisdiction in the federal and state courts located in Travis County, Texas
for the resolution of any such litigation or disputes.

(b) If your principal residence or place of business is located in any country other
than the United States of America, you agree that any controversy or claim between
COMPANY and you arising out of or relating to this Agreement or any agreements or
instruments relating hereto or delivered in connection herewith, including, but not limited to,
a claim based on or arising from an alleged tort, will, at the request of any party, be
determined by arbitration under the Rules of Arbitration of the International Chamber of
Commerce (“ICC”), as follows:

(i) The arbitration will be administered by ICC International Court of


Arbitration pursuant to its Rules of Arbitration. At the beginning of the Arbitration, ICC
will be instructed by either or both parties to prepare a list of proposed arbitrators.
Within 10 days of receipt of the list, each party may strike one name from the list. The
ICC will then appoint one arbitrator from the name(s) remaining on the list. The
arbitration will be conducted in Houston, Texas, USA. The arbitrator will give effect to
statutes of limitation in determining any claim. Any controversy concerning whether an
issue is arbitrable will be determined by the arbitrator. The award rendered by the
arbitrator will set forth findings of the facts and conclusions of law. A failure by the
arbitrator to make findings of fact and conclusions of law will not be grounds for
overturning the award. The institution and maintenance of an action for judicial relief or
pursuit of a provisional or ancillary remedy will not constitute a waiver of the right of any
party, including the plaintiff, to submit the controversy or claim to arbitration if any other
party contests such action for judicial relief. The arbitrator’s award will be final and
binding on all parties, and neither party will have any right to contest or appeal the
arbitrator’s award. Judgment on the award may be entered in any court having
jurisdiction. This provision is self-executing, and in the event that either party fails
without good cause to appear at any properly noticed arbitration proceeding absent a
previously issued court order.

(ii) The party who demands arbitration will pay the arbitration filing fee, and
each of the parties will advance one-half (1/2) of the fees of the arbitrator. The arbitrator
may, in the award, allocate all or part of the costs of the arbitration, including the fees of the
arbitrator and the reasonable attorneys’ fees and costs of the prevailing party incurred in the
arbitration. In addition to the foregoing rights and obligations to arbitrate, and without
limitation to the powers and authority of the arbitrator appointed and as set forth in the ICC
Rules of Arbitration, either party may, without bond, apply ex parte for the entry of
emergency equitable relief in accordance with these provisions either before initiating
arbitration or during the course of arbitration, including but not limited to provisional
equitable relief in aid of arbitration from a court of appropriate jurisdiction. Once such
equitable relief has been granted, the parties shall jointly request a stay of the court case
pending completion of the arbitration pursuant to these provisions.
(iii) Notwithstanding any choice of law provision herein, all issues relating to
arbitration or the enforcement of the within agreement to arbitrate will be governed
exclusively by the ICC Rules of Arbitration. The parties will expressly agree not to be
bound by any local rules on arbitration, including those relating to the site of arbitration.
The Parties hereby appoint the Secretariat of the ICC International Court of Arbitration as
their agent for service of process and hereby waive any claim of lack of jurisdiction over such
Party or the award. All proceedings shall be undertaken in the English language.

9.4 Compliance: You will be responsible for compliance with all applicable laws,
rules regulations, order and ordinances of the United States of America and in any other
nation, province, or city with jurisdiction over you or your activities under this Agreement.
Without limitation to the foregoing, you agree to comply with all applicable export/import
control laws and with any regulations issued from time to time by the United States
Department of Commerce, or such other United States or international governmental entity
that may have jurisdiction over the exporting, importing, and re-exporting of the Software
and Documentation. You further agree that the Software and Documentation will not be
acquired, shipped, transferred or exported, directly or indirectly, into any country or person
prohibited by the United States Export Administration Act and the regulations thereunder, or
will be used for any purpose
prohibited thereby.

9.5 Severability. If any provision of this Agreement is held by a court of competent


jurisdiction to be contrary to law, such provision shall be changed and interpreted so as to
best accomplish the objectives of the original provision to the fullest extent allowed by law
and the remaining provisions of this Agreement shall remain in full force and effect.

9.6 Notices. You agree that all notices, demands or other correspondence from you
related to this Agreement shall be in writing and sent by electronic mail to
support@goldenfrog.com.

9.7 Waiver and Amendment. No modification, amendment or waiver of any


provision of this Agreement shall be effective unless in writing and signed by the COMPANY.
No failure or delay by either party in exercising any right, power, or remedy under this
Agreement, except as specifically provided herein, shall operate as a waiver of any such right,
power or remedy. Without limiting the foregoing, terms and conditions on any materials
submitted by you to COMPANY shall be of no force or effect.

9.8 International Users. This Agreement has been written in the English language.
You waive any rights that you may have under the laws of your country for this Agreement to
be written in the language of that country.

9.9 Government Users. If you are a branch or agency of the United States
Government or a contractor thereto, the following provision applies. The Software and
Documentation are comprised of “commercial computer software” and “commercial computer
software documentation” as such terms are used in 48 C.F.R. 12.212 (Sept. 1995) and are
provided to the Government (i) for acquisition by or on behalf of civilian agencies, consistent
with the policies set forth in 48 C.F.R. 12.212; or (ii) for acquisition on behalf of the
department of defense consistent with the policies set for the in 48 C.F.R. 227.7202-1 (Aug.
1995) and 227.7202-3 (Aug. 1995)

9.10 Complete Understanding. This Agreement constitutes the final, complete and
exclusive agreement between the parties with respect to the subject matter hereof, and
supersedes all previous written and oral agreements and communications related to the
subject matter of this Agreement. This Agreement may not be modified except pursuant a
writing signed by an authorized representative of COMPANY. The parties agree that the
terms and conditions of this Agreement shall prevail notwithstanding contrary or additional
terms in any purchase order, sales acknowledgment, confirmation or any other document
issued by either party. If any provision of this Agreement is held to be illegal, invalid, or
unenforceable then that provision shall be fully severable from this Agreement and shall not
affect the legality, validity or enforceability of the remaining provisions of this Agreement.
COMPANY reserves the right, in its sole discretion and at any time: (i) to modify or
discontinue the Software or Documentation; (ii) to limit, terminate or suspend your use of the
Software or Documentation; (iii) assess charges
for the use of the Software or Documentation in the future; or (iv) to make changes to this
Agreement by providing you with the terms to be added or modified and you shall have the
right to terminate this Agreement if you choose not to accept those terms, as modified,
pursuant to Section 9.7 hereof. Failure of COMPANY to enforce any of the terms or
conditions of this Agreement, unless waived in writing, shall not constitute a waiver of
COMPANY's right to enforce each and every term and condition of this Agreement.

You might also like