The Agreement includes the following Sections: 11.5.2. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, THIS SECTION (11.5), SETS FORTH THE ENTIRE LIABILITY AND OBLIGATION OF O'NEIL TO LICENSEE, AND IS LICENSEE'S SOLE AND EXCLUSIVE REMEDY, FOR ANY CLAIM OF INFRINGEMENT OF PATENT, COPYRIGHT, TRADEMARK, TRADE SECRET OR OTHER INTELLECTUAL PROPERTY RIGHTS BY A THIRD PARTY BASED ON THE SERVICES PROVIDED THEREUNDER. 4. Authorization and License to Use the Services 10.2. Applications and Content. Licensee represents and warrants that: (i) it is solely responsible for the development, operation, and maintenance of its Application and for Licensee Content and User Content, including, without limitation, the accuracy online iq test, security, storage, back-up, appropriateness and completeness of Licensee Content, User Content and all product-related materials and descriptions; (ii) it has the necessary rights and licenses, consents, permissions, waivers and releases to use and display its Application and the Licensee Content and User Content; (iii) neither its Application nor the Licensee Content (a) violates, misappropriates or infringes any Intellectual Property Rights of O'Neil or any third party, (b) constitutes defamation, invasion of privacy or publicity, or otherwise violates any rights of any third party, or (c) is designed for use in any illegal activity or promotes illegal activities, including, without limitation, in a manner that might be libelous or defamatory or otherwise malicious, illegal or harmful to any person or entity, or discriminatory based on race, sex, religion, nationality, disability, sexual orientation, or age; and (iii) that Licensee will conduct its business in a professional manner and in a way that reflects favorably on the goodwill and reputation of O'Neil. 11.5.1. If the Services, or any portion thereof, is endangered or disrupted due to infringement, misappropriation or violation claims made by third parties, O'Neil shall have the right, but not the obligation, at its sole and absolute discretion to: (i) modify or replace all, or the infringing, violating or misappropriated part video poker for windows 8, of the Service so that they are no longer infringing, violating or misappropriating, provided that the Service is functionally equivalent in all material respects to the Service in effect; or (ii) procure the right to continue using the infringing, violating or misappropriated part of the Service; or if in O'Neil's sole discretion O'Neil cannot reasonably do any of the actions provided for in clauses (i) or (ii) above, refund to Licensee the fees for the current period and terminate this Agreement. 3. Term, Termination and Suspension PLEASE READ CAREFULLY – THIS IS A BINDING AGREEMENT 12.3. Language. All communications and notices to be made or given pursuant to this Agreement shall be in the English language. 9. Intellectual Property Rights 10.1. Use of the Services. You represent and warrant that you will not use the Services, O'Neil Properties and your Application and Your Content: (i) in a manner that infringes, violates or misappropriates any rights of us or any third party; (ii) in any manner that constitutes or facilitates the illegal export of any controlled or otherwise restricted items, including, without limitation, software, algorithms or other data that is subject to export laws; and/or (iii) in a way that is otherwise illegal or promotes illegal activities, including, without limitation, in a manner that might be libelous or defamatory or otherwise malicious or harmful to any person or entity, or discriminatory based on race, sex, religion, nationality, disability, sexual orientation, or age. 13.5. Equitable Relief. Each Party acknowledges that a breach of Sections 4.2, 8. and 9.4 cannot reasonably or adequately be compensated in damages in an action at law and that such a breach shall cause the other Party irreparable injury and damage. By reason thereof, each Party agrees that the other Party shall be entitled, in addition to any other remedies it may have under this Agreement or otherwise and in addition to its right to escalate within management of the Parties and mediation as provided herein, to seek preliminary and permanent injunctive and other equitable relief to prevent or curtail any breach of the obligations relating to or to enforce the performance under Sections 4.2. 8. and 9.4 by the other Party. 3.1. Term. The term of this Agreement ("Term") will commence play roulette no download, and you may begin using the Services, once you agree to the terms and conditions of this Agreement by clicking the "Accept" button below and complete the registration process for your O'Neil Web Services account. The Agreement will remain in effect until terminated by you or us in accordance with Section 3. The services covered by this Agreement are web services that O'Neil makes available to facilitate and assist with the management of assets/records by end users, third party software providers, and or commercial record centers. Services are provided under specific brand name as detailed below: 3.3. Termination by O'Neil Other Than for Cause. 13.9. Waiver; Severability. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provisions, whether or not similar, nor shall any waiver constitute a continuing waiver. Whenever possible, each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable Law. If any provision of this Agreement is held to be prohibited by or invalid under applicable Law, such provision shall be ineffective only to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Agreement, and the applicable court of competent jurisdiction shall be authorized to reform any such provision to effectuate the intent of the Parties. 5.1. O'Neil Properties. We may make available to you, for your installation, copying and/or use in connection with the Services, from time to time, a variety of software, sample code, and other printed and electronic documentation. Subject to your acceptance of this Agreement, ongoing compliance with its terms and conditions with respect to the subject Service, and payment if and as required for your right to use the subject Service, we hereby grant to you online casino deutschland zinsen, without the right to sublicense, a limited, non-exclusive, non-transferable license during the Term, under our intellectual property and proprietary rights in the O'Neil Properties, only to install, copy and use the O'Neil Properties solely in connection with and as necessary for your use of such Services and solely to the extent in compliance with all the terms and conditions of this Agreement. 13.1. Assignment. This Agreement and all the terms and provisions herein shall be binding upon and inure to the benefit of the Parties to this Agreement and to their respective heirs, successors, assigns and legal representatives, except that the Licensee shall not assign or otherwise transfer this Agreement (whether voluntarily deutsche casino xanthi, involuntarily, by operation of law or otherwise) to any person or entity without the prior written consent of O'Neil american 8th air force, and in no event shall said assignment result in a broadening of the scope of this Agreement, nor shall it inure additional economic benefits to said assignee. Notwithstanding the foregoing, Licensee, upon written notice to O'Neil, shall be entitled to assign this Agreement to a successor in interest of all or substantially all of its assets, or to a successor in interest by way of merger, consolidation or reorganization; provided that (i) Licensee is current in all of its obligations owing to O'Neil under this Agreement and (ii) the assignee executes O'Neil's then current License Agreement for the Service or the current terms and conditions. Any purported assignment in violation of this Section 14.1 shall be null and void. By continuing to use or receive the Services after the effective date of any revisions to this Agreement or any Additional Policies online casino spiele minecraft, you agree to be bound by the revised Agreement or any revised Additional Policies. It is your responsibility to the check the O'Neil DataTech LLC Website regularly for changes to this Agreement or the Additional Policies, as applicable. We last modified this Agreement on the date set forth at the top of this Agreement. 11.3. Exclusion of Certain Damages. NEITHER PARTY SHALL BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, TREBLE, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING LOSS OF PROFITS, LOSS OF USE, LOSS OF DATA, LOSS OF RECORDS, TRANSACTION LOSSES, OPPORTUNITY COSTS, INTERRUPTION OF BUSINESS OR COSTS OF PROCURING SUBSTITUTE GOODS) RESULTING FROM handy hands tatting, ARISING OUT OF OR IN ANY WAY RELATING TO THIS AGREEMENT. 13.6. Attorneys Fees. If either Party to this Agreement shall bring any action, suit, counterclaim, appeal, arbitration, or mediation for any relief against the other, declaratory or otherwise, to enforce the terms hereof or to declare rights hereunder, the losing Party shall pay to the prevailing Party reasonable attorneys' fees and costs incurred in bringing and prosecuting such action and/or enforcing any judgment, order, ruling or award. 13.8. Relationship of Parties. The relationship of O'Neil and Licensee hereunder is that of independent contractors. In all matters relating to this Agreement, each of O'Neil and Licensee shall be solely responsible and liable for the acts of its employees and agents, and employees or agents of either Party shall not be considered employees or agents of the other. Neither Party shall have any right, power or authority to create any obligation, express or implied, on behalf of the other Party, nor shall O'Neil or Licensee act or represent or hold itself out as having authority to act as an agent or partner of the other, or in any way to bind or commit the other to any obligations. Nothing in this Agreement is intended to create or constitute an employment, joint venture, partnership, agency, trust or other relationship or association of any kind between the Parties. 11.4. Exclusion of Certain Additional Liabilities. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, O'NEIL ASSUMES NO LIABILITY HEREUNDER, AND SHALL NOT BE LIABLE FOR ANY LOSS, FOR OR RELATING TO: (A) ANY METHOD OR PROCESS IN WHICH THE SERVICES PROVIDED THEREUNDER MAY BE USED BY LICENSEE OR ANY USERS, (B) USE OF THE OTHER THAN CURRENT UNALTERED RELEASE OF THE SERVICES, (C) LICENSEE CONTENT AND USER CONTENT, (D) THE APPLICATION OR (E) THE COMBINATION, OPERATION OR USE OF THE SERVICES WITH NON-O'NEIL SOFTWARE PROGRAMS OR DATA INCLUDING, WITHOUT LIMITATION THE APPLICATION. RMBridge – RMBridge is a web service that allows end users to utilize their in-house file room software to access their off-site assets/records which are stored in commercial or off-site record centers utilizing O'Neil Software RS-SQL products. 9.3. Licensee Feedback. In the event the Licensee elects to communicate to O'Neil suggestions for improvements or modifications to the Service, O'Neil shall exclusively own all right, title, and interest in and to the same, including all Intellectual Property Rights thereto, even if Licensee has designated such feedback and communication as "confidential", and O'Neil shall be entitled to use and exploit such feedback without restriction. Licensee expressly and irrevocably assigns to O'Neil any and all right, title and interest, including all Intellectual Property Rights free slots games egyptian pyramids, that it may have in and to any and all such feedback and communications. 9.2. Licensee Intellectual Property. All right, title and interest, including all Intellectual Property Rights, in and to the Licensee Intellectual Property, together with any Licensee Content and the Application remains with Licensee. 13.7. Release. The expiration or termination of this Agreement for any reason whatsoever shall not be deemed a release, nor shall it relieve either Party from any obligation under this Agreement which may have accrued prior thereto. 10.4. Warranty Disclaimer. EXCEPT FOR THE REPRESENTATIONS AND WARRANTIES EXPRESSLY PROVIDED IN THIS AGREEMENT PURSUANT TO THIS SECTION 10, O'NEIL AND LICENSEE DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT THERETO INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIS AGREEMENT, O'NEIL MAKES NO WARRANTIES WITH RESPECT TO THE SERVICE OR THE SERVICES PROVIDED THEREUNDER, ANY ADDITIONAL SERVICES PROVIDED UNDER THIS AGREEMENT OR TO ANY OTHER PRODUCTS OR SERVICES OF O'NEIL. O'NEIL DOES NOT WARRANT THAT THE SERVICE OR THE SERVICES PROVIDED THEREUNDER ARE ERROR FREE, OR THAT THEY WILL OPERATE WITHOUT INTERRUPTION. 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