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EULA

Last updated November 13, 2023

ConnectSecure, LLC (“we,” “us” or “our”) makes available that proprietary software known as ConnectSecure Vulnerability Management (the “Software”) through which you have accessed this ConnectSecure Vulnerability Management End User License Agreement (these “Terms”). You accept these Terms by clicking to accept or agree to these terms (when this option is made available to you), through use of the Software, or by continuing to use the Software after being notified of a change to these Terms. If you do not agree with these Terms, or any portion of these Terms, you must not access, download, or use the Software. In consideration of interacting with the Software, and for other good and valuable consideration, you agree to the following:

  1. You Have the Right to Enter into these Terms. As an individual interacting with the Software in your individual capacity or on behalf of an entity, you represent and warrant that you have all right, power and authority to enter into these Terms on your own or such entity’s behalf and bind yourself or such entity, as applicable, to these Terms. If you are entering these Terms on behalf of an entity, all references in these Terms to “you” and “your” will mean such entity.
  2. Rights and Licenses.
    1. Subject to and conditioned upon your payment of any and all fees and strict compliance with all of the terms and conditions of these Terms, including our Terms of Service, which is hereby incorporated into these Terms, we hereby grant you a non-exclusive, non-sublicensable, and non-transferable limited license to download and use the Software and Documentation (as defined below) until terminated or suspended. This license grants you the right to:
      • Download and install the Software in accordance with the user manuals, handbooks, installation guides, and any other materials, either electronically or in hard copy form, that describe the installation, operation, use, or technical specifications of the Software or relate to the Software (“Documentation”) on a machine, physical or virtual, owned or leased, and controlled by you. You may make one copy of the Software solely for archival purposes or for purposes of reinstalling the Software on a machine upon which the Software was previously installed, provided, however, that you may not, and shall not allow any person to, install or use such copy other than if and for so long as the copy installed in accordance with the preceding sentence is inoperable and, provided, further, that you shall promptly uninstall and otherwise delete such inoperable copy. The copy of the Software made by you: (i) will be the exclusive property of us; (ii) will be subject to the terms and conditions of these Terms; and (iii) must include all trademark, copyright, patent, and other intellectual property rights notices contained in the original.
      • Use and run the Software as properly installed in accordance with these Terms and the Documentation, solely as set forth in the Documentation, and solely for your internal purposes.
    2. We reserve any and all right, title and interest in and to the Software and its services, and Documentation, as well as in and to any inventions, innovations or ideas developed in connection with or related to the Software and its services, and Documentation. You grant us a worldwide, royalty-free, limited license to use any and all data, files or other materials submitted by you via the Software for the purpose of fulfilling of providing the services offered by the Software pursuant to these Terms. You acknowledge and agree that, except as prohibited by applicable law, we have the right to collect and analyze data and other information relating to the provision, use and performance of various aspects of the Software and related systems and technologies (including, without limitation, information concerning your data and data derived therefrom), and we will be free (during and after the term of your use of the Software) to: (i) use such information and data to improve and enhance the Software and for other development, diagnostic and corrective purposes in connection with the Software, Documentation or our other technology or offerings; and (ii) use and disclose such information and data solely in aggregate or other de-identified form in connection with our business without disclosing your identity.
  3. Your Use of the Software. You represent and warrant that you have all rights and licenses necessary to interact with us through the Software and use the Software. You may interact with the Software solely as permitted by these Terms, and solely to legally access the service being offered by the Software. You shall not, and shall not permit others to: (a) use the Software or Documentation to store or transmit infringing, libelous, or otherwise unlawful or tortious material, or in violation of third-party privacy rights or applicable laws, or to store or transmit code, files, scripts, agents or programs intended to do harm, including, for example, viruses, worms, time bombs and Trojan horses; (b) interfere with or disrupt the integrity or performance of the Software; (c) copy, modify or create derivative works or improvements of the Software or Documentation or any part, feature, function or user interface thereof or content thereon; (d) frame or mirror the Software in whole or in part; (e) access or use the Software or Documentation (in whole or in part) for purposes of (x) benchmarking or competitive analysis of the Software, (y) building a competitive product or service, or (z) any other purpose that is to our detriment or commercial disadvantage; (f) reverse engineer, disassemble, decompile, decode or adapt the Software or Documentation or any part, feature, function thereof or content thereon; (g) bypass or breach any security device or protection used for or contained in the Software; (h) use the Software (in whole or in part) in or in connection with the design, construction, maintenance, operation, or use of any hazardous environments, systems, or applications, any safety response systems or other safety-critical applications, or any other use or application in which the use or failure of the Software could lead to personal injury or severe physical or property damage; (i) remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Software or Documentation, or any content included thereon (in whole or in part), including any copy thereof; (j) permit direct or indirect access to or use of the Software (including any content thereon) in a way that circumvents a contractual usage limit; or (k) access or use the Software or Documentation, in whole or in part, in any way that violates these Terms, any third-party rights, or any applicable laws, rules, regulations or orders having the force of law (collectively, “Laws”), including, without limitation, anti-spam, export control, privacy, and anti-terrorism laws and regulations. You are responsible and liable for all uses of the Software resulting from access provided by you, directly or indirectly, whether such access or use is permitted by or in violation of these Terms.
  4. Intellectual Property Ownership. You acknowledge that, as between you and us, we own all right, title, and interest, including all intellectual property rights, in and to the Software and Documentation and, with respect to Third-Party Services, the applicable third-party licensors own all right, title and interest, including all intellectual property rights, in and to the Third- Party Services.
  5. Confidentiality. You will maintain Confidential Information in strict confidence and take all steps necessary or appropriate to protect the confidentiality of Confidential Information and to assure compliance with these Terms by your agents and representatives. You will also not modify, reverse engineer, decompile, create other works from, or disassemble any Confidential Information. For purposes of these Terms, the term “Confidential Information” means any and all of our confidential or proprietary information (or a third party, as applicable), or its or their respective affiliates and subsidiaries, whether oral or written, including, without limitation, software, Documentation, code, technology, documents, reports, analyses, data, studies, drawings, samples, suppliers, customers, pricing, pricing techniques, copyright, trademark and patent applications, marketing and sales techniques and plans, projections, methods, procedures, hardware and system designs, architectures and protocols, trade secrets, know-how, and observations, and other disclosures pertaining to, based on, or containing, directly or indirectly, in whole or in part, any of our (or a third party’s, as applicable), or its or their respective affiliates’ or subsidiaries’ confidential or proprietary information. On our request, you will either return to us or certify destruction of, any and all copies of the Confidential Information in your possession.
  6. Access Credentials. You may be issued a username, identification number, password, license or security key, security token, PIN or other security code, method, technology or device used, alone or in combination, to verify your identity and authorization to access and use the Software (“Access Credentials”). All users must use strong Access Credentials (i.e., in the case of a password, one that is long, uses a mix of letters (upper and lower case), numbers and symbols, has no ties to your personal information, and no dictionary words) even if our system permits simple Access Credentials. Your Access Credentials are personal to you, and you must not share them with, and/or authorize or permit access or use thereof by, any other person. You will ensure that you exit from your account at the end of each session. You have and will retain sole responsibility for: (a) the security and use of your Access Credentials; and (b) all access to and use of the Software directly or indirectly by or through your systems or your Access Credentials, with or without your knowledge or consent, including all results obtained from, and all conclusions, decisions and actions based on, such access or use. You will notify us immediately of any unauthorized access to or use of your Access Credentials or any other breach of security. We have the right to disable any Access Credentials, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated these Terms.
  7. Your Systems; Technical Requirements. You will and are responsible for: (a) obtaining and maintaining any equipment and ancillary services needed to connect to, access or otherwise use the Software, including, without limitation, modems, hardware, servers, software, operating systems, networking, web servers, mobile devices and the like (collectively, “Your Systems”); (b) maintaining the security of all of Your Systems; (c) all uses of your account(s) or Your Systems by your representatives; and (d) acquiring any third party rights, licenses and/or consents necessary to connect to, integrate with, access or otherwise use the Software or any feature, functionality or tool thereof, in whole or in part. You acknowledge and agree that failure to obtain and maintain Your Systems, to meet any applicable technical requirements of or relating to the Software, or to obtain any necessary third-party rights, licenses and/or consents, may cause the Software to (in whole or in part) be unavailable, or function ineffectively or inappropriately. We will in no event be responsible for any downtime, losses, failures or liabilities that arise as a result of your failure to comply with the requirements set forth in this Section. You acknowledge that use of the Software requires one or more compatible devices (messaging rates may apply), Internet access (fees may apply), and certain software (fees may apply), and may require obtaining updates or upgrades from time to time. High speed Internet access is recommended. You acknowledge and agree that the compliance with the requirements set forth in this Section, which may be changed from time to time, are your responsibility.
  8. Customer Support. We will use commercially reasonable efforts to provide you with technical support for the Software consistent with our customer support policies in effect from time to time. We will have no obligation to provide technical support for Software issues caused by: scheduled or planned maintenance; factors outside of our reasonable control; use of the Software that is in violation of these Terms (and/or the Terms of Service); force majeure events, including without limitation, acts of war, acts of God, natural disaster, pandemic, epidemic, health crisis, government act, utility outages, denial of service attacks, failure of communication lines and/or the Internet, and the occurrence of vulnerabilities or exploits which could not have been avoided with commercially reasonable care; your network, technology, hardware and other systems; any third-party equipment, software, or technology; combination, operation, or use of the Software in or with any technology (including any software, hardware, firmware, system, or network) or service not provided by us; your or any third party’s negligence, abuse, misapplication, misuse, or manipulation of or damage to the Software or any of your materials in any respect; or use of older versions of the Software (or failure to install/implement any Maintenance Release), web browsers or operating systems or platforms into which the Software will be integrated.
  9. Updates and New Features. We may from time to time make or issue updates, upgrades, releases, or other adaptations or modifications of the Software in whole or in part (collectively, “Maintenance Releases”). We may also make one or more new versions, features or modules of the Software (in whole or in part) (collectively, “New Features”) available to you under the terms and conditions of these Terms. Maintenance Releases and/or any New Features made available to you (if any) will constitute a part of the Software for purposes of these Terms. For the avoidance of doubt, we reserve the right to offer any Maintenance Releases or New Features subject to our then current, commercial pricing for the same. If any Maintenance Release or New Feature requires for its proper and effective use the modification of certain Software settings, your content or any other accommodation, affirmative action or update on your part (any such modification, accommodation or affirmative action on your part, “Accommodations”), then we will notate such Accommodations in the relevant release note for such Maintenance Release or New Feature, if and as applicable. You acknowledge and agree that certain Maintenance Releases and/or New Features may require professional services for purposes of installation, configuration and/or implementation, which will be subject to your payment of our applicable professional services fees then in effect.
  10. Third-Party Services. You acknowledge and agree that: (a) one or more of the functionalities or services available on or via the Software are (or will be) made available by third parties (“Third-Party Service Providers” and such functionalities or services, “Third-Party Services”); (b) the Software relies on API integration for certain features and functions, but that API integration has its own inherent level of unpredictability and inconsistency that is out of our control, and that as such we will have no liability for downtime caused by API integration failures; (c) Third-Party Service Providers may impose restrictions on use of the particular Third-Party Service, in addition to other terms and conditions, including without limitation, those set forth in any applicable terms and conditions agreed to by or otherwise made available to you (collectively, “Third-Party Requirements”); (d) you are solely responsible for compliance with, and will ensure that all users accessing the Software through your account comply with, all Third-Party Requirements; and (e) we may at any time terminate and/or discontinue any Third-Party Services, including as a result of termination of our relationship with the applicable Third-Party Service Provider.
  11. Use of Data. Notwithstanding anything to the contrary, and to the extent not prohibited by Law, we will have the right to collect, analyze and store your content, materials, and data provided by you or your users to us, and other information relating to the provision, use and performance of various aspects of the Software, and we will be free (during and after the term of these Terms) to: (a) use such information and data to improve and enhance the Software (in whole or in part) and for other development, diagnostic and corrective purposes in connection with the Software and/or our other product or service offerings; and (b) use and disclose such information and data solely in aggregate or other de- identified form in connection with our business without disclosing your identity, or the identity of any of your users (“Aggregated Data”). No rights or licenses are granted except as expressly set forth herein.
  12. Suspension and Termination of Your Access to the Software. We may, directly or indirectly, and by any lawful means (including any disabling device), terminate, suspend or otherwise deny your or any of your users’ access or license to, or use of, all or any part of the Software, without incurring any resulting obligation or liability, if: (a) we believe, in our sole and absolute discretion, that you or any of your users: (1) has failed to comply with any term of these Terms (and/or the Terms of Service); (2) has accessed or used the Software beyond the scope of the authorization granted or for a purpose not authorized or intended under these Terms (and/or the Terms of Service) or in any manner that does not comply with any of our instructions or requirements; or (3) is, has been, or is likely to be involved in any fraudulent, misleading, unlawful or unethical activities, or in any activity that could reflect poorly on us or our customers, or negatively impair our or their goodwill (in each case, in our sole and absolute discretion); (b) your subscription to the Software, or that of our customer with respect to which you are acting, is terminated or expires; (c) we deem it necessary or desirable in order to prevent, mitigate or address a material security issue; or (d) we receive a judicial or other governmental demand or order, subpoena, or law enforcement request that expressly or by reasonable implication requires us to do so. This paragraph does not limit any of our other rights or remedies whatsoever, including any rights or remedies at law, in equity or under these Terms and/or the Terms of Service.
  13. Indemnification. You, at your own expense shall indemnify, defend and hold harmless us (and our members, managers, officers, directors, employees, agents, representatives, shareholders, attorneys and affiliates) against any and all claims, losses, damages, judgments, liabilities, costs, and expenses (including attorneys’ fees) arising from or relating to: (a) any of your data, files or materials, including any use, disclosure or storage of the same by us or on our behalf as set forth in these Terms; (b) our compliance with any specifications or directions provided by you or on your behalf; (c) your failure to comply with your obligations, covenants and representations set forth in these Terms (and/or the Terms of Service); or (d) your access or use of the Software.
  14. Equitable Remedies. You acknowledge that we may be irreparably damaged if these Terms are not specifically enforced, and damages at law would be an inadequate remedy. Therefore, in the event of a breach or threatened breach of any provision of these Terms by you, we will be entitled, in addition to all rights and remedies, to an injunction restraining such breach or threatened breach, without being required to show any actual damage or to post an injunction bond, or to a decree for specific performance of the provisions of these Terms. You agree that we may bring any action or proceeding with regard to such injunction restraining such breach or threatened breach in the courts of record of Hillsborough County, Florida. You consent to the exclusive jurisdiction of such court and waive any objection to the laying of venue of any such action or proceeding in such court. We may affect service of any court paper on you by mail or in such other manner as may be provided under applicable laws, regulations, rules of procedure or local rules.
  15. Force Majeure. We shall be excused from performance of our obligations for any period and the time of performance shall be extended as reasonably necessary under the circumstances, to the extent that we are prevented from performing, in whole or in part, our obligations under these Terms, as a result of acts of God, any governmental authority, war, civil disturbance, court order, labor dispute, epidemic, pandemic, health crisis, government action or lockdown, or any other cause beyond our reasonable control, including, without limitation, hurricanes, inclement weather, and failures or fluctuations in electrical power, heat, light, telecommunication equipment or lines or any other equipment.
  16. Compliance with Laws. You acknowledge and agree that the Software does not guaranty your compliance with applicable Laws, and that your compliance with applicable Laws, is ultimately your sole and exclusive responsibility. Without limiting the generality of the foregoing, you acknowledge that we do not and will not provide any legal advice, and that any feedback, content or materials provided by us as part of or in connection with the Software and/or our other services does not constitute legal or other professional advice, and that you are solely responsible for determining the legality, validity and enforceability of all of your materials, content and data, your use of the Software, and the accuracy, accessibility, safety and reliability of any language contained within all of your materials, content or data or the results of your use of the Software.
  17. WARRANTIES AND LIMITATION ON LIABILITY. THE SOFTWARE, DOCUMENTATION, AND ANY RELATED OR ADDITIONAL SERVICES PROVIDED BY US OR ON OUR BEHALF ARE PROVIDED “AS IS.” WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING THE SOFTWARE, DOCUMENTATION, OR ANY SUCH SERVICES, AND SPECIFICALLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHER, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE AND NON-INFRINGEMENT, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE OR TRADE PRACTICE. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY OF ANY KIND THAT THE SOFTWARE OR ANY SUCH SERVICES, ANY PRODUCTS OR SERVICES OR RESULTS OF THE USE THEREOF, OR THE SERVICES PROVIDER OR ITS PRODUCTS OR SERVICES, WILL MEET YOUR OR ANY OTHER PERSON'S REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, CONTINUE TO BE PROVIDED (IN WHOLE OR IN PART), ACHIEVE ANY INTENDED OR PARTICULAR RESULT, INCLUDING YOUR COMPLIANCE WITH ANY APPLICABLE LAWS, IDENTIFICATION OF ANY AND ALL SECURITY VULNERABILITIES, AND/OR SECURITY OF YOUR SYSTEMS (IN WHOLE OR IN PART), BE COMPATIBLE OR WORK WITH ANY SOFTWARE, SYSTEM OR OTHER SERVICES, OR BE SECURE, ACCURATE, COMPLETE, FREE OF HARMFUL CODE OR ERROR FREE. IN NO EVENT WILL WE OR ANY OF OUR LICENSORS, SERVICE PROVIDERS OR SUPPLIERS BE LIABLE UNDER OR IN CONNECTION WITH THESE TERMS OR ITS SUBJECT MATTER UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY AND OTHERWISE, FOR ANY: (a) LOSS OF PRODUCTION, USE, BUSINESS, REVENUE OR PROFIT OR DIMINUTION IN VALUE; (b) IMPAIRMENT, INABILITY TO USE OR LOSS, INTERRUPTION OR DELAY OF THE SERVICES, (c) LOSS, DAMAGE, CORRUPTION OR RECOVERY OF DATA, OR BREACH OF DATA OR SYSTEM SECURITY, OR (d) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED OR PUNITIVE DAMAGES, REGARDLESS OF WHETHER SUCH PERSONS WERE ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE. IN NO EVENT WILL THE COLLECTIVE AGGREGATE LIABILITY OF US AND OUR LICENSORS, SERVICE PROVIDERS AND SUPPLIERS UNDER OR IN CONNECTION WITH THESE TERMS OR ITS SUBJECT MATTER, UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY AND OTHERWISE, EXCEED THE AMOUNTS PAID BY YOU TO US DURING THE TWELVE MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM OR, OR, IF YOU HAVE NOT PAID US FOR THE USE OF THE SOFTWARE, THE AMOUNT OF $25.00. THE FOREGOING LIMITATION APPLIES NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.
  18. Export Regulation. The Software and Documentation may be subject to US export control laws, including the Export Control Reform Act and its associated regulations. You shall not, directly or indirectly, export, re-export, or release the Software or Documentation to, or make the Software or Documentation accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by Law. You shall comply with all applicable federal laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing, or otherwise making the Software or Documentation available outside the US.
  19. Governing Law and Arbitration. These Terms and all transactions contemplated by these Terms shall be governed by, and construed and enforced in accordance with, the laws of the State of Florida. Neither any adoption of the Uniform Computer Information Transactions Act nor the U.N. Convention on the International Sale of Goods applies to these Terms or to the rights or duties of the parties under these Terms. To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms (each a “Dispute” and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party. Except as otherwise provided herein, if the Parties are unable to resolve a Dispute through informal negotiations, the Dispute will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website www.adr.org. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in Hillsborough County, Florida. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. Unless the Parties agree otherwise in writing, in the event that any provision of this Section is found not to apply to you or to a particular claim or dispute as a result of a decision by the arbitrator or a court order, any claim or dispute that has arisen or may arise between you and us must be resolved exclusively by a state or federal court located in Hillsborough County, Florida. You and we will submit to the personal jurisdiction of the courts located within Hillsborough County, Florida for the purpose of litigating all such claims or disputes. The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the fullest extent permitted by Law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. The prevailing party in any Dispute shall be entitled to recovery of its reasonable attorney’s fees and costs. EACH PARTY IRREVOCABLY AND UNCONDITIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LEGAL ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR THE TRANSACTIONS CONTEMPLATED HEREBY.
  20. Miscellaneous. We may reject any files, data, or other materials you submit to the Software at any time, for any reason, in which case we will not be responsible for providing services related to such files, data or materials. The relationship of the parties pursuant to these Terms is that of independent contractors. You shall not assign your rights or obligations under these Terms without our prior written consent. Except as set forth herein, the provisions of these Terms may not be amended, supplemented, waived, or changed orally, but only by a writing signed by the party as to whom enforcement is sought and making specific reference to these Terms. The headings contained in these Terms are for convenience of reference only, are not to be considered a part of these Terms and shall not limit or otherwise affect in any way its meaning or interpretation. Except as specifically set forth in these Terms, these Terms represent the entire understanding and agreement between the parties with respect to their subject matter, and supersede all other negotiations, understandings, and representations (if any) made by and between such parties. These Terms, [together with the Order Form, [all annexes, schedules, and exhibits attached hereto] and all other documents that are incorporated by reference herein (including the Terms of Service), constitutes the sole and entire agreement between you and us with respect to the subject matter contained herein, and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter. If any provision of these Terms shall be found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall not affect the other provisions of these Terms, which shall remain in full force and effect. Unless the context requires otherwise: (a) “or” is used in the inclusive sense of “and/or”; and (b) the word “including” means “including, without limitation”.