End-User License Agreement

"Agreement" shall mean and include this End User License Agreement and the recitals, schedules, annexures or exhibits annexed hereto, in addition to any other legally binding agreement entered into between the parties, which may include an Order Form or such similar agreement for services that is intended to govern your use of the Services (each, a "Service Agreement").

"Applicable Data Protection Law" means all laws and regulations applicable to the processing of Personal Data under this Agreement, including, where applicable:

1. Regulation (EU) 2016/679 (the General Data Protection Regulation or "GDPR");
2. any national laws implementing or supplementing the GDPR; and
3. any other data protection or privacy laws applicable to the parties in connection with the Services, as amended, replaced, or superseded from time to time.

"Application/Product" means any application, software, module, or component developed by the Company and made available to the Customer under the EULA, as further specified in the Order Form.

"Confidential Information" means and includes any information disclosed by one Party to the other Party that is in written, graphic, machine readable or other tangible form irrespective of whether the same is marked "confidential", "proprietary" or in some other manner to indicate its confidential nature. Notwithstanding the foregoing, the term Confidential Information does not include information that:

1. Becomes known to the receiving Party, without restriction, from a source other than the disclosing Party without breach by the receiving Party or otherwise in violation of the disclosing Party's rights;
2. Is disclosed under operation of law, except that the receiving Party will disclose only such information as is legally required and will use reasonable efforts to obtain confidential treatment for any Confidential Information that is so disclosed.
3. Is independently developed by the receiving Party without any use of the Confidential Information and by the employees or other agents of the receiving Party who have not been exposed to the Confidential Information, provided that the receiving Party can demonstrate such independent development with adequate evidence;
4. Is known publicly at the time it was disclosed or becomes publicly known through no fault or action of the receiving Party or any breach of any confidentiality obligation;
5. Is known to the receiving Party, without restriction, at the time of disclosure, provided the receiving Party can demonstrate such prior knowledge with adequate evidence;

Confidential Information shall also include; (i) Proprietary Information and (ii) Intellectual Property provided by one Party to the other for performance of the obligations under this Agreement.

"End User" or "Customer" or "You" mean person using the Product/Application for the permitted use hereunder.

"Force Majeure Event" in respect of a Party hereto shall mean any event or circumstance or combination of events and circumstances that prevents performance by a Party of its obligations under this Agreement, but only if and to the extent that such events or circumstances are not within the control and not due to fault or negligence of a Party ("Affected Party") and could not have been prevented, avoided or overcome even if the Affected Party had taken reasonable care and shall include, without limitation, acts of God, government or military expropriation, acts of the public enemy, war, riots, civil disturbances, insurrections, accidents, fire, explosions, earthquakes, floods, the elements, strikes, labour disputes, shortages of labour or transportation or any causes beyond the reasonable control of such Party.

"Governmental Authority" shall mean and include the Government of Norway, any governmental, semi-governmental, administrative, fiscal, judicial, or quasi-judicial body, board, department, commission, authority, instrumentality, tribunal, court, agency or other authority exercising powers conferred by Law.

"Intellectual Property" means all patents, copyrights, inventions, trade and service marks, brand names, software and any other intellectual property owned by, used by, permitted to be used by or licensed by or to the Company in the course of provision of the services.

"Law" means all applicable national, foreign, provincial, local or other law including all applicable provisions of all: (a) laws (including common law), bye-laws, statutes, acts of state legislature or parliament, rules, regulations, ordinances, notifications, constitutions, decrees, treaties, codes, enactments, guidelines, policies, circulars, notices, directions, directives or orders of any Governmental Authority, statutory authority, court, tribunal having jurisdiction over the parties; (b) administrative interpretation, directions, directives, injunctions, judgements, decrees, arbitral award, orders or other requirements or official directive of any Governmental Authority or person acting under the authority of any Governmental Authority and / or of any statutory authority, court, tribunal having jurisdiction over the Parties; (c) international treaties, conventions and protocols; as may be in force from time to time.

"Personal Data" has the meaning given to it in the applicable data protection legislation, including but not limited to the EU General Data Protection Regulation (Regulation (EU) 2016/679) ("GDPR")

"Term" shall mean the period during which the license shall be valid and the End User shall be able to access the Product/Application as described in Section 14 ("Term and Termination").

"Services" shall mean usage rights or access rights given to the End User or You, on the websites, Application/Product, digital products, and everything that powers them.

"Fees" means all charges, costs, and expenses payable by the End User to the Licensor as specified under the Pricing and Payment Terms section of the Order Form.

2.1 License

Subject to the limitations of Section 2.2 and the provisions of this EULA, the Licensor grants to the End User a non-transferable, non-sublicensable, and non-exclusive license to use the Software solely as permitted under this EULA.

2.2 Reservation of rights

Except for the license explicitly granted by Clause 2.1, the Licensor reserves all its rights. The End User acknowledges and agrees that the End User is licensed to use the Software only in accordance with the express provisions of this EULA and not otherwise. Licensor reserves the right to change the prices and terms and conditions of this EULA.

2.3 No support, etc

Unless otherwise agreed by the Parties in writing, the Licensor shall have no obligation to upgrade, update, bug-fix, provide support or maintenance services, or to provide assistance or consultancy services in relation to the Software.

3.1 Restrictions

Except to the extent permitted by applicable mandatory law, the End User shall not, unless expressly permitted by any other agreement entered into between the End User and the Licensor: (i) copy or reproduce the Software; (ii) merge the Software with any other software; (iii) translate, adapt, vary, or modify the Software; or (iv) disassemble, decompile, or reverse engineer the Software, or otherwise attempt to derive the source code of the Software; (v) provide, disclose, demonstrate, or otherwise make available the Software to any third party; or (vi) use the Software to provide any services or training for any third party; or (vii) sell, lease, rent, transfer, hire-out, license, sub-license, assign, distribute, publish, charge, pledge, encumber, commercially exploit, or (viii) otherwise deal with the Software, or have any software written or developed that is based on or derived from the Software.

3.2 Acceptance of Third-Party Terms

The End User acknowledges that in installing the Software, it may also be required or have the option to install third party software ("Third Party Software"), and the End User agrees that if it installs the Third Party Software, the End User shall agree to the terms of such Third Party Software ("Third Party Terms"), and that if the End User does install the Third Party Software with or without review of the Third Party Terms, then such installation shall constitute and be deemed acceptance in full of the Third Party Terms by the End User.

3.3 Usage of data

Each Party shall comply with its respective obligations under applicable data protection laws. Each Party shall maintain appropriate administrative, physical, technical and organizational measures that ensure an appropriate level of security for Confidential Information (defined below) and Personal Data. End User is responsible for ensuring that the security of the Software and Services is appropriate for its intended use and the storage, hosting, or processing of personal data and any other categories of data.

4.1 Fee

Customer agrees to pay the Company the fees set forth on the Order Form for the Services, in accordance with the fees, charges, and billing terms set forth in this Agreement ("License Fee"). Except as otherwise provided, all Fees are quoted in USD or as set forth in the Order Form and are non-refundable. Unless otherwise stated in the Order Form, Fees shall be payable quarterly in advance, with payment for each upcoming quarter to be made prior to the commencement of such quarter or any other terms expressly agreed upon by the Parties in writing. Minimum commitments in Order Form are (a) based on Services purchased and not actual usage; and (b) cannot be decreased during the specified term. Customer's payments of fees are contingent on the delivery of future functionality (for example additional hardware) or features, therefore Gateway.fm has a right to ask for the grounded additional compensation in case of the development of any additional support functionality or features.

4.2 Payment

Unless otherwise stated on the Order Form, all Fees are due and payable by Customer within fourteen (14) calendar days following the invoice date. Any payment not received from Customer by the due date shall accrue (except with respect to charges then under reasonable and good faith dispute), at the lower of one percent (1.0%) of the outstanding balance per month (being 12% per annum), or the maximum rate permitted by law, from the date such payment is due until the date paid. Customer shall also pay all sums expended (including, without limitation, reasonable legal fees) in collecting overdue payments.

4.3 Invoicing Terms

The Company will invoice the Customer according to the billing information stated in the Order Form. Invoices are due within fourteen (14) calendar days after receipt of the invoice unless otherwise specified in the Order Form.

4.4 Taxes

All payments due under this EULA are exclusive of all the applicable taxes that may be levied by the Government from time to time, which shall be paid by the Customer to the Company in addition, at the rate and in the manner prescribed by applicable law.

4.5 Withholding of Taxes

If any local law requires the customer to withhold any tax on the amount payable to Licensor, then it shall withhold the tax and remit the balance amount to the Licensor. For the Tax withheld, Customer shall provide to the Licensor with the relevant tax certificate(s). In cases where Customer fails to provide the relevant tax certificates on time, the Customer shall pay the amount equivalent to the withheld tax to the Licensor.

4.6 Suspension

In the event that Customer's account is more than fourteen (14) calendar days overdue on any payment for any reason, the Company shall have the right, in addition to its remedies under this EULA or pursuant to applicable law, to suspend the Services upon five (5) calendar days written notice, provided that the Customer has not made payment of the full balance owed, plus any interest due within such notice period.

4.7 Payment Disputes

The Company shall not exercise its rights to suspend Services, accelerate payment obligations, impose late fees, or modify payment terms under Section 4.2 (Payments) or Section 4.6 (Suspension) with respect to any overdue amount that is subject to a good faith dispute by the Customer, provided that the Customer promptly notifies the Company of the dispute in writing and pays all undisputed amounts when due. Both Parties agree to cooperate in good faith and with reasonable diligence to promptly resolve any such disputed amounts.

5.1 Mutual Representations

Each Party represents and warrants to the other Party as mentioned hereto that:

1. Each Party is duly incorporated and validly existing under the laws applicable to such Party.
2. The execution and delivery of this EULA by each Party shall be performed as per the transactions contemplated hereby and each Party is duly authorized to perform their respective duties under this EULA. Assuming the due authorization, execution and delivery hereof by the other Party, this EULA constitutes a legal, valid and binding obligation on each Party to this EULA, which is enforceable against each Party in accordance with its terms and conditions.
3. The execution, delivery and performance of this EULA by each Party and the transactions contemplated hereby will not (i) violate any provision of the organizational or governance documents of each Party, (ii) violate or conflict with any agreement that the warranting Party may have with any person; (iii) conflict with or result in any material breach or violation of any of the terms and conditions of, or constitute (or with notice or lapse of time or both constitute) a default under, any instrument, or other agreement to which each Party is a party or by which such Party is bound, (iv) violate any order, injunction, judgment or decree against, or binding upon, each Party or upon its respective securities, properties or businesses, or (v) violate any applicable law.

5.2 Disclaimer of Warranties

The express undertakings and warranties given by the Licensor in this EULA are in lieu of all other warranties, conditions, terms, undertakings and obligations, whether express or implied by statute, common law, custom, trade usage, course of dealing or in any other way, including any implied warranty of merchantability, satisfactory quality, fitness for any particular purpose. All of these are excluded to the fullest extent permitted by applicable law. Without limiting the scope of the preceding sentences, the Licensor gives no warranty or guarantee that the Software will meet the End User's requirements, that the use of the Software will be un-interrupted, or that any errors and/or defects in the Software can or will be corrected.

7.1 Limitation on Direct Damages

Except with respect to the End User's indemnification obligations hereunder, or in case of gross negligence or willful misconduct, in no event shall either party, including Gateway.FM AS's suppliers or licensors or providers, have an aggregate liability, if any, arising out of or in any way related to this Agreement exceed the total fees paid by the End User for the Services in the period of twelve (12) months preceding the event that directly gave rise to the damages claimed, without regard to whether such claim is based in contract, tort (including, without limitation, negligence), product liability, or otherwise.

7.2 Waiver of Consequential Damages

Except with respect to End User's indemnification obligations hereunder, or in case of gross negligence, or willful misconduct, in no event shall either party, including Gateway.FM AS's suppliers, licensors, or providers, shall be liable for any indirect, exemplary, special, punitive, or consequential damages, including, without limitation, loss of data or loss of profits, without regard to whether such claim is based in contract, tort (including, without limitation, negligence), product liability, or otherwise, even if such party has been advised of the possibility of such damages.

7.3 Exclusion

The Company shall have no obligation to indemnify, defend, or hold harmless the End User for any claim, loss, liability, damage, cost, or expense, that arises out of or relates to: (a) any modification, or alteration of the Services by by the End User or any third party on behalf of the End User other than the Company; (b) any act or omission of the End User or any of its Authorized Users, including but not limited to negligence, willful misconduct, violation of applicable Law, or breach of this Agreement; or (c) any End User Content, third-party content, or any materials, data, or information provided, uploaded, transmitted, or otherwise made available by the End User or any third party on behalf of the End User.

8.1 Acknowledgements

The End User acknowledges and agrees that software in general is not error-free and agrees that the existence of any errors in the Software shall not constitute a breach of this EULA by the Licensor.

8.2 Viruses, etc

Customer agrees to conduct appropriate virus scanning of the Software prior to installation and use, if required.

8.3 Disclaimer

Except as expressly provided herein, the End User accept the Software "as is" and acknowledges that the Company makes no other warranty of any kind whether express, implied, statutory or otherwise, and disclaims all implied and statutory warranties, including, but not limited to, any implied warranty of merchantability, fitness for a particular purpose or non-infringement. The Company further disclaims any warranty that the Software will meet End User's needs or expectations, be error free, or that the operation of the Software will be uninterrupted, or that the Software errors be corrected.

9.1 Company Ownership

All right, title and interest in and to all, (a) registered and unregistered trademarks, service marks and logos (including all goodwill associated with any trademarks or trade and business names); (b) copyright, copyright applications, and copyrightable ideas, and/or concepts, moral rights, databases, domain names, and including all registrations and applications for, and renewals or extensions of, such rights, and all similar or equivalent rights or forms of protection in any part of the world; (c) trade secrets, proprietary information, and knowhow; (d) all divisions, continuations, reissues, renewals, and extensions thereof now existing or hereafter filed, issued, or acquired; (e) registered and unregistered copyrights including, without limitation, any forms, images, audiovisual displays, text, Software; (f) any patents, registered designs, design rights; and (g) all other intellectual property, proprietary rights or other rights related to intangible property which are used, developed, comprising, embodied in, or practiced in connection with the Software ("Intellectual Property Rights") are owned by the Company or its licensors, as the case may be, and End User agrees to make no claim of interest in or ownership of any such Intellectual Property Rights. End User acknowledges that no title to the Intellectual Property Rights is transferred to End User, and that End User does not obtain any rights, express or implied on the Intellectual Property Rights. To the extent that End User creates any derivative work (any work that is based upon one or more pre-existing versions of a Software provided to End User, such as an enhancement or modification, revision, translation, abridgement, condensation, expansion, collection, compilation or any other form in which such pre-existing works may be recast, transformed or adapted) such derivative work shall be owned by the Company and all right, title and interest in and to each such derivative work shall automatically vest in the Company at all times. The Company shall have no obligation to grant any right in any such derivative work to End User and shall be entitled to require the End User to cease and desist from using or permitting use of the same at its sole discretion.

9.2 End User Data

Any data provided to the Company and any configuration that has been done on the Software by the End User will remain the intellectual Property of the End User. The End User hereby agrees and acknowledges that the source code, the application, the Software and any other derivatives will be the intellectual property of the Company.

10.1 Confidentiality Obligations

End User may use any information, oral or written, that relates to either Party's technical, financial, marketing or other proprietary information relating, without limitation, to business, products, processes, or services, whether or not designated as confidential or proprietary, or that a reasonable party would understand to be confidential or proprietary ("Confidential Information") only in connection with End User's use of the Software as permitted under this EULA. End User will not disclose Confidential Information during the Term or at any time during the 5 (five) year period following the end of the Term. End User will take all reasonable measures to avoid disclosure, dissemination or unauthorized use of Confidential Information, including, at a minimum, those measures End User takes to protect End User's own confidential information of a similar nature. End User will not issue any press release or make any other public communication with respect to this EULA or End User's use of the Software.

10.2 Exceptions

The obligations of confidentiality shall not apply to Parties for:

1. disclosure of Confidential Information that is or becomes generally available to the public other than as a result of disclosure by or at the direction of a Party or any of its representatives in violation of this EULA;
2. disclosure by Parties to its representatives provided such representatives are bound by similar confidentiality obligations; or
3. disclosure, after giving prior notice to the other Parties to the extent practicable under the circumstances and subject to any practicable arrangements to protect confidentiality, to the extent required under the rules of any stock exchange or by applicable law or government regulations or generally accepted accounting principles applicable to any Party or judicial or regulatory process or in connection with any judicial process, regarding any legal action, suit or proceeding, arising out of or relating to this EULA.

10.3 Return of Confidential Information

Upon the expiration or termination of this Agreement for any reason, the receiving Party shall promptly return or destroy all Confidential Information belonging to the disclosing Party at the disclosing Party's written request. Notwithstanding any provision to the contrary in this EULA, the Company shall retain the right to use or share data or information derived from the Services solely as necessary for the provision of the Services.

13.1 General Compliance

Each Party while discharging its obligations under this EULA shall comply with all applicable laws, regulations, and guidelines of Norway, including those enacted by the Government of Norway, relevant regulatory authorities, or any other applicable statutory body from time to time.

13.2 Licensor Approvals

Licensor hereby confirms that it has obtained necessary approval/s, permission from statutory authorities, in respect of their scope of services to be provided under this EULA.

14.1 Term

This EULA shall become effective as of the date on which they are accepted by the Customer ("Effective Date") and shall remain in full force and effect for an initial period of two (2) years from the Effective Date (the "Initial Term"). Upon expiration of the Initial Term, this Agreement shall automatically renew for successive renewal terms of two (2) years each (each, a "Renewal Term"), unless either Party provides the other Party with written notice of its intention not to renew at least ninety (90) calendar days prior to the expiration of the then-current Term. The Initial Term and any Renewal Term(s) shall collectively be referred to as (the "Term").

14.2 Termination for Cause

Either may terminate this EULA if:

1. the other Party commits a material breach (including, in the case of End User, any non-payment of fees due) and, in the case of a material breach capable of being cured, failed to cure that breach within ninety (90) calendar days after the receipt of a request in writing to cure such breach.
2. the other Party have a receiver or administrative receiver appointed of it or over any part of its undertaking or assets or shall pass a resolution for winding up (otherwise than for a purpose of bona-fide scheme of solvent amalgamation or reconstruction) or a court of competent jurisdiction shall make an order to that effect or if the other Party becomes subject to an administration order or shall enter into any voluntary arrangement with its creditors or shall cease or threaten to cease to carry on its business.

14.3 Consequences of termination

In the event of any termination of this EULA for any reason:

1. any licence granted by the Licensor under this EULA shall automatically terminate without further notice, and the End User shall make no further use of, or carry out any other activity in relation to, the Software;
2. any instalments of the Licence Fee due to be paid after the date of termination shall forthwith become due and payable by the End User, and the Licensor shall be under no obligation to reimburse the whole or any part of the Licence Fee; and
3. either Party shall promptly return or destroy all Confidential Information belonging to the other Party at such Party's written request. Notwithstanding any provision to the contrary in this EULA, the Company shall retain the right to use or share data or information derived from the Services solely as necessary for the provision of the Services.

14.4 Suspension due to non-compliance with EULA

Notwithstanding other legal remedies that may be available to, Licensor may in its sole discretion limit Customer activity by immediately removing Customer access either temporarily or indefinitely or suspend or terminate Customer membership, and/or refuse to provide Customer with access to the Software:

1. if the Customer is in breach any of the terms and conditions of this EULA and/or the terms and conditions of usage of Licensor;
2. if the Customer has provided wrong, inaccurate, incomplete or incorrect information;
3. if any of Customer's actions may cause any harm, damage or loss to the other Customers, users or Licensor;
4. illegal and/or unauthorized use of the Software.

16.1 Governing Law

This EULA and the rights and obligations thereunder shall be governed by and construed in accordance with the laws of Norway, without regard to its conflict of law principles. Subject to Clause 16.2 below, the Oslo city courts of Norway shall have the exclusive authority to adjudicate upon any or all disputes arising out of or in connection with this EULA.

16.2 Arbitration

If any dispute or difference of any kind whatsoever shall arise between the Parties in connection with or arising out of this EULA (whether before or after the termination or breach of this EULA) the concerned representatives of the Parties shall promptly and in good faith negotiate with a view to an amicable resolution and settlement of the dispute. In the event, no amicable resolution or settlement is reached within a period of 30 (thirty) calendar days, such dispute or difference shall be referred to a sole arbitrator mutually appointed by the Parties or, upon the failure of the Parties to agree upon a sole arbitrator, within a period of 10 (ten) calendar days, each Party shall appoint one arbitrator each and the two appointed arbitrators shall appoint the third arbitrator who shall act as the presiding arbitrator. Arbitration shall be conducted in accordance with the provisions of the Norwegian Arbitration Act (2004) and any amendments thereof. The arbitration proceedings shall be held in the English language in Norway. The existence of any dispute or difference or the initiation or continuance of the arbitration proceedings shall not postpone or delay the performance by the Parties of their respective obligations pursuant to this EULA. It is agreed that the arbitrators shall also determine and make an award as to the costs of the arbitration proceedings. Notwithstanding anything contained herein, the Parties shall have a right to institute legal proceedings to prevent any continuing breach of the provisions of this EULA or to seek an injunctive or any other specific relief.

17.1 Amendments

This EULA may be amended by the Licensor from time to time.

17.2 Waiver

No waiver shall be deemed effective under this EULA unless in writing signed by the Party against whom the waiver is to be effective. No failure or delay by any Party in exercising any right, power or privilege hereunder, and no course of dealing among or between the Parties hereto, shall operate as a waiver thereof, nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege.

17.3 Severability

If any provision of this EULA is held by a court of competent jurisdiction to be illegal, invalid or unenforceable in any jurisdiction, the remainder of this EULA shall remain in full force and effect, and such holding shall not affect this EULA or any provision hereof in any other jurisdiction. If any provision of this EULA is so held to be illegal, invalid, or unenforceable only in part or degree, that provision shall remain in full force and effect to the extent not held illegal, invalid, or unenforceable.

17.4 Force Majeure

Except for payment obligations for services already rendered, non-performance by either Party of this EULA shall be excused to the extent that performance is rendered impossible by a strike, acts of God, governmental acts or restrictions, failure of suppliers, acts of war or terrorism, or any other reason where failure to perform is beyond the reasonable control of the non-performing Party. The time for performance of this EULA shall be extended for a period equal to the duration of such events.

17.5 Notice

The Company may provide any notice to End User under this EULA by sending a message to the email address then associated with the End User account. The notices provided by the Company by email will be effective when the email is sent. It is End User's responsibility to keep End User's email address current. End User will be deemed to have received any email sent to the email address then associated with the End User account when the Company sends the email, whether or not End User actually receives the email.

To give the notice to the Company under this EULA, End User must contact the Company by personal delivery, overnight courier or registered or certified mail. Notices provided by personal delivery will be effective immediately. Notices provided by overnight couriers will be effective 1 (one) business day after they are sent. Notices provided registered or certified mail will be effective 3 (three) business days after they are sent.

All notices must be sent to the mailing address listed below:

To the Company:
Address: Løkkeveien 109, 4007 STAVANGER, Norway
E-mail: legal@gateway.fm

To the End User:
Notices to Customer may be provided electronically through the Service, by email associated with the Customer's account.

17.6 Marketing

The End User grants the Licensor a non-exclusive, royalty free and non- transferable license to use, reproduce the End User's trademark, logo, service mark, copyright for Licensor's marketing material including on its website, email campaigns, brochures etc. The Licensor may also publish one (1) case study with minimal work from the End User, and feature the End User's information on its website or other promotional platforms.

17.7 Independent Contractors; Non-Exclusive Rights

The Company and End User are independent contractors, and this EULA shall not be construed to create a partnership, joint venture, agency, or employment relationship. Neither party, nor any of their respective affiliates, is an agent of the other for any purpose or has the authority to bind the other.

17.8 Consent by End User

The End User hereby grants express consent and acknowledges that the Company will retain/ store End User data and confidential information, of any nature (either wholly or partially), in the Company's servers or cloud or otherwise in any other medium as may be transmitted/ processed/ passed through the Software.

17.9 Survival

Notwithstanding anything contained in this EULA, any term or condition that by its nature is clearly intended to survive the expiration or termination of the Agreement, shall survive any expiration or termination of the Agreement, including Clause 2 (License), Clause 4 (License Fee), Clause 5 (Representation and Warranties) Clause 6 (Indemnity), Clause 7 (Limitation of Liability) Clause 9 (Intellectual Property Rights), Clause 10 (Confidentiality), Clause 12 (Non-Compete and Non-solicitation), Clause 14 (Term and Termination), Clause 16 (Dispute Resolution and Governing Law) and Clause 17.5 (Notice) and Clause 17.6 (Marketing) and Clause 17.9 (Survival). If any provision of this EULA is held invalid, the remainder of this EULA shall continue in effect.

17.10 Entire Agreement

End User hereby agrees and undertakes that End User is legally entitled and eligible to enter into this EULA and any Order Form or similar agreement ("Agreement") and further agrees and undertakes to be bound by and abide by this Agreement and the person accepting this Agreement, by and on behalf of the entity is authorised representative of the entity and is entitled and is legally authorised to bind the entity on whose behalf this End User is being accepted.