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TERMS OF SERVICE

Last updated: July 2016

This Terms of Service Agreement (the "Agreement") is an agreement between you (the "User") and Bloxmob, Inc. ("Bloxmob", "we", or "us"). We provide Users with access to certain Materials (as defined below) to help our customers create and manage software applications ("Apps") by providing general and personalized content, application hosting services, communication tools and forums, and ecommerce tools and services (collectively, the "Services") directly and through the website and associated domains of http://www.Bloxmob.com (the "Site"). If you have any questions about this Agreement, please email us. This Agreement is the entire Agreement between us. By using the Site in any way you are agreeing to comply with these terms, our Privacy Policy and any other legal notices or conditions or guidelines posted on the Site.

Users who are under 18 years old may use the Services only as permitted by a parent or legal guardian. If you are the parent or legal guardian of a User who is under 18 years old, you (i) consent to such User’s use of the Services, (ii) assume the obligations provided in this Agreement, and (iii) assume full responsibility for such User’s use of the Services.

1. REGISTRATION

To access certain areas or features of the Site or certain Apps, you may be asked to register and to provide Bloxmob with certain information about yourself. Should you choose to register, you hereby represent, warrant, and covenant that: (i) you have the power and authority to enter into this Agreement; and (ii) you are at least 18 years old or have the permission of your parent or legal guardian who is at least 18 years old and agrees to assume the obligations provided in this Agreement and full responsibility for your use of the Services. For information about our privacy practices for Services, click here for the Privacy Policy. You are responsible for providing Bloxmob with true, accurate, and updated information about yourself. If you provide any information that is untrue or inaccurate, or which Bloxmob reasonably believes is untrue or inaccurate, Bloxmob reserves the right to suspend or terminate your use of the Services.

You will not use a username or password that Bloxmob, in its sole discretion, deems offensive or inappropriate. Bloxmob reserves the right to deny creation of your account based on Bloxmob's inability to verify the authenticity of your registration information. You will be solely responsible for maintaining the confidentiality of your password and will not share your password with third parties. You will immediately email us at info@Bloxmob.com to notify us of any known or suspected unauthorized use of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password. You are fully responsible for all usage and activity on your Bloxmob account, including, but not limited to, use of the account by any third party authorized by you to use your username and password. You may terminate your account at any time by contacting us at info@Bloxmob.com. Notwithstanding anything else herein, Bloxmob reserves the right to pursue any and all claims against any user of your account.

2. WHAT WE OWN

All material and services available on the Site and Apps, and all material and services provided by or through Bloxmob, its affiliates, subsidiaries, employees, agents, licensors or other commercial partners including, but not limited to, software, all informational text, software documentation, design of and "look and feel," layout, photographs, graphics, audio, video, messages, App modules, tools, interactive and instant messaging, design and functions, files, documents, images, or other materials, whether publicly posted or privately transmitted as well as all derivative works thereof (collectively, the "Materials"), are owned by us or other parties that have licensed their material or provided services to us, and are protected by copyright, trademark, trade secret and other intellectual property laws. All Bloxmob trademarks and service marks, logos, slogans and taglines are the property of Bloxmob. All other trademarks, service marks, logos, slogans and taglines are the property of their respective owners. Except as otherwise specifically provided herein, nothing should be construed as granting any license or right to use any trademarks, service marks, logos, slogans or taglines displayed on Bloxmob without our express written permission, or the express written permission of such third-party that may own the trademark, service mark, logo, slogan or tagline.

3. RIGHTS TO USE WHAT WE OWN

Subject to this Agreement, Bloxmob hereby grants you a limited, revocable, non-transferable and nonexclusive license to use the Materials to access and use the Services in accordance with the terms of this Agreement. This license does not permit you, and you agree not to: store, copy, reproduce, republish, modify, upload, post, translate, scrape, rent, lease, loan, sell, distribute, transfer, transmit, display, decompile, reverse engineer, reverse assemble, decipher or otherwise attempt to discover any programming code or any source code used in or with the Materials or otherwise distribute in any way the Materials other than as specifically permitted in this Agreement. You may not sell, assign, sublicense, grant a security interest in or otherwise attempt to transfer any right in the Materials, create derivative works based on or in any manner commercially exploit the Materials, in whole or in part, other than as expressly permitted in this Agreement. Any use of the Materials for any purpose other than as specifically permitted herein or without our prior consent or the prior written consent of our licensors, as applicable, is expressly prohibited. We reserve all rights not expressly granted in this Agreement.

As part of the Services, we may provide you a sample App which may be populated with sample content provided by us to illustrate how your final App might look ("Sample Content"). You agree that you will not make this Sample Content publicly available and that you will remove all Sample Content from your App before permitting any third party Users to access or view your App.

4. WHAT YOU PROVIDE TO US

You are legally responsible for all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials uploaded, posted or stored in connection with your use of the Services ("Content"). Bloxmob is not responsible for your Content. You hereby grant Bloxmob a worldwide, royalty-free, nonexclusive license to host and use the Content in order to provide you with the Services and hereby represent and warrant that you have all the rights necessary to grant us such license. You are responsible for any Content that may be lost or unrecoverable through your use of the Services. You are encouraged to archive your Content regularly and frequently.

5. GIVING US ACCESS TO OTHER ACCOUNTS AND SERVICES

Some of our Services may require you to give us access to or require you to provide login information and password information for accounts or services you may have with third party providers. When you provide this information to us or give us access to these third party accounts you agree that you have read all agreements governing such access, login information and passwords and that you have all the necessary contractual and legal rights to give us such access, login information and passwords.

6. COMMENTS AND FEEDBACK

Any questions, comments, suggestions, ideas, feedback, or other information provided by you to us ("Feedback") are not confidential and you hereby grant us a worldwide, perpetual, irrevocable, royalty-free license to reproduce, display, perform, distribute, publish, modify, edit or otherwise use Feeback for any lawful purpose.

7. MONITORING WHAT YOU PROVIDE US

Bloxmob may, but has no obligation to, monitor Content on the Site or Apps created using our Services. We may disclose any information necessary or appropriate to satisfy our legal obligations, protect Bloxmob or its customers, or operate the Services properly. Bloxmob, in its sole discretion, may refuse to post, remove, or require you to remove, any Content, in whole or in part, alleged to be unacceptable, undesirable, inappropriate, or in violation of this Agreement. Bloxmob may, in its discretion, also require you to place all or any portion of the Content behind password protection. If Bloxmob has requested Content be placed or has placed Content behind password protection, you may not publish the password or similar information in any way that limits the effectiveness of the password. If Bloxmob requests that you place any Content behind password protection and you fail to do so promptly, Bloxmob may (a) place such Content behind password protection itself, or (b) immediately terminate this Agreement.

8. COPYRIGHT COMPLAINT POLICY

If you believe any Materials infringe your copyrighted works, you may provide a notification of claimed copyright infringement to Bloxmob by following the directions on our Copyright Complaint Policy.

9. ACCEPTABLE USE

You agree to all of the following:

Bloxmob may determine in its sole discretion whether or not an account is in violation of any of these policies. Violation of any of these policies may result in User information tracking with such information being stored to identify the offending User. Offending Users may be permanently restricted from holding an account or using the Services. If Bloxmob reasonably determines that your account is being used for illegal or fraudulent activity then your account may be immediately terminated and your financial data erased. We may also report you to law enforcement officials in the appropriate jurisdictions.

10. TERMS YOU MUST POST IN YOUR APP

You are responsible for drafting the terms of use and privacy policy for any App developed using the Services and published to any application store. However, the terms of use for your App must designate Bloxmob as a third party beneficiary and must contain intellectual property, limitations of liability, limitations of remedy, disclaimers of warranty and indemnification provisions each for the benefit of Bloxmob which are at least as favorable to Bloxmob as contained in this Agreement. Your App�s privacy policy must contain terms that are at least as protective of a user�s privacy as those contained in this Agreement.

You agree to indemnify and hold harmless Bloxmob and its licensors, suppliers, officers, directors, employees, agents, affiliates, subsidiaries, successors and assigns from and against any and all liability, loss, claim, damages, expense or cost (including but not limited to attorneys� fees), arising from or related to the use of, access to, interaction with or reliance upon, your App, including the purchase, sale or other distribution of Commercial Products.

11. SELLING THROUGH BLOXMOB

Some of our Services and Materials may offer you the opportunity to sell or purchase goods and services through sites hosted or designed by Bloxmob (such goods and services, "Commercial Products"). We are merely providing the platform for buyers and sellers to negotiate and complete transactions for these Commercial Products. When a buyer purchases Commercial Products, payments will be processed through our third party payment service provider. Buyers of Commercial Products will be provided a notice when entering their payment information directing them to the third party payment service provider�s terms of service and privacy policy. These payment services are governed solely by the third party provider�s terms of service and privacy policy. We are not responsible for the actions of these third party service providers. In addition to the other rules and requirements described in this Agreement, you must follow the rules listed below when offering, selling or purchasing Commercial Products.

Without limiting anything else in this Agreement, we may immediately remove Content related to the offer or sale of Commercial Products in violation of this Agreement. If you sell a Commercial Product using our Services, then you must, upon our request, (i) use commercially reasonable efforts to stop the delivery of the Commercial Products to the buyer, or (ii) pay a refund for such Commercial Products to the buyer.

12. FEES

You may select from a number of subscription offers, which are provided to you on the Site.

You can opt to upgrade or downgrade your subscription to any other subscription that Bloxmob is currently offering to the public. In the event of a contract downgrade, a discount credit will be issued to your Bloxmob account for the difference in the cost of the two subscriptions over the remainder of your original contract term. This credit can be applied to future months of service with Bloxmob, and is in no way transferable to a cash refund.

At the end of the subscription term, your subscription will automatically renew for an additional subscription term until explicitly cancelled by you. Cancellation must be issued via your account page on the Site or via Bloxmob�s support addresses. Any cancellation issued via your account page on the Site must be done at least one day prior to the end of the subscription term. Any cancellation not issued via the account page on the Site must be done three days prior to the end of the subscription term to allow for adequate processing time.

Only Services and features clearly indicated as "free" or "no charge" are free or without charge. It is not the responsibility of Bloxmob to provide free support for you in the use and operation of the Services. All other applications, features, functionality and support provided by Bloxmob and its partners are provided for the fees described for each service on the Site ("Fees") and you are liable for such Fees.

If you registered for a trial use of the Services ("Trial Period"), you must decide to purchase the Services within the Trial Period in order to retain any Content that you have posted or uploaded during the Trial Period. If you do not purchase the Services by the end of the Trial Period, your Content will no longer be available to you.

If you purchase any Services that we offer for a Fee, you agree to Bloxmob, or our third party service providers, storing your payment card information. You expressly agree that we are authorized to charge you (i) a monthly Fee for any applicable Services billed on a monthly basis, (ii) any other Fees for Services you may purchase, and (iii) any applicable taxes in connection with your use of the Services to the payment card you provide and to reimburse us for all collection costs and interest for any overdue amounts. If the payment card you provide expires and you do not provide new payment card information or cancel your account, you authorize us to continue billing you and you agree to remain responsible for any uncollected Fees.

13. TAXES

You take full responsibility for all taxes and fees of any nature associated with Services, including any sales tax related to the purchase or sale of Commercial Products. Bloxmob will not be liable for any taxes or other fees to be paid in accordance with or related to the Commercial Products. When purchasing or selling Commercial Products, it is your responsibility to determine whether or not sales taxes apply to a transaction and to collect, report and remit the correct amounts to the appropriate authority. Any tools provided as Materials or in connection with the Services indicating estimated taxes due are for illustration purposes only. You take full responsibility for all taxes and fees of any nature associated with Services, including any sales tax related to the purchase or sale of Commercial Products.

14. TERMINATION

Services may be terminated by us, with or without cause, at any time. Services may be terminated by you, without cause, by following the cancellation procedures set forth above. Notice of termination of Services by Bloxmob may be sent to the contact e-mail associated with your account. Upon termination, Bloxmob has the right to delete all data, files, or other information that is stored in your account.

15. ACCURACY OF DATA

You are solely responsible for the accuracy and appropriateness of all data and Content within your App; including sales tax calculations, product pricing, and product descriptions, shipping charges, contact information, email communications, and electronic payment processing. Bloxmob will not be held responsible for inaccurate information and any potential damages caused by such inaccuracies. You further understand that Bloxmob may not maintain copies of files or documents that are sent by you and that you are solely responsible for backing up this data.

16. THIRD PARTY SITES; THIRD PARTY SERVICES; NO IMPLIED ENDORSEMENT

The Site may contain links to other web sites owned by third parties ("Third Party Sites"). Please note that when you click on any of these links, you are entering another website for which we have no responsibility or control. You may also have the ability through the Site to login to accounts that you have for services provided by third parties ("Third Party Services") or to link accounts for Third Party Services to your Bloxmob account. Bloxmob is not responsible for any activity occurring within Third Party Services, even if logged in through or linked to a Bloxmob account.

You agree that we will not be responsible for any loss or damage of any sort incurred as a result of your use of any Third Party Sites or Third Party Services, whether or not you were linked to or directed to a Third Party Site or Third Party Service through the Site or Services. You acknowledge that Third Party Sites and Third Party Services may be subject to the applicable third party provider�s terms of service, and you are solely responsible for reviewing and complying with any such terms of service. In no event will any reference on the Site or through the Services to any third party, third party website or third party product or service be construed as an approval or endorsement by us of that third party, third party website or of any product or service provided by a third party.

17. DISCLAIMER OF WARRANTY

THE SITE, SERVICES AND MATERIALS ARE PROVIDED "AS IS," "AS AVAILABLE," "WITH ALL FAULTS" AND WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, BLOXMOB AND ITS LICENSORS DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, NEITHER BLOXMOB NOR ITS LICENSORS WARRANT THAT ACCESS TO THE SITE, THE MATERIALS AND/OR THE SERVICES AVAILABLE ON OR THROUGH THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED; NOR DOES BLOXMOB OR ITS LICENSORS MAKE ANY REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, QUALITY, COMPLETENESS, PERFORMANCE, SECURITY, OR SUITABILITY OF THE SERVICES, THE MATERIALS OR THE SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE AND YOUR RELIANCE UPON THE SERVICES OR THE MATERIALS IS AT YOUR SOLE RISK.

IN ADDITION, YOU ACKNOWLEDGE AND AGREE THAT ANY DATA, INFORMATION, CONTENT OR MATERIALS CONTAINED IN OR MADE AVAILABLE IN CONNECTION WITH THE SERVICES IS NOT INTENDED AS A SUBSTITUTE FOR, THE KNOWLEDGE, EXPERTISE, SKILL AND JUDGMENT TAX, LEGAL OR OTHER PROFESSIONALS. THE SERVICES DO NOT PROVIDE TAX OR LEGAL ADVICE. YOU ARE RESPONSIBLE FOR OBTAINING SUCH ADVICE.

FURTHER, BLOXMOB AND ITS LICENSORS MAKE NO REPRESENTATION OR WARRANTIES THAT THE SERVICES OR THE MATERIALS OR THE SITE ARE APPROPRIATE OR AVAILABLE FOR USE IN ALL GEOGRAPHIC LOCATIONS. IF YOU USE THE SITE, THE SERVICES OR THE MATERIALS OUTSIDE THE UNITED STATES OF AMERICA, YOU ARE SOLELY RESPONSIBLE FOR COMPLIANCE WITH ALL APPLICABLE LAWS, INCLUDING WITHOUT LIMITATION EXPORT AND IMPORT REGULATIONS OF OTHER COUNTRIES. NEITHER BLOXMOB NOR ANY THIRD PARTY PROVIDERS, PARTNERS OR AFFILIATES WARRANT THAT THE SITE, ITS SERVERS THE MATERIALS OR THE SERVICES OR ANY E-MAIL SENT FROM THE SITE OR ANY THIRD PARTY PROVIDERS, PARTNERS OR AFFILIATES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

18. LIMITATION OF LIABILITY

WE ARE NOT LIABLE TO YOU OR ANY OTHER PERSON FOR DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION ANY PUNITIVE, EXEMPLARY, CONSEQUENTIAL, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY PERSONAL INJURY, LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR COMPUTER OR OTHERWISE) ARISING FROM OR IN CONNECTION WITH USE OF THE SITE, THE SERVICES, THE APPS, THE MATERIALS, YOUR CONTENT, THE COMMERCIAL PRODUCTS OR ANY THIRD PARTY USER GENERATED CONTENT AVAILABLE ON OR THROUGH THE SITE, WHETHER UNDER A THEORY OF BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, MALPRACTICE OR OTHERWISE, EVEN IF BLOXMOB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU HEREBY RELEASE BLOXMOB AND HOLD BLOXMOB AND ITS PARENTS, SUBSIDIARIES, AFFILIATES, LICENSORS, AND THEIR OFFICERS, DIRECTORS, TRUSTEES, AFFILIATES, SUBCONTRACTORS, AGENTS AND EMPLOYEES, HARMLESS FROM ANY AND ALL CLAIMS, DEMANDS, AND DAMAGES OF EVERY KIND AND NATURE (INCLUDING, WITHOUT LIMITATION, ACTUAL, SPECIAL, INCIDENTAL AND CONSEQUENTIAL), KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SERVICES, MATERIALS, APPS, SITE, YOUR CONTENT, COMMERCIAL PRODUCTS OR ANY THIRD PARTY USER GENERATED CONTENT AVAILABLE ON OR THROUGH THE SITE OR APP. YOU HEREBY WAIVE THE PROVISIONS OF ANY STATE OR LOCAL LAW LIMITING OR PROHIBITING A GENERAL RELEASE.

19. EXCLUSIVE REMEDY

IN THE EVENT OF ANY PROBLEM WITH THE SITE, THE APP, THE SERVICES, THE MATERIALS, YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY IS TO CEASE USING THE SITE, THE SERVICES, THE APP AND THE MATERIALS. UNDER NO CIRCUMSTANCES SHALL BLOXMOB, ITS AFFILIATES, OR LICENSORS BE LIABLE IN ANY WAY FOR YOUR USE OF THE SITE, THE APP, THE SERVICES, THE MATERIALS, YOUR CONTENT, THE COMMERCIAL PRODUCTS OR THIRD PARTY USER GENERATED CONTENT AVAILABLE ON OR THROUGH THE SITE OR ANY APP, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS, ANY INFRINGEMENT OF THE INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHTS OF THIRD PARTIES, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF, OR RELATED TO, THE USE OF THE SITE, THE APP, THE SERVICES, THE MATERIALS, YOUR CONTENT, THE COMMERCIAL PRODUCTS OR ANY THIRD PARTY USER GENERATED CONTENT AVAILABLE ON OR THROUGH THE SITE OR ANY APP. Certain states and/or jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the exclusions set forth above may not apply to you.

20. TERMINATION OF SERVICES, GENERALLY

We may modify, replace, refuse access to, suspend or discontinue the Services, partially or entirely, or add, change and modify prices for all or part of the Services for you or for all our Users at any time and in our sole discretion. All of these changes will be effective upon their posting on the Site or by direct communication to you unless otherwise noted. We further reserve the right to withhold, remove and or discard any content available as part of your account, with or without notice if deemed by us to be contrary to this Agreement. For avoidance of doubt, Bloxmob has no obligation to store, maintain or provide you a copy of any content that you or other Users provide when using the Services.

21. INDEMNIFICATION

You agree to indemnify, hold harmless, and defend Bloxmob and its licensors, suppliers, officers, directors, employees, agents, affiliates, subsidiaries, successors and assigns (collectively "Indemnified Parties") from and against any and all liability, loss, claim, damages, expense, or costs (including but not limited to attorneys� fees), incurred by or made against the Indemnified Parties in connection with any claim arising from or related to (i) your use (or anyone using your account�s use) of the Services, the Site or the Materials, (ii) your App and any Content, or (iii) any Commercial Products you offer on or through the App or using our Services. This includes, but is not limited to, any breach or violation of this Agreement by you or anyone utilizing your account. You agree to fully cooperate at your expense as reasonably required by an Indemnified Party. Each Indemnified Party may, at its election, assume the defense and control of any matter for which it is indemnified hereunder. You will not settle any matter involving an Indemnified Party without the consent of the applicable Indemnified Party.

22. AMENDMENTS

We reserve the right, in our sole discretion, to modify or replace any part of this Agreement at any time, effective upon the date of the change. In the event of a material change, we will post a notice on the Site that we have changed this Agreement. If you have a Bloxmob account, we may (but are not required to) provide you with notice via the email address that we have on file for you that we have changed this Agreement. You and we both understand that sometimes there are issues with email communication. We are not responsible if any email notice gets caught by your SPAM filter and you do not see it, if you have given us the wrong email address (or failed to update your address) or if there are other communications issues that prevent email from reaching you. Therefore, we encourage you to frequently visit this page periodically to monitor any changes. Your continued use of or access to the Services following the posting of any changes to this Agreement constitutes acceptance of those changes.

We may also, in the future, offer new services or features through Site (including the release of new tools and resources). For the avoidance of doubt, such new features and services will be subject to the terms and conditions of this Agreement.

23. DISPUTES

The formation, interpretation and performance of this Agreement and any disputes arising out of it will be governed by the substantive and procedural laws of the state of Texas without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of the United States of America. The exclusive jurisdiction and venue for actions related to the subject matter hereof will be the state and federal courts located in Travis County, Texas, and you hereby submit to the personal jurisdiction of such courts. You hereby waive any right to a jury trial in any proceeding arising out of or related to this Agreement.

24. GENERAL

You acknowledge that a violation or attempted violation of any of this Agreement will cause damages to Bloxmob that will be irreparable, the exact amount of which would be impossible to ascertain and for which there will be no adequate remedy at law. Accordingly, you agree that Bloxmob will be entitled as a matter of right to an injunction issued by any court of competent jurisdiction, restraining such violation or attempted violation of these terms and conditions by you, or your affiliates, partners, or agents, as well as to recover from you any and all costs and expenses sustained or incurred by Bloxmob in obtaining such an injunction, including, without limitation, reasonable attorneys� fees. You agree that no bond or other security will be required in connection with such injunction.

In no event will you be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of Bloxmob, the exploitation of any advertising or other materials issued in connection therewith, or the exploitation of the Site, Services or any content used or displayed through the Site or Services.

If any portion of this Agreement is found to be unenforceable, the remaining portion will remain in full force and effect. If we fail to enforce any of this Agreement, it will not be considered a waiver. Any amendment to or waiver of this Agreement must be made in writing and signed by us. You will not assign or transfer any of your rights or obligations under this Agreement to anyone else without our prior written consent. All of our rights and obligations under this Agreement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise. This Agreement does not confer any third party beneficiary rights. A printed version of this Agreement and of any related notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.