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\r\n\r\n \r\n \r\n \r\n \r\n \r\n\r\n \r\n YAZAMTECH LTD. TERMS OF SERVICE\r\n \r\n\r\n \r\n \r\n \r\n\r\n \r\n Effective as of December 1, 2021\r\n \r\n\r\n \r\n Please read this legally binding End User License Agreement (“License Agreement ”) between YazamTech Ltd. (“Yazamtech”) and Licensee carefully. By selecting the accept option, breaking the\r\n seal on the software package, or installing, downloading, copying or\r\n otherwise using the Products, Licensee acknowledges that Licensee has\r\n read, understands, and agrees to be bound by the terms and conditions\r\n of this License Agreement, including without limitation the terms and\r\n conditions of documents and policies that are incorporated herein by\r\n reference.\r\n \r\n\r\n \r\n If Licensee does not agree with the terms and conditions of this\r\n License Agreement, Licensee is not authorized to install or otherwise\r\n use the Products for any purpose whatsoever.\r\n \r\n\r\n \r\n Where a reseller, service provider, consultant, contractor or other\r\n party downloads, installs, manages or otherwise uses the Products on\r\n Licensee’s behalf, such party will be deemed to be Licensee’s agent\r\n and (i) such party will be deemed to have accepted all of the terms\r\n and conditions of this License Agreement, and (ii) to the extent\r\n permitted by applicable law, Licensee shall be solely responsible for\r\n the acts or omissions of such party in relation to its management or\r\n use of the Products on Licensee’s behalf.\r\n \r\n\r\n \r\n Yazamtech continues to own the copy of the Software and the physical\r\n media contained in the Product and any other copies that the End User\r\n is authorized to make pursuant to this Agreement.\r\n \r\n\r\n \r\n \r\n \r\n\r\n \r\n \r\n \r\n\r\n \r\n •DEFINITIONS\r\n \r\n\r\n \r\n “Affiliates” means, with respect to each party, entities that\r\n control, are controlled by, or are under common control with such\r\n party. For the purposes of this definition, “control” means the\r\n beneficial ownership of more than fifty percent (50%) of the voting\r\n power or equity in an entity.\r\n \r\n\r\n \r\n “Computer” means any device or computing environment that\r\n benefits from the Licensed Product (including without limitation,\r\n workstations, physical servers, virtual servers, personal computers,\r\n laptops, netbooks, tablets, smartphones, and environments connected to\r\n an email server, an internet proxy or a gateway device, or a\r\n database). The Licensed Product does not have to be physically\r\n installed on the computer environment to provide benefit, nor is there\r\n a requirement for the computing hardware to be owned by the Licensee.\r\n The term “Computer” as defined herein includes, without limitation,\r\n non-persistent deployments, electronic devices that are capable of\r\n retrieving data, and virtual machines.\r\n \r\n\r\n \r\n “Documentation” means the formal Product documentation\r\n (whether electronic or printed) published by Yazamtech for each Product.\r\n \r\n\r\n \r\n “Fee” means the fee payable for the Product and/or\r\n Maintenance subscription.\r\n \r\n\r\n \r\n “Hardware” means a hardware product, together with any\r\n related components provided by Yazamtech. \r\n \r\n\r\n \r\n “Licensed Products” means all or each (as the context so\r\n allows) of those software program(s) accompanying or provided for use\r\n under the terms of this License Agreement, listed on the Order and/or\r\n that are installed on the Hardware provided to Licensee and/or\r\n installed on Licensee’s Computer in support for the Hardware, together\r\n with the Documentation and any of the Upgrades and Updates to those\r\n programs, but excluding any third party software as described in\r\n Section 9.\r\n \r\n\r\n \r\n “Licensee” means the person or entity that has been\r\n granted license rights under this License Agreement, and\r\n “Licensee’s” means belonging to, pertaining to or engaged by\r\n Licensee, whether on a temporary basis or otherwise.\r\n \r\n\r\n \r\n “Maintenance” means collectively Upgrades and/or Updates\r\n (where applicable to the Product) and standard technical support as\r\n further described in Section 4.\r\n \r\n\r\n \r\n “Order” means the order confirmation or license\r\n certificate issued by Yazamtech\r\n that details the Product(s) licensed by Licensee and corresponding\r\n Product Term, License Entitlement and license credentials, and which\r\n forms part of this License Agreement.\r\n \r\n\r\n \r\n “Outsourced Provider” means a third party to whom\r\n Licensee or Licensee’s Affiliates have outsourced their information\r\n technology functions.\r\n \r\n\r\n \r\n “Partner” means a reseller, distributor or other\r\n independent third party from which Licensee validly obtains Yazamtech Products.\r\n \r\n\r\n \r\n “Product” means the Licensed Product, media, Hardware\r\n and/or Software, as applicable.\r\n \r\n\r\n \r\n “Sanctions and Export Control Laws” means any law,\r\n regulation, statute, prohibition, or similar measure applicable to the\r\n Products and/or to either party relating to the adoption, application,\r\n implementation and enforcement of economic sanctions, export controls,\r\n trade embargoes or any other restrictive measures, including, but not\r\n limited to, those administered and enforced by the European Union, the\r\n United Kingdom, the United States, or any other jurisdiction, each of\r\n which shall be considered applicable to the Products.\r\n \r\n\r\n \r\n “Server” means a Computer upon which the Licensed Product\r\n is installed and from which other Computers receive or retrieve data.\r\n If the data is solely generated by the Licensed Product, then the\r\n Computer is not considered a Server.\r\n \r\n\r\n \r\n “Taxes” means all transaction taxes, including foreign\r\n withholding taxes, and local, state, provincial, federal or foreign\r\n taxes, levies, duties or similar governmental assessments of any\r\n nature, including value-added taxes, excise, use, goods and services\r\n taxes, consumption taxes.\r\n \r\n\r\n \r\n “Update” means an update to the library of rules and/or\r\n identities and/or other updates to the detection data or software\r\n (excluding Upgrades) made available to Licensee by Yazamtech\r\n at its sole discretion from time to time automatically or otherwise,\r\n but excluding any updates marketed and licensed by Yazamtech for a separate Fee.\r\n \r\n\r\n \r\n “Upgrade” means any enhancement or improvement to the\r\n functionality of the Product, Product version or Product feature made\r\n available to Licensee by Yazamtech\r\n at its sole discretion from time to time automatically or otherwise,\r\n but excluding any software and/or upgrades marketed and licensed by Yazamtech for a separate Fee.\r\n \r\n\r\n \r\n “User” means an employee, consultant or other individual\r\n who benefits from the Product licensed to Licensee.\r\n \r\n\r\n \r\n \r\n \r\n\r\n \r\n \r\n •INTELLECTUAL PROPERTY RIGHTS AND OWNERSHIP \r\n \r\n\r\n \r\n The Products, including without limitation all know-how, concepts,\r\n logic and specifications, are proprietary to Yazamtech\r\n and its licensors and are protected throughout the world by copyright\r\n and other intellectual property rights. Licensee hereby agrees not to\r\n remove any product identification or notices of proprietary\r\n restrictions. Further, Licensee hereby acknowledges and agrees that\r\n the right, title and interest in the Products and in any modifications\r\n made by Licensee to the Products, as provided for below in this\r\n License Agreement, are the property of, and are retained by, Yazamtech\r\n and its licensors. No license, right or interest in Yazamtech\r\n logos or trademarks is granted to Licensee under this License\r\n Agreement. Licensed Products are licensed, not sold or\r\n given. Except as expressly stated in this License Agreement, no\r\n license or right is granted directly or by implication, inducement,\r\n estoppel, or otherwise. Licensee undertakes not to violate or infringe\r\n the Intellectual Property rights or the privacy or publicity rights of\r\n any natural person or entity nor use Services in a way intended to\r\n hinder the mission of the cybersecurity vendor industry to protect\r\n customers from Malware infection.\r\n \r\n \r\n\r\n \r\n \r\n \r\n\r\n \r\n •RIGHTS AND RESTRICTIONS\r\n \r\n\r\n \r\n •Term\r\n \r\n\r\n \r\n \r\n •This License Agreement is effective from the moment of acceptance as\r\n described in the first paragraph of this License Agreement and shall\r\n remain in force until the earlier of (i) expiry of the Product Term of\r\n all items licensed hereunder, or (ii) termination of this License\r\n Agreement in accordance with the terms and conditions herein.\r\n \r\n\r\n \r\n \r\n •Unless this License Agreement is terminated earlier, (i) the Product\r\n Term for fixed term subscription-based Licensed Products, Maintenance\r\n packages and support packages shall commence on the start date and end\r\n on the expiry date noted on the Order, and (ii) the Product Term for\r\n Products that are billed on an auto-renewing basis shall commence on\r\n the date of purchase and continue for the duration of the authorized\r\n payments (subject to any minimum subscription term that may be noted\r\n on the Order) (each the “Product Term”).\r\n \r\n\r\n \r\n \r\n •In consideration of the payment of the Fee by Licensee and receipt of\r\n the corresponding payment by Yazamtech, hereby grants to Licensee a non-exclusive, non-sublicensable, and\r\n non-transferable (except as otherwise provided in this License\r\n Agreement) right to use the Products for their respective Product Term\r\n subject to the terms and conditions contained within this License\r\n Agreement.\r\n \r\n\r\n \r\n \r\n •License Entitlement and Usage. The Products are licensed by User,\r\n Computer, Server or other applicable units. The Order specifies the\r\n number of applicable units that the Licensee has licensed for each\r\n Product (the “License Entitlement”). The Licensee’s actual\r\n usage and/or installations, including without limitation any usage or\r\n installations for failover purposes, may not exceed the License\r\n Entitlement at any time or under any circumstances. If Licensee wishes\r\n to increase its actual usage, Licensee must first purchase the\r\n corresponding additional License Entitlement.\r\n \r\n\r\n \r\n •Rights. Licensee is permitted to:\r\n \r\n\r\n \r\n \r\n •Use the Products solely for Licensee’s and its Affiliates’ own\r\n internal information security purposes;\r\n \r\n\r\n \r\n \r\n •Make a reasonable number of copies of the Licensed Products or any\r\n part thereof for backup or recovery purposes provided that Licensee\r\n reproduces Yazamtech ’s proprietary notices on any such backup copy of\r\n the Licensed Products. Such restriction shall not prevent Licensee\r\n from backing up or archiving Licensee’s data.\r\n \r\n\r\n \r\n \r\n •Restrictions. Licensee is not permitted to:\r\n \r\n\r\n \r\n \r\n •Modify or translate the Products (i) except as necessary to configure\r\n the Licensed Products using the menus, filters, options and tools\r\n provided for such purposes and contained in the Product, and (ii) in\r\n relation to the Documentation, except as necessary to produce and\r\n adapt manuals and/or other documentation for Licensee’s internal\r\n business purposes;\r\n \r\n\r\n \r\n \r\n •Reverse engineer, disassemble (including without limitation, removing\r\n the covering plates that bar access to the Hardware ports and/or\r\n accessing internal components of the Hardware) or decompile the\r\n Products or any portion thereof or otherwise attempt to derive or\r\n determine the source code or the logic therein, or create derivative\r\n works based on the Products, or authorize any third party to do any of\r\n the foregoing, except to the extent that such restriction is\r\n prohibited by applicable law;\r\n \r\n\r\n \r\n \r\n •Except to the extent expressly stated otherwise in this License\r\n Agreement, use Products for which Licensee has not paid and Yazamtech\r\n has not received the applicable Fees;\r\n \r\n\r\n \r\n \r\n •Sub-license, rent, sell, lease, distribute, transfer, transmit,\r\n embed, provide access to, or otherwise use the Products for the\r\n benefit of third parties as part of a service bureau or\r\n managed-service arrangement, cloud services offering, bundled product\r\n or otherwise, except as expressly provided under this License\r\n Agreement and/or unless Licensee enters into a separate agreement with\r\n Yazamtech for such purposes;\r\n \r\n\r\n \r\n \r\n •Use the Products other than in the course of business and for\r\n Licensee’s own internal information security purposes unless and to\r\n the extent that such Products have been expressly licensed for\r\n employee personal use according to Section 14.3;\r\n \r\n\r\n \r\n \r\n •Transfer Licensed Products to any third party without the prior\r\n written consent of Yazamtech; and/or\r\n \r\n\r\n \r\n \r\n •Use the Products in or in association with safety critical\r\n applications where the failure of the Products to perform can\r\n reasonably be expected to result in a physical injury, or in loss of\r\n property, or loss of life. Any such use is entirely at Licensee’s own\r\n risk, and Licensee agrees to hold Yazamtech harmless from and hereby\r\n releases Yazamtech from all claims or losses relating to such\r\n unauthorized use.\r\n \r\n\r\n \r\n \r\n •ITAR International Traffic in Arms Regulations (“ITAR”) controls\r\n the dissemination of technical data related to weapons, weapon\r\n systems, and other defense articles contained on the U.S. Munitions\r\n List. Licensee agrees not to use or allow a third party under its\r\n control to submit content that is subject to ITAR maintained by the\r\n U.S. Department of State (i.e. ITAR-controlled technical data), or\r\n otherwise cause Yazamtech to provide a Defense Service as defined in\r\n ITAR.\r\n \r\n\r\n \r\n \r\n •Permitted Third Party Usage. Licensee may permit its Affiliates and\r\n Outsourced Providers to use the Products provided that: (i) Licensee\r\n shall provide prior written notice to Yazamtech, (ii) the Affiliates and Outsourced Providers shall only use and/or\r\n operate the Products, in accordance with the license rights granted\r\n herein, on behalf of Licensee and its Affiliates, (iii) the actual\r\n usage of the Products by Licensee, Licensee’s Affiliates and\r\n Outsourced Providers in aggregate shall not exceed the License\r\n Entitlement purchased by the Licensee, (iv) Licensee shall ensure that\r\n its Affiliates and the Outsourced Providers are aware of and comply\r\n with the terms and conditions of this License Agreement; and, (v)\r\n Licensee shall be responsible for, and hold Yazamtech\r\n harmless from, the acts and omissions of its Affiliates and Outsourced\r\n Providers relating to use of the Products.\r\n \r\n\r\n \r\n \r\n •Licensee acknowledges and agrees that it has not based its purchasing\r\n decision on the future availability of any new products and/or\r\n additional features, components or versions of the Products, nor on\r\n any oral or written comments made by Yazamtech regarding future functionality or features.\r\n \r\n\r\n \r\n \r\n •Licensee is solely responsible for its compliance with the applicable\r\n terms and conditions of any third-party agreements, including without\r\n limitation payment of any third-party fees, for hardware, software,\r\n connectivity and any other third-party products and services.\r\n \r\n\r\n \r\n \r\n •Licensee should not conduct any activity purposed to overload, harm\r\n or imped the function the services or the Product. Nor shall resell,\r\n redistribute, rent, sell, or do unauthorized modify, reroute or\r\n attempt to carry out these activities.\r\n \r\n \r\n\r\n \r\n \r\n \r\n\r\n \r\n •MAINTENANCE AND SUPPORT\r\n \r\n\r\n \r\n \r\n \r\n\r\n \r\n \r\n •Unless otherwise stated in the Order, Maintenance is included for the\r\n duration of the Product Term.\r\n \r\n\r\n \r\n \r\n •Maintenance includes standard/base level remote technical support\r\n provided from [ ] AM to [ ] PM ([ ]) Israel Standard Time,\r\n Sunday through Thursday, excluding holidays. Upon Yazamtech’s receipt of a support request, Yazamtech will use\r\n commercially reasonable efforts to answer questions and provide\r\n standard error corrections to known problems. Unless otherwise authorized by Yazamtech\r\n in writing, technical support is provided for the latest version of\r\n the relevant Product. Yazamtech\r\n may, but is not obliged to, continue supporting old or discontinued\r\n Product versions.\r\n \r\n\r\n \r\n \r\n •Support does not include training sessions on the features and\r\n functionality of the Products or training in computer skills\r\n considered prerequisite to an individual’s ability to use personal\r\n computers, the Internet/World Wide Web and online software.\r\n \r\n\r\n \r\n •Yazamtech\r\n reserves the right in its discretion to limit the number of Users who\r\n may contact Yazamtech technical support.\r\n \r\n\r\n \r\n \r\n •Yazamtech retains the right to block, or otherwise prevent delivery,\r\n of any file, email, or other communication to or from the\r\n Services.\r\n \r\n\r\n \r\n \r\n •Custom or sample code, files or scripts (“Fixes”) provided by Yazamtech\r\n as part of the provision of technical support that do not form part of\r\n its standard commercial offering may only be used (i) in conjunction\r\n with the Product for which such Fixes were developed, and (ii) during\r\n the relevant Product Term.\r\n \r\n\r\n \r\n \r\n \r\n\r\n \r\n \r\n •WARRANTIES FOR LICENSED PRODUCTS; INDEMNITY \r\n \r\n\r\n \r\n \r\n \r\n\r\n \r\n •Yazamtech\r\n warrants to Licensee only that for a period of ninety (90) days from\r\n the date of purchase (the "Licensed Products Warranty Period "): (i) the Licensed Products will perform substantially in\r\n accordance with the Documentation provided that they are operated in\r\n accordance with the Documentation on the designated operating\r\n system(s); and (ii) the Documentation will adequately describe the\r\n operation of the Licensed Products in all material respects.\r\n \r\n\r\n \r\n •If Licensee notifies Yazamtech\r\n in writing of a breach of warranty under Section 5.1 during the\r\n Licensed Products Warranty Period, Yazamtech ’s entire liability and Licensee’s sole remedy shall be at Yazamtech’s option: (i) to correct, repair or replace the Licensed Product\r\n (limited to one replacement) and/or Documentation within a reasonable\r\n time, or (ii) to terminate the License Agreement as to the affected\r\n Licensed Product, and the corresponding License Entitlement, and\r\n authorize a pro rata refund of the Fee following return of\r\n the relevant Licensed Product (and all copies thereof)\r\n accompanied by proof of purchase. Any replacement Licensed Products\r\n shall be warranted for the remainder of the original Licensed Products\r\n Warranty Period.\r\n \r\n\r\n \r\n \r\n •The warranty in Section 5.1 shall not apply if (i) the\r\n Licensed Product has not been used in accordance with the terms and\r\n conditions of this License Agreement and the Documentation, (ii) the\r\n issue has been caused by failure of the Licensee to apply Updates,\r\n Upgrades or any other action or instruction recommended by Yazamtech, (iii) the issue has been caused by the act or omission of, or by\r\n any materials supplied by, the Licensee or any third party, or (iv)\r\n the issue results from any cause outside of Yazamtech’s reasonable control.\r\n \r\n\r\n \r\n \r\n •Subject to Sections 5.5 through 5.7, Yazamtech \r\n shall (a) defend, indemnify, and hold Licensee harmless from any third\r\n party claim, action, suit or proceeding alleging that Licensee’s use\r\n or possession of the Product in accordance with the terms and\r\n conditions of this License Agreement infringes such third party’s\r\n patent, trademark or copyright (“Claim”); and (b) reimburse\r\n Licensee’s reasonable attorney’s fees and costs actually incurred and\r\n any damages finally awarded or agreed to by Yazamtech in a monetary settlement. Yazamtech \r\n shall have sole control of the defense of the Claim and all associated\r\n settlement negotiations. Yazamtech\r\n may require Licensee to join and co-operate with the defense and/or\r\n settlement of the Claim at Yazamtech’s cost.\r\n \r\n\r\n \r\n \r\n •If a Claim is made or appears likely to be made, Yazamtech, in its sole discretion, may: (i) procure a license so that\r\n Licensee’s use and possession of the Licensed Product in accordance\r\n with the terms and conditions of this License Agreement does not\r\n infringe any third party patents, trademarks or copyrights; (ii)\r\n modify or replace the Product with a functionally equivalent Product\r\n so that it no longer infringes the third party’s patents, trademarks\r\n or copyrights; or (iii) terminate the license to use the Product upon\r\n notice to Licensee and provide a pro rata refund of Fees paid for such\r\n Product that relates to the period after the date of termination in\r\n the case of subscription term Products.\r\n \r\n\r\n \r\n •Exclusions. Yazamtech\r\n shall have no liability or responsibility to indemnify, defend, and\r\n hold Licensee harmless under Section 5.4 if: (i) Licensee fails to notify Yazamtech \r\n in writing within ten (10) days of Licensee being notified of any such\r\n Claim, (ii) Licensee does not, at the written request of Yazamtech, promptly cease to use or possess the Product that is the subject of\r\n the Claim, (iii) Licensee, without Yazamtech \r\n prior written consent, acknowledges the validity of the Claim or takes\r\n any action that might impair the ability of Yazamtech to contest the Claim, (iv) the infringement arises due to\r\n modification of the Product by anyone other than Yazamtech, use of the Product other than in accordance with the Documentation,\r\n or use of the Product with any hardware, software or other component\r\n not provided by Yazamtech, and the infringement would not have arisen without such use or\r\n modification, or (v) the Claim is raised based on use or possession in\r\n a country that is not a party to the World Intellectual Property\r\n Organization (WIPO) treaties on patents, trademarks and\r\n copyrights.\r\n \r\n\r\n \r\n \r\n •Sections 5.4, 5.5 and 5.6 set out licensee’s sole and\r\n exclusive remedy and Yazamtech’s sole obligation and liability in the event that the products\r\n infringe or are alleged to infringe the patents, trademarks,\r\n copyrights or other intellectual property rights of any third party.\r\n licensee will in any event mitigate licensee’s losses as far as\r\n possible.\r\n \r\n\r\n \r\n \r\n \r\n\r\n \r\n •DISCLAIMER OF WARRANTIES\r\n \r\n\r\n \r\n \r\n \r\n\r\n \r\n \r\n •Except for the express warranties set forth in sections 5, Yazamtech\r\n and its third-party licensors and suppliers and the contributors of\r\n certain included software make no warranties, conditions, undertakings\r\n or representations of any kind, either express or implied, statutory\r\n or otherwise, in relation to the product or any third-party software,\r\n including without limitation any implied warranties or conditions of\r\n merchantability, satisfactory quality, uninterrupted use, fitness for\r\n a particular purpose, non-infringement or arising from course of\r\n dealing, usage or trade.\r\n \r\n\r\n \r\n •Without limitation to the foregoing, Yazamtech\r\n does not warrant or represent that (i) the product will meet\r\n licensee’s requirements, (ii) the operation of the product will be\r\n error free or uninterrupted, (iii) defects in the product will be\r\n corrected, (iv) the products will detect, correctly identify and/or\r\n disinfect all threats, applications (whether malicious or otherwise)\r\n or other components, (v) licensee is entitled to block any third party\r\n applications, or (vi) that licensee is entitled to encrypt or decrypt\r\n any third party information.\r\n \r\n\r\n \r\n \r\n •Licensee further acknowledges and agrees that licensee shall be\r\n solely responsible for proper back-up of all its data and that\r\n licensee shall take appropriate measures to protect such data. Yazamtech\r\n and its third-party licensors assume no liability or responsibility\r\n whatsoever if data is lost or corrupted.\r\n \r\n\r\n \r\n \r\n \r\n\r\n \r\n •LIMITATION OF LIABILITY\r\n \r\n\r\n \r\n \r\n \r\n\r\n \r\n \r\n •Licensee uses the product at licensee’s own risk. to the maximum\r\n extent permitted by applicable law, in no event shall Yazamtech\r\n or any of its third-party licensors and suppliers or the contributors\r\n of included software be liable to licensee for, or to those claiming\r\n through licensee for, any indirect, consequential, incidental or\r\n special damage or loss of any kind including, but not limited to, loss\r\n of profits, loss of contracts, business interruptions, cost of\r\n substitute goods or services, loss of or corruption of data however\r\n caused and whether arising under contract or tort (including without\r\n limitation negligence), and including without limitation any loss or\r\n damage related to any third party software even if Yazamtech\r\n has been advised of the possibility of such damages. the limitations\r\n in this section shall apply notwithstanding the failure of the\r\n essential purpose of any remedy.\r\n \r\n\r\n \r\n \r\n •If any limitation, exclusion, disclaimer or other provision contained\r\n in this license agreement is held to be invalid for any reason by a\r\n court of competent jurisdiction and Yazamtech\r\n becomes liable thereby for loss or damage that may lawfully be\r\n limited, such liability whether in contract, tort (including without\r\n limitation negligence) or otherwise, will not exceed the lesser of (i)\r\n the fee paid by licensee and (ii) Yazamtech's list price for the product.\r\n \r\n\r\n \r\n •In no event shall Yazamtech’s aggregate liability to licensee arising out of or in connection\r\n with this license agreement, from all causes of action and theories of\r\n liability (including without limitation negligence), exceed the lesser\r\n of (i) the fee paid by licensee and (ii) Yazamtech’s list price for the product.\r\n \r\n\r\n \r\n •Yazamtech\r\n does not limit or exclude its liability for (i) death or personal\r\n injury caused by negligence, (ii) fraudulent misrepresentation, or\r\n (iii) any other liability to the extent that such liability cannot be\r\n excluded or limited by applicable law.\r\n \r\n\r\n \r\n \r\n \r\n\r\n \r\n •PRODUCT CHANGES\r\n \r\n\r\n \r\n \r\n \r\n\r\n \r\n •Subject to Sections 4 and 10, and in Yazamtech’s sole discretion, Licensee may receive software Updates, and may be\r\n required to install or allow installation of software Updates as a\r\n condition of continued use of Licensed Products. Licensee acknowledges\r\n and agrees that Yazamtech\r\n may vary, Update or discontinue Products, Product versions, Product\r\n features, Product support, Product Maintenance, and support for third\r\n party products (including without limitation operating systems and\r\n platforms) from time to time for reasons including but not limited to\r\n changes in demand or enhancing security and technology. Licensee\r\n consents to receive Updates or Upgrades to the Licensed Products\r\n automatically through the Internet without obtaining further consent\r\n each time. Yazamtech\r\n is not responsible if an Update or Upgrade affects how a Licensed\r\n Product works if this is caused by Licensee’s own equipment or device\r\n not supporting the Update or Upgrade.\r\n \r\n\r\n \r\n •Yazamtech\r\n will provide a reasonable amount of advance notice of any planned\r\n Product discontinuation of a core Product feature, Licensee’s license\r\n to a Product, Product Maintenance, Product support, or support for\r\n third party products (a “Discontinuation”) to Licensee,\r\n including without limitation by emailing the date(s) of each planned\r\n Discontinuation.\r\n \r\n\r\n \r\n \r\n •Yazamtech may make unscheduled deployments of changes, releases,\r\n improvements, or enhancements to the Cloud Services any time. During\r\n such deployments, Licensee acknowledge certain features and\r\n functionality of the Cloud Services may be unavailable and outages may\r\n occur.
\r\n End User License Agreement\r\n
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