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Youreka™ End User License Agreement
Effective Date: March 14, 2016
Last Updated: March 14, 2016
PLEASE READ THE TERMS OF THIS Youreka™ END-USER LICENSE AGREEMENT (“EULA”) CAREFULLY. THIS EULA IS A BINDING, CONTRACTUAL AGREEMENT BETWEEN YOU AND SYNAPTIC ADVISORY PARTNERS, LLC, ITS AFFILIATES OR AGENTS (“SYNAPTIC”) AND APPLIES TO YOUR USE OF THE Youreka™ SOFTWARE (“APPLICATION”). This EULA does not alter in any way the terms and conditions of any other agreement(s) you may have with Synaptic, including any master terms for the Synapse™ software or any business associate agreements.
BY CHECKING THE BOX NEXT TO THE “I HAVE READ AND AGREE TO THE TERMS AND CONDITIONS” (“EULA CHECKBOX”) STATEMENT AND CLICKING THE “CONFIRM AND INSTALL!” BUTTON, BY INSTALLING THE APPLICATION, OR BY USING THE APPLICATION, YOU ARE INDICATING YOUR ACCEPTANCE AND AGREEMENT TO ALL OF THE TERMS AND CONDITIONS OF THIS EULA. IF YOU DO NOT ACCEPT AND AGREE TO ALL OF THE FOLLOWING TERMS AND CONDITIONS, DO NOT CHECK THE EULA CHECKBOX AND DO NOT CLICK THE “CONFIRM AND INSTALL!” BUTTON, IN WHICH CASE YOU WILL NOT BE PERMITTED TO USE THE APPLICATION. YOUR CHECKING THE EULA CHECKBOX AND CLICKING THE “CONFIRM AND INSTALL!” BUTTON CONSTITUTES YOUR ELECTRONIC SIGNATURE ON THIS EULA AND YOUR CONSENT TO EXECUTE THIS EULA ELECTRONICALLY.
BY ACCEPTING THE EULA, YOU (1) ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THIS EULA; (2) REPRESENT THAT YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT; AND (3) REPRESENT THAT YOU HAVE THE AUTHORITY TO ENTER INTO THIS EULA, PERSONALLY OR IF YOU ARE ENTERING INTO THIS EULA ON BEHALF OF A COMPANY, ORGANIZATION, EDUCATIONAL INSTITUTION, OR AGENCY, INSTRUMENTALITY OR DEPARTMENT OF A GOVERNMENT (AN “ENTITY”) ON BEHALF OF THAT ENTITY AND TO BIND SUCH ENTITY TO THE TERMS AND CONDITIONS OF THIS EULA. References to “you” in this EULA refer to both you, the individual end user, and the Entity on whose behalf you are accepting this EULA.
IF YOU DO NOT AGREE TO ALL TERMS AND CONDITIONS OF THIS EULA, OR IF YOU DO NOT HAVE SUCH AUTHORITY, YOU MUST NOT ACCEPT THIS EULA OR ACCESS, USE OR INSTALL THE APPLICATION.
Synaptic reserves the right, in its sole discretion, to change, add or remove portions of this EULA, at any time. If the changes are material, as solely determined by Synaptic, Synaptic will send you notice (the “Change Notice”) by e-mail or by pushing the notice to your mobile device, provided, however, that it is your responsibility to check this EULA periodically for changes. Your continued use of the Application following the posting or the effective date of changes or the Change Notice will mean that you accept and agree to the changes.
1. HOW TO CONTACT SYNAPTIC.
If you have any questions, comments, concerns, or you wish to report a violation, please contact Synaptic at the following:
Attn: General Counsel
Synaptic Advisory Partners
41 Old Solomons Island Road, Suite 201
Annapolis, MD 21401 E-mail
Subject: Application EULA
You may not use contact information provided for unauthorized purposes, including solicitations and marketing.
2. APPLICATION LICENSE AND USAGE.
2.1 Grant of License. Subject to your full and ongoing compliance with the terms and conditions of this EULA, including without limitation payment of all applicable license fees for a Premium Version (as defined below), Synaptic grants you and you accept a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install and use a copy of the Application during the term in the form of machine-readable, executable object code form only and on a computer or mobile device that you own or control, and the user manuals (if any) accompanying the Application (“Documentation”) for your personal use or, if you are using the Application or Documentation on behalf of an Entity, for such Entity’s internal business purposes. Synaptic may offer additional features to the Application, which features are only made available to you when you pay the applicable fee (“Premium Version”) and agree to the additional terms (if any). For purposes of this EULA, the “Application” includes any updates, enhancements, modifications, revisions, or additions to the Application made by Synaptic and made available from time to time to end-users using the free version of the Application or the Premium Version, as applicable. Notwithstanding the foregoing, Synaptic will be under no obligation to provide any updates, enhancements, modifications, revisions, or additions to the Application. For purposes of this EULA, “Documentation” includes any knowledge base articles, service descriptions, white papers, and similar materials related to the Application.
2.2 App Stores and Third Party Fees.Generally. You acknowledge and agree that the availability of the Application is dependent on the third party from whom you received the Application license (e.g., the Apple App Store, Google Play, or Salesforce) (“App Store”). You acknowledge that this EULA is between you and Synaptic and not with the App Store. As between Synaptic and the App Store, Synaptic and not the App Store, is solely responsible for the Application, Synaptic’s content, addressing any claims relating to the Application (e.g., product liability, legal compliance, or consumer protection) and, if made available by Synaptic, maintenance, support services, and warranty therefor. You agree to pay all fees (if any) charged by the App Store in connection with the Application. You agree to comply with, and your license to use the Application is conditioned upon your compliance with, all applicable third party terms of agreement (e.g., the App Store’s terms and policies) when using the Application.
(b) Apple iTunes®. The following applies to any Application accessed through or downloaded from the Apple App Store:
(i) You will only use the App Store sourced Application (1) on an Apple-branded product that runs the iOS and (2) as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service.
(ii) In the event of any failure of the Apple App Store sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for such Application to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple App Store sourced Application. As between Synaptic and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Synaptic.
(iii) You and Synaptic acknowledge that, in the event of any third party claim that the Apple App Store sourced Application or your possession and use of that Apple App Store sourced Application infringes that third party’s intellectual property rights, as between Synaptic and Apple, Synaptic, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by this EULA.
(iv) You and Synaptic acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this EULA as related to your license of the Apple App Store sourced Application, and that, upon your acceptance of this EULA and conditions of this EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce this EULA as related to your license of the Apple App Store sourced Application against you as a third party beneficiary thereof.
(c) Third Party Fees. You will be solely responsible for any charges or expenses you may incur to access or use the Application or the Documentation, including any charges for communications lines, wireless phone charges, or mobile devices.
2.3 Documentation, Trademarks and Copyrights. You acknowledge and agree that all content on the Application (including, without limitation, text, images, user interfaces, visual interfaces, graphics, trademarks, logos, sounds, source code and computer code, including but not limited to the design, structure, selection, coordination, expression, ‘look and feel’ and arrangement thereof) and the Documentation is the exclusive property of and owned by Synaptic or its licensors and is protected by copyright, trademark, trade dress and various other intellectual property rights and unfair competition laws. These marks and copyrights may not be copied, imitated, changed or used, in whole or in part, without the express prior written permission from their respective owners, and then with the proper acknowledgments. Nothing on the Application or the Documentation will be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the Application without the owner’s prior written permission, except as otherwise described herein.
2.4 Copies. You may access, copy, download, and print the Documentation purposely made available by Synaptic for copying, downloading and printing for your personal, non-commercial use and for your Entity use in connection with a good faith use of the Application for your Entity, provided you do not (a) modify or delete (including through selectively copying or printing material) any copyright, trademark, or other proprietary notice that appears on the material; and (b) make any additional representations or warranties relating to such Documentation and material(s).
2.5 Restrictions. SYNAPTIC RETAINS ALL RIGHT, TITLE, AND INTEREST IN THE APPLICATION AND DOCUMENTATION AND ALL RIGHTS NOT EXPRESSLY GRANTED IN THIS EULA ARE RESERVED. You will not, nor will you permit anyone else over which you exercise control to (a) except as set forth in Section 2.4 (Copies), copy or reproduce the Application or Documentation in whole or in part; (b) modify, translate or create derivative works of the Application or Documentation; (c) reverse engineer, decompile, disassemble or otherwise attempt to gain the source code to the Application except to the extent the foregoing restrictions are expressly prohibited by applicable law; (d) distribute, sublicense, assign, share, timeshare, sell, rent, lease, grant a security interest in, use for service bureau purposes or otherwise transfer the Application or Documentation; (e) export, re-export, divert or transfer the Application or Documentation to any country that is embargoed by the United States or designated by the U.S. Government as a “terrorist supporting” country; (f) unless expressly authorized by Synaptic in writing, authorize or undertake a penetration test, vulnerability scan, social engineering test or any other similar activity against the Application; (g) interfere with or attempt to interfere with the proper functioning of the Application; (h) access the Application or Documentation to build a competitive product or service; or (i) violate this EULA. Any unauthorized use of the Application or Documentation terminates the licenses granted by Synaptic pursuant to this EULA.
2.6 Sharing Information with the Entity. By using the Application, you acknowledge that we may share the information you input into the Application with the Entity and subject to any agreement you may have with the Entity and any polices the Entity may have, you consent to Synaptic sharing information with the Entity.
2.7 Data. When installed, the Application may, from time to time, automatically report back information to Synaptic’s servers related to usage of the Application, without notice to you (“Usage Data”). Usage Data may be used by Synaptic in compliance with all applicable laws, including helping diagnose and resolve technical and performance issues in relation to the Application. Further, you hereby grant to Synaptic a limited, nonexclusive, fully paid, royalty-free, irrevocable, worldwide license (a) to access, host, use, copy, reformat, display, disclose and distribute the Form Data (as defined below) for the purpose of providing the Application; and (b) on a perpetual basis, to access, host, use, copy, reformat, display, modify, disclose, distribute, adapt, create derivative works of, and otherwise commercially or non-commercially exploit in any manner any templates and form questions you create using the Application, provided, however, that in the event you are using the Premium Version of the Application, Synaptic will not make such templates and questions available or distribute on its partner network for use by other Application end users. For purposes of this EULA, “Form Data” means the information that you or your authorized user enters into the form you created using the Application, provided that Form Data does not include the templates or the form questions.
2.8 Feedback and Use of Created Materials. You agree that submission of any ideas, suggestions, documents, or proposals to Synaptic through its suggestion form, feedback form, wiki, forum, support email, or similar means (“Feedback”) is at your own risk and that Synaptic has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to Synaptic a fully paid, royalty-free, perpetual, irrevocable, worldwide, and nonexclusive right and license to use, copy, reformat, display, perform, modify, disclose, distribute, adapt, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights.
2.9 Malicious Code. You will use commercially reasonable efforts and will implement technical and administrative safeguards intended to prevent transmission of any “computer viruses,” “time bombs,” “malware,” worms, trojans, malicious software or any code that is designed to delete, disable, deactivate, interfere with, or otherwise harm or disrupt the Application or that in any way affects the use, enjoyment or service of the Application, or any user’s computer or other medium used to access the Application. Further, you will not attempt to engage in or engage in, any harmful acts that are directed against the Application or Synaptic, including but not limited to violating or attempting to violate any security features of the Application.
3. REGISTRATION AND CONDUCT.
3.1 Registering your Account. Some features that may be available in the Application may require registration with Synaptic. You agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the registration form. You agree not to create an account using a false identity or information, or on behalf of someone other than yourself. You agree not to create an account or use the Application if you have been previously removed by Synaptic, if you have been previously banned, or if not permitted by the Entity.
3.2 Activities. Some features on the Application may require the use of a username and password (“Access Credentials”). You are responsible for protecting your Access Credentials. You agree that you will be responsible for any and all statements made, and acts or omissions that occur, through the use of your Access Credentials or for the use of the Application on your devices. You may not share your account or Access Credentials with anyone, and you agree to notify Synaptic immediately of any unauthorized use of, loss, or theft of your Access Credentials or any other known or reasonably suspected breach of security. Further, you represent and warrant (and Synaptic is relying on your representation and warranty) that (a) you own or otherwise control all the rights or have sufficient rights to the forms, questions, Feedback and other content you submit (“Content”) or that such items are known to you to be in the public domain; (b) that the Content is accurate; (c) that use of the Content you supply does not violate any provision in this EULA, is not confidential, proprietary, infringing of any third party intellectual property rights or terms you may have agreed to with a third party; (d) that the Content is not defamatory or otherwise trade libelous; (e) you do not violate any applicable law, statute, ordinance or regulation; and (f) you are not listed on any U.S. Government list of prohibited or restricted parties, including the list of Specially Designated Nationals and Blocked Persons maintained by the Office of Foreign Assets Control of the U.S. Department of the Treasury or any list of known or suspected terrorists, terrorist organizations or other prohibited persons. Synaptic undertakes no duty to determine the validity of any claim of copyright or trademark infringement. Upon receiving written notice that any item posted on or through the Application is believed to infringe a copyright or other proprietary right, Synaptic will remove said work.
4. HYPERLINKS AND THIRD PARTY WEBSITES.
4.1 Hyperlinks. The Application and Documentation may contain links to other websites. These links are provided as a convenience to you and as an additional avenue of access to the information contained therein. Synaptic is not responsible for the content of those or any other websites or any products or services that may be offered through those or any other websites and does not endorse such content, goods or services.
4.2 Websites. Synaptic has no control over third party websites and makes no claim or representation regarding such websites. Synaptic accepts no responsibility for, the quality, content, nature, or reliability of any websites accessible by hyperlink from the Application or Documentation. Different terms and conditions may apply to your use of any linked sites. Synaptic is not responsible for any losses, damages or other liabilities incurred as a result of your use of any linked sites. You should refer to such websites’ respective privacy policies and terms and conditions.
5. INDEMNIFICATION. You agree to indemnify and hold Synaptic and its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (collectively, the “Synaptic Parties”) harmless from any losses, costs, liabilities, government investigations and expenses (including reasonable attorneys’ fees) relating to or arising out of: (a) any data you submit to or through the Application; (b) your use of, or inability to use, the Application; (c) your violation of this EULA; (d) your violation of any rights of another party, or (e) your violation of any applicable laws, rules or regulations. Synaptic reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Synaptic in asserting any available defenses,
6. DISCLAIMER OF WARRANTIES. YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE APPLICATION AND DOCUMENTATION IS AT YOUR SOLE RISK, AND THE APPLICATION AND DOCUMENTATION IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. THE SYNAPTIC PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING. THE SYNAPTIC PARTIES MAKE NO WARRANTY, REPRESENTATION OR CONDITION THAT: (1) THE APPLICATION OR DOCUMENTATION WILL MEET YOUR REQUIREMENTS; (2) THE APPLICATION WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (3) THE DOCUMENTATION WILL BE CURRENT OR ACCURATE; OR (4) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE APPLICATION WILL BE ACCURATE OR RELIABLE; (5) ANY ERRORS IN THE APPLICATION WILL BE CORRECTED; OR (6) THAT YOUR USE OF THE APPLICATION WILL NOT RESULT IN THE LOSS OF, OR DAMAGE TO, YOUR INFORMATION. THE SERVICES MAY BE SUBJECT TO DELAYS, CANCELLATIONS AND OTHER DISRUPTIONS. THE SYNAPTIC PARTIES ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY CONTENT THROUGH THE APPLICATION. SYNAPTIC RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE APPLICATION OR ANY FEATURE OR PART THEREOF AT ANY TIME AND FOR ANY REASON. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SYNAPTIC OR THROUGH OR FROM THE APPLICATION OR DOCUMENTATION WILL CREATE ANY WARRANTY OF ANY KIND. IN CERTAIN JURISDICTIONS, THE LAW MAY NOT PERMIT OR MAY LIMIT THE DISCLAIMER OF WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU OR MAY BE LIMITED IN ITS APPLICATION. Termination of your access or use will not waive or affect any other right or relief to which Synaptic may be entitled at law or in equity.
7. LIMITATION OF LIABILITY.
7.1 DISCLAIMER OF CERTAIN DAMAGES. YOU UNDERSTAND AND AGREE THAT IN NO EVENT WILL SYNAPTIC PARTIES BE LIABLE TO YOU OR TO ANY OF YOUR EMPLOYEES, CONTRACTORS, SHAREHOLDERS, AFFILIATES, OR AGENTS FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE APPLICATION, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES RESULTING FROM LOSS OF USE, DATA, GOODWILL, PROFITS, OR OPPORTUNITIES, WHETHER OR NOT SYNAPTIC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THIS EULA, ON ANY THEORY OF LIABILITY, RESULTING FROM: (1) THE USE OR INABILITY TO USE THE APPLICATION DOCUMENTATION; (2) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT; OR (3) ANY OTHER MATTER RELATED TO THE APPLICATION OR DOCUMENTATION.
7.2 CAP ON LIABILITY. UNDER NO CIRCUMSTANCES WILL THE SYNAPTIC PARTIES BE LIABLE TO YOU IN THE AGGREGATE FOR MORE THAN TEN DOLLARS ($10.00).
7.3 BASIS OF THE BARGAIN. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN SYNAPTIC AND YOU.
8. TERMINATION. You or Synaptic may terminate this EULA at any time and for any reason. You may terminate this EULA by uninstalling the Application and deleting the Documentation. Upon termination of this EULA for any reason, your limited license to use the Application and Documentation ends.
9. GENERAL TERMS.
9.1 Electronic Communications. The communications between you and Synaptic use electronic means. You (a) consent to receive communications from Synaptic in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Synaptic provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect any statutory rights you may have.
9.2 Assignment. This EULA, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Synaptic’s prior written consent, which may be withheld at Synaptic’s sole discretion, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. Synaptic may assign, subcontract, delegate, or otherwise transfer or sublicense any rights (including license rights) granted to Synaptic hereto.
9.3 Force Majeure. Synaptic shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
9.4 Dispute Resolution. If you believe that Synaptic has not adhered to this EULA, please contact Synaptic by e-mail or the mailing address set forth in Section 1 to permit Synaptic to address your concern.
9.5 Choice of Law and Venue. All questions concerning the validity, interpretation and performance of this EULA will be governed by and decided in accordance with the Laws of the State of Maryland, without regard to any conflicts of laws and principles thereof. You hereby expressly consent to the personal jurisdiction and venue in the state and federal courts or Maryland for any lawsuit filed against you by Synaptic arising from or related to this EULA. Each party hereby irrevocably submits to the exclusive jurisdiction of Maryland courts and waives any objection to venue and/or claim of inconvenient forum. You and Synaptic agree that this EULA will not be governed by the following, the application of which is hereby expressly excluded: (a) the United Nations Convention on Contracts for the International Sale of Goods, and (b) the Uniform Computer Information Transactions Act, as enacted in any jurisdiction.
9.6 Limitations Period. YOU AND SYNAPTIC AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS EULA MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
9.7 U.S. Government Purchases. The Application and Documentation 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”, as such terms are used in 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 (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions in this EULA. Synaptic reserves unpublished rights under the copyright laws of the United States.
9.8 Relationship. The Parties are independent contractors and nothing in this EULA is to imply an agency, joint venture, partnership, or fiduciary relationship between the parties.
9.9 Notice. Where Synaptic requires that you provide an e-mail address, you are responsible for providing Synaptic with your most current e-mail address. In the event that the last e-mail address you provided to Synaptic is not valid, or for any reason is not capable of delivering to you any notices required/ permitted by this EULA, Synaptic’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice. You may give notice to Synaptic at the mailing address set forth in Section 1. Such notice will be deemed given when received by Synaptic by letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail.
9.10 Admissibility. A printed version of this EULA will be admissible in judicial or administrative proceedings based on or relating to use of the Application to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
9.11 Waiver. Any waiver or failure to enforce any provision of this EULA on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
9.12 Severability. If any provision of this EULA is, for any reason, held to be invalid or unenforceable, the other provisions of this EULA will remain enforceable, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.
9.13 Survival. The rights and obligations of the parties under Sections 2.3 (Documentation, Trademarks and Copyrights), 2.5 (Restrictions), 2.7 (Data), 2.8 (Feedback and Use of Created Materials), 3.2 (Activities), 4.2 (Websites), 5 (Indemnification), 6 (Disclaimer of Warranties), 7 (Limitation of Liability), 8 (Termination) and 9 (General Terms) will survive any expiration or termination of this Agreement.
9.14 Export Control. You may not use, export, import, or transfer the Application except as authorized by U.S. law, the laws of the jurisdiction in which you obtained the Application, and any other applicable laws. In particular, but without limitation, the Application may not be exported or re-exported (a) into any United States embargoed countries; or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Person’s List or Entity List. By using the Application, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You also will not use the Application for any purpose prohibited by U.S. law, including the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons. You acknowledge and agree that products, services or technology provided by Synaptic are subject to the export control laws and regulations of the United States. You shall comply with these laws and regulations and shall not, without prior U.S. government authorization, export, re-export, or transfer Synaptic products, services or technology, either directly or indirectly, to any country in violation of such laws and regulations.
9.15 Entire Agreement. This EULA is the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.
9.16 Interpretation. Capitalized terms defined in the singular include the plural and vice versa. The words “include,” “includes,” and “including” mean include, includes and including “without limitation.” The word “any” means “any and all.” The Section headings appearing in this EULA are inserted for convenience only and in no way define, limit, construe, or describe the scope or extent of such Section or in any way affect such Section. The words “herein,” “hereof,” “hereunder,” and other words of similar import refer to this Agreement as a whole and not to any particular Section or other subdivision.