Services. The parties agree that the Agreement is to be written in English only, unless Kaseya in its sole
<br />discretion releases any part of the Agreement in other language(s). If Kaseya chooses to release any part of
<br />the Agreement in any language other than English, Kaseya does for so for informational purposes only and
<br />you hereby agree that the English language version shall govern and control in all cases.
<br />14.11. Compliance With Law and Export Control. You shall abide by all applicable local, state, national and
<br />foreign laws, rules, treaties and regulations in connection with your use of the Software and Service,
<br />including those related to data privacy, international communications and the transmission of technical or
<br />personal data. You acknowledge that Kaseya may discontinue provision or performance of the Services
<br />following any changes in any relevant applicable law, which in the sole discretion of Kaseya makes
<br />performance impossible, economically impracticable, or illegal. You further acknowledge that the
<br />Software, Services and related technology and technical data (collectively "Controlled Technology") may be
<br />subject to the import and export laws of any country where Controlled Technology is imported or re-
<br />exported, including U.S Export Administration Regulations. You agree not to export, re-export, import or
<br />provide any Controlled Technology in contravention to law nor to any prohibited country (such as
<br />embargoed countries), entity, or person (such as designated nationals) for which a license or other
<br />governmental approval is required or is otherwise prohibited. All Controlled Technology is prohibited for
<br />export or re-export to Afghanistan, Burma, Cuba, Iraq, Iran, Libya, North Korea, Syria and Sudan and to
<br />any country subject to similar trade sanctions. You further agree that you will not use, export or sell any
<br />Controlled Technology for use in connection with chemical, biological, or nuclear weapons, or missiles,
<br />drones or space launch vehicles capable of delivering such weapons.
<br />14.12. U.S. Government Restricted Rights. The Software and the Services have been defeloped at private
<br />expense and with no government funds. For procurements by or on behalf of a unit or agency of the U.S.
<br />Government, the U.S. Government agrees that the Software and or Service is commercial computer
<br />software as defined in FAR 12.212, and is provided to non -Department of Defense agencies with
<br />RESTRICTED RIGHTS and its supporting Documentation is provided with LIMITED RIGHTS, as defined
<br />in FAR Section 52.227-13 et seq. "Commercial Computer Software — Restricted Rights" and DFARS
<br />227.7202, "Rights in Commercial Computer Software or Commercial Computer Software Documentation",
<br />as applicable, and any successor regulation(s). Any use, modification, reproduction release, performance,
<br />display or disclosure of the Software and/or Services by the U.S. Government shall be solely in accordance
<br />with the terms of the Agreement. For procurements by or on behalf of the U.S. Department of Defense or
<br />agencies regulated thereunder, the U.S. Government's rights in software, supporting documentation, and
<br />technical data are governed by the restrictions in the Technical Data Commercial Items clause at DEARS
<br />252.227-7013 et seq. and DEARS 227.7202 and any successor regulation(s). Manufacturer of Software
<br />(other than Kaseya Traverse Software) is Kaseya Limited, 2nd Floor, Commerzbank House, Guild Street,
<br />International Financial Services Centre, Dublin I, Ireland; manufacturer of Kaseya Traverse Software is
<br />Kaseya Traverse Inc, 2077 Gateway Place, Suite 550, San Jose, CA 95110, U.S.A. The Software and
<br />Services comprise proprietary data, all rights of which are reserved under the copyright laws of the United
<br />States.
<br />14.13. Entire Agreement. The Agreement (including the Documentation and the other items referenced herein
<br />and therein) constitutes the entire agreement between Kaseya and you with respect to the Software and
<br />Services and supersedes all other (prior or contemporaneous) communications and proposals, whether
<br />electronic, oral, or non -electronic, between Kaseya and you regarding them. You agree that any terms or
<br />conditions contained in any document, including a purchase order, acknowledgement, email, or other
<br />document that you may now or later provide to Kaseya, will have no effect and that the Agreement is the
<br />only contract between Kaseya and you regarding the Software and Services and may only be amended as
<br />set forth herein. A printed version of the Agreement and of any notice given to you in electronic form will
<br />be admissible in judicial or administrative proceedings based upon or relating to the Agreement to the same
<br />extent and subject to the same conditions as other business documents and records originally generated and
<br />maintained in printed form.
<br />14.14. Amendments. Kaseya may, at any time, amend the provisions of the Agreement and/or the Privacy
<br />Statement, and you may accept the amended provisions in the manner indicated in the amendment notice as
<br />communicated by Kaseya. Any amendment proposed by you may only be accepted by Kaseya in a non-
<br />electronic writing manually signed by authorized representatives of the parties. Therefore, you agree to
<br />periodically visit the Website to examine the then -current Agreement (including the Privacy Statement).
<br />16
<br />
|