Terms of Service

Access to and use of the Services, including any associated Software, is governed by these Terms. Customer may use the Services in accordance with these Terms.

From time to time, PaperLink may update the Services and these Terms. PaperLink will notify Customer of any material changes during their next login to the Platform or at the email address associated with the account. If PaperLink makes changes that materially reduce the functionality of the Services, Customer may provide notice within thirty days to terminate these Terms. This termination right does not apply to updates made to beta or evaluation features. If Customer does not agree with the changes, they have the right to terminate by ceasing to use the Services and closing their account.

a. Generally. Certain Services may allow Customer and End Users to download Software that updates automatically. PaperLink grants to Customer during the Term a limited, non-exclusive license to use the Software solely in connection with the Services and according to these Terms. This license is non-transferable (subject to Section 14.2), non-sublicensable, and irrevocable (except as provided in Section 8), and will be fully paid upon Customer's payment of the Fees.

b. Open Source. Where any Software component is offered under an open source license, PaperLink will make such license available to Customer. To the extent that license grants Customer additional rights, those provisions will override certain provisions of these Terms solely for that Software component.

Certain Services or portions thereof may be subject to additional terms specific to those Services, as set forth in Service-Specific Terms. By using Services covered by Service-Specific Terms, you agree to those additional terms. In case of conflict between these Terms and Service-Specific Terms, the Service-Specific Terms will prevail for the applicable Services. Additional policies, guidelines, or rules posted on the Services may also apply to your use.

PaperLink may make certain reference Materials available through the Services, including NDA templates. These Materials are provided for informational purposes only, and PaperLink makes no representations or warranties regarding their validity, reliability, or sufficiency. The Materials are not intended to constitute legal advice or create an attorney-client relationship. Customer acknowledges that each situation requires specific legal knowledge, and any party should seek legal advice from a licensed attorney in the relevant jurisdictions.

PaperLink reserves the right to access Customer's account as necessary to provide the Services. Customer agrees that we may, but are not obligated to: (a) monitor the Services or Customer Data for violations of these Terms and compliance with our policies; (b) refuse, restrict, or remove access to Materials or Customer Data without prior notice, at any time, for any reason or no reason; (c) report violations to law enforcement and/or take legal action; or (d) manage the Services to protect our rights and property and ensure proper Service functioning.

The Services may include links to Third Party Services and Third Party Materials. PaperLink does not own or operate these Third Party Services and does not endorse them. If Customer uses any Third Party Services or Materials: (a) Customer is solely responsible for such use; (b) PaperLink is not responsible for any third party actions, omissions, or the availability and accuracy of Third Party Services or Materials; and (c) these Terms do not apply to Third Party Services. Before using a Third Party Service, you should review its terms, privacy policy, and other documents.

To use the Services, Customers and End Users must register through our online registration process and authenticate using the authentication protocols provided. Account information must be accurate, current, and complete, and Customer agrees to maintain this information up-to-date. The PaperLink Privacy Policy for the applicable Services will govern account information.

a. Provisioning. Customer may provision End User Accounts up to the number of End User Licenses purchased. Each End User Account requires a paid End User License, and multiple individuals may not share End User Accounts.

b. Additional End Users. The Services may be configured to allow Administrators or End Users to purchase additional End User Licenses. Customer is responsible for understanding the settings and controls for purchasing End User Licenses and provisioning new End User Accounts. PaperLink will charge Customer the applicable pro-rated amount for additional End User Licenses based on Customer's then-current price.

Customers are responsible for maintaining confidentiality of their authentication methods used to access the Services, including Authentication Credentials. Customer and its End Users may not share Authentication Credentials or, without PaperLink's permission, provide others access to or transfer Customer's account or any End User Account.

Customer will prevent unauthorized use of the Services by its End Users and terminate any unauthorized use of or access to the Services. The Services are not intended for End Users under 13 years of age in the United States or under 16 outside of the United States. Customer will ensure that no person under 13 within the United States or under 16 outside the United States is allowed to use the Services. If You are under 18, You must have parental or legal guardian consent to use the Services. By allowing a minor to use the Services, the parent or legal guardian acknowledges and accepts full responsibility for the minor's actions and compliance with these Terms. Customer is responsible for any activity using its account, whether or not authorized by Customer. Any unauthorized use of your account should be immediately reported to PaperLink in writing by sending an email to info@codestreamly.com.

Customer may access and use the Services only for lawful purposes. Customer will not (and will not permit any third party to): (a) sublicense, rent, lease, transfer, assign, time share, or otherwise commercially exploit or make the Services, Software, or any End User Licenses available to any third party; (b) use the Services in any unlawful manner (including in violation of any data, privacy or export control laws) or in any manner that interferes with or disrupts the integrity or performance of the Services or its components; (c) modify, adapt or hack the Services to, or otherwise attempt to, gain unauthorized access to the Services or related systems or networks; (d) circumvent, disable or otherwise interfere with security-related features of the Services or features that prevent or restrict use or copying of any Materials or enforce limitations on use of Materials; or (e) copy, modify, create derivative works of, reverse engineer, reverse assemble or otherwise attempt to discover any source code. Customer will comply with any codes of conduct, policies, or other notices PaperLink provides or publishes in connection with the Services, and Customer will promptly notify PaperLink if it learns of any security breach related to the Services. Customer agrees not to access the Services by any means other than through the interface provided by PaperLink, unless otherwise specifically authorized in a separate written agreement signed by a PaperLink authorized signatory.

When using the Services, Customer: (a) represents and warrants that it owns or has sufficient rights to upload Customer Data on or through the Services; (b) will not copy, upload, download, or share Customer Data unless it has the legal right to do so; (c) will not upload content that violates PaperLink's rights or any third party's rights, including rights of privacy or publicity, Intellectual Property Rights, or contract rights; (d) will fully comply with any third-party licenses relating to Customer Data, including paying all royalties, fees and any other monies relating to content uploaded to the Services; (e) will not upload or submit content that (i) is defamatory, damaging, disruptive, unlawful, inappropriate, offensive, inaccurate, pornographic, vulgar, indecent, profane, hateful, racially or ethnically offensive, obscene, lewd, lascivious, filthy, threatening, violent, harassing, or otherwise objectionable; (ii) incites, encourages or threatens physical harm against another, including content that promotes racism, bigotry, sexism, religious intolerance or harm against any group or individual; or (iii) contains material that solicits personal information from anyone under 13 or exploits anyone in a sexual, violent or unlawful manner; (f) will not use the Services for any unlawful or unauthorized purpose including collecting user names and/or email addresses of other users by electronic or any other means for the purpose of sending unsolicited email or other electronic communications, or engaging in unauthorized framing of, or linking to, the Services without prior express written consent signed by a PaperLink authorized signatory; (g) will not upload or submit content that constitutes, contains, installs or attempts to install or promotes spyware, malware or other computer code, whether on PaperLink's or others' computers or equipment, designated to enable you or others to gather information about or monitor the online or other activities of another party; (h) will not transmit chain letters, bulk or junk email or interfere with, disrupt, or create an undue burden on the Services or the networks or systems connected to the Services, including hacking into the Services, or using the Services to send unsolicited or commercial emails, bulletins, comments or other communications; and (i) will not impersonate any other person or entity, provide false or misleading identification, payment or address information, or invade the privacy, or violate the personal or proprietary right, of any person or entity.

These Terms constitute Customer's instructions to PaperLink to process Customer Data. PaperLink, PaperLink personnel and its Subcontractors will only process, access, use, store, and transfer Customer Data as instructed by Customer in order to deliver the Services and as specified in these Terms.

Customer is responsible for retaining and backing up Customer Data. PaperLink will not be liable for any loss or corruption of Customer Data, or for any costs or expenses associated with backing up or restoring any Customer Data. Customer acknowledges that it bears sole responsibility for adequate backup and retention of Customer Data, and that using a secure encrypted connection to communicate with the Services is Customer's sole responsibility if it wishes to protect transmission of data or files to PaperLink. PaperLink will have no liability to you for any corruption, deletion, destruction or loss of any Customer Data.

PaperLink may generate data that has been de-identified, anonymized and aggregated with other de-identified, anonymized data (including from other customers) based on Customer's use of the Services and use such data for any of the following purposes: internal research and development; development of tools, methodologies, algorithms and processes; machine learning; risk management; fraud prevention; enhancing products, services and features; developing new products, services and features; and conducting and furthering PaperLink business.

Customer is responsible for retaining and storing Customer Data in compliance with applicable law. If Customer is legally required to retain or store copies of Customer Data, Customer must do so using its own facilities.

PaperLink may transfer Customer Data to and access, use, and store Customer Data in locations other than Customer's country. To the extent Customer Data includes Personal Data that is subject to the GDPR (European Union), CCPA (California, USA), or PIPEDA (Canada) that PaperLink is Processing on Customer's behalf, the processing will be governed by our Privacy Policy and applicable data protection regulations.

Except as set forth herein, these Terms do not grant: (a) PaperLink any Intellectual Property Rights in Customer Data; or (b) Customer any Intellectual Property Rights in the Services, Materials, or PaperLink trademarks and brand features. Customer acknowledges that it is obtaining only a limited right to use the Services and that regardless of any use of the words "purchase", "sale" or similar terms, no ownership rights are transferred to Customer (or its End Users) under these Terms.

Customer grants PaperLink only the limited rights reasonably necessary for PaperLink to deliver the Services in accordance with these Terms. This limited permission also extends to Subcontractors or Sub-processors.

Please be aware that we may use any Feedback sent to us in any form or manner without any obligation to Customer. By submitting Feedback to us, Customer: (i) assigns to PaperLink all of its right, title and interest in and to all such Feedback; and (ii) agrees to provide any reasonable assistance necessary to document and maintain PaperLink's rights in the Feedback. In the event that such assignment is not valid, Customer agrees and grants to PaperLink a royalty-free, worldwide, perpetual license to use or incorporate any Feedback into the Services.

Customer will pay PaperLink all applicable Fees in the currency and pursuant to the payment terms indicated during the subscription process. Payments are processed through our payment provider, Paddle.com Market Limited ("Paddle"), who acts as Merchant of Record for all transactions. Customer authorizes PaperLink, through Paddle, to charge Customer for all applicable Fees using Customer's selected payment method. Fees are non-refundable except as required by law or as otherwise specifically permitted in Section 5.8 (Refund Policy) below.

Customer will pay invoices on the payment interval set forth during subscription. PaperLink may suspend or terminate the Services if Fees are past due. Customer will provide complete and accurate billing and contact information.

Fees are exclusive of taxes and Customer is responsible for all Taxes. Paddle, as Merchant of Record, will charge Taxes when required to do so based on Customer's location. If Customer provides a valid exemption certificate, the applicable taxes may not be collected.

Customer will pay net of any applicable Withholding Taxes. Customer and PaperLink will work together to avoid any Withholding Tax if exemptions, or a reduced treaty withholding rate, are available. Customer will provide reasonable evidence that it has paid the relevant authority for any sum withheld or deducted.

IF CUSTOMER HAS PROVIDED A PAYMENT METHOD FOR RECURRING CHARGES AND CUSTOMER'S ACCOUNT IS SET TO AUTO-RENEWAL OR IS IN A TRIAL PERIOD, PAPERLINK MAY CHARGE AUTOMATICALLY AT THE END OF THE TRIAL OR FOR THE RENEWAL THROUGH PADDLE, UNLESS CUSTOMER DISABLES AUTO-RENEWAL OR CANCELS THE SERVICES IN ACCORDANCE WITH SECTION 7.2.

PaperLink may revise Services rates by providing Customer at least thirty days' notice prior to the next charge.

If Customer requires the use of a purchase order or purchase order number, Customer: (i) must provide the purchase order number at the time of purchase; and (ii) agrees that any terms and conditions on a Customer purchase order will not apply to these Terms and are null and void.

If you are a consumer in the European Union, you have the right to withdraw from your purchase within 14 days without giving any reason. However, by subscribing to the Services and requesting immediate access, you expressly acknowledge that you waive your right of withdrawal once the Services are provided and access is granted. For details on refund eligibility, please review Section 5.8 (Refund Policy) below.

PaperLink offers refunds under the following circumstances:

• 14-Day Money-Back Guarantee: New subscribers may request a full refund within 14 days of their initial purchase if they are not satisfied with the Services. This applies to first-time purchases only.
• Service Unavailability: If the Services are unavailable for more than 72 consecutive hours due to issues within PaperLink's control, Customer may request a prorated refund for the affected period.
• Billing Errors: If Customer is charged incorrectly, PaperLink will refund the erroneous amount upon verification.

Non-Refundable: Refunds are not available for: (i) renewals after the initial 14-day period; (ii) partial months of service; (iii) unused features or time; (iv) accounts terminated for violation of these Terms.

To request a refund, contact us at info@codestreamly.com with your account details and reason for the request. Refunds are processed through Paddle within 5-10 business days.

The Services are sold on a subscription basis. PaperLink will deliver the Services to Customer for the Services Term. Unless the parties agree otherwise in writing, any increases in quantities of Services purchased during any Services Term will have a prorated term ending on the last day of the pre-existing Services Term.

Following the Initial Services Term or a Renewal Term, Customer's subscription to the Services will automatically renew for a Renewal Term at the then-current quantity, unless either party provides written notice of termination to the other (in the case of Customer, via email to info@codestreamly.com) at least thirty days prior to the expiration of the then-current Services Term for subscriptions less than one year and at least sixty days prior to expiration of the then-current Services Term for subscriptions of one year or more. If Customer has purchased the Services online via self-serve and provided a payment method for recurring charges, Customer may elect to terminate the Terms via the account settings prior to the day a Renewal Term begins. PaperLink reserves the right to change prices for any renewal subscription.

The Services may be configured to allow Administrators or End Users to purchase additional subscriptions or quantities of Services. Customer is responsible for understanding the settings and controls for purchasing additional Services. PaperLink will charge Customer the applicable pro-rated amount for additional Services for the remainder of the then-current Services Term based on Customer's then-current price.

These Terms will remain in effect for the Term.

You may terminate your account by sending a cancellation request to info@codestreamly.com or by following the notice procedures for Subscription Services provided in Section 6.2, as applicable. Termination of your Account and these Terms will take effect after PaperLink processes the cancellation at the conclusion of the then-current Services Term.

PaperLink may, in its sole discretion, immediately terminate these Terms and suspend Customer's access to the Services if required to do so by law or for an egregious violation by Customer of Section 2.5 or Section 2.6 of the Terms.

Either party may terminate the Terms if: (i) the other party is in material breach of the Terms and fails to cure that breach within thirty days after receipt of written notice; or (ii) the other party ceases its business operations or becomes subject to insolvency proceedings and the proceedings are not dismissed within ninety days.

If these Terms terminate, except as set forth in this Section, the rights and licenses granted by PaperLink to Customer will cease immediately. For a period of up to 30 days following termination, PaperLink may, in its sole discretion, permit Customer to retrieve Customer Data from the Services. PaperLink may delete Customer Data from the Services and will have no obligation to continue to store or permit Customer to retrieve Customer Data. Post-termination assistance from PaperLink is subject to the mutual agreement of the parties, including fees and terms PaperLink specifies for such assistance.

The Service may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by PaperLink or by third-party providers, or because of other causes beyond our reasonable control.

THE SERVICES, SOFTWARE, MATERIALS, AND ANY RELATED DOCUMENTATION ARE PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, EXCEPT AS EXPRESSLY STATED IN THE TERMS, PAPERLINK AND ITS AFFILIATES, SUPPLIERS, AND DISTRIBUTORS MAKE NO WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, OR NON-INFRINGEMENT. PAPERLINK MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE THAT SERVICES WILL MEET CUSTOMER'S REQUIREMENTS OR EXPECTATIONS, THAT CUSTOMER DATA WILL BE ACCURATE, COMPLETE, OR PRESERVED WITHOUT LOSS, OR THAT THE SERVICES WILL BE TIMELY, UNINTERRUPTED OR ERROR-FREE. PAPERLINK WILL NOT BE RESPONSIBLE OR LIABLE IN ANY MANNER FOR ANY CUSTOMER DATA, THIRD-PARTY SERVICES, THIRD-PARTY MATERIALS, ANY CONTENT UPLOADED TO THE SERVICES BY ANY THIRD PARTY, OR NON-PAPERLINK SERVICES (INCLUDING FOR ANY DELAYS, INTERRUPTIONS, TRANSMISSION ERRORS, SECURITY FAILURES, AND OTHER PROBLEMS CAUSED BY THESE ITEMS). CUSTOMER IS RESPONSIBLE FOR USING THE SERVICES OR SOFTWARE IN ACCORDANCE WITH THE TERMS SET FORTH HEREIN AND BACKING UP ANY DATA ON THE SERVICES.

9.3.1 Use In Customer's Discretion. Despite anything to the contrary in the Terms: (a) Customer may choose to use Beta Services in its sole discretion; (b) Beta Services may not be supported and may be changed at any time without notice; (c) Beta Services may not be as reliable or available as the Services; (d) Beta Services have not been subjected to the same Security Measures and auditing to which the Services have been subjected; and (e) PAPERLINK WILL HAVE NO LIABILITY ARISING OUT OF OR IN CONNECTION WITH BETA SERVICES – USE AT YOUR OWN RISK.

9.3.2 Feedback. PaperLink offers Beta Services in order to obtain user feedback. In exchange for using Beta Services, Customer agrees that PaperLink may contact Customer and its End Users to obtain Feedback regarding Beta Services.

9.3.3 Confidential. Beta Services are confidential until officially launched by PaperLink. Customer will take reasonable measures to keep information regarding the Beta Services confidential, including at least those measures Customer takes to protect its own confidential information of a similar nature. Customer will not disclose information regarding Beta Services to any third parties, and will keep new features and functionality confidential until officially launched by PaperLink. Customer may disclose information regarding Beta Services to the extent required by law or regulation if Customer gives PaperLink reasonable advance written notice, to the extent permitted, so PaperLink can seek to prevent or limit the disclosure.

TO THE FULLEST EXTENT PERMITTED BY LAW, EXCEPT FOR PAPERLINK OR CUSTOMER'S INDEMNIFICATION OBLIGATIONS, NEITHER CUSTOMER NOR PAPERLINK AND ITS AFFILIATES, SUPPLIERS, AND DISTRIBUTORS WILL BE LIABLE UNDER THE TERMS FOR (I) INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR (II) LOSS OF USE, DATA, BUSINESS, REVENUES, OR PROFITS (IN EACH CASE WHETHER DIRECT OR INDIRECT), EVEN IF THE PARTY KNEW OR SHOULD HAVE KNOWN THAT SUCH DAMAGES WERE POSSIBLE AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

TO THE FULLEST EXTENT PERMITTED BY LAW, PAPERLINK'S AGGREGATE LIABILITY UNDER THE TERMS WILL NOT EXCEED THE AMOUNT PAID BY CUSTOMER TO PAPERLINK HEREUNDER DURING THE TWELVE MONTHS PRIOR TO THE EVENT GIVING RISE TO LIABILITY. FOR FREE ACCESS SUBSCRIPTIONS OR BETA SERVICES, PAPERLINK'S TOTAL LIABILITY WILL NOT EXCEED, IN AGGREGATE, FIFTY U.S. DOLLARS ($50).

EACH PARTY ACKNOWLEDGES AND AGREES THAT THIS SECTION 10 IS A FUNDAMENTAL BASIS OF THE BARGAIN AND A REASONABLE ALLOCATION OF RISK BETWEEN THE PARTIES AND WILL SURVIVE AND APPLY TO ANY CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS, ANY PAPERLINK SERVICES OR ANY RELATED SERVICES, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE), EVEN IF ANY LIMITED REMEDY IN THESE TERMS IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

Before filing a claim, each party agrees to try to resolve the dispute by contacting the other party through the notice procedures in Section 14.3. If a dispute is not resolved within sixty days of notice, Customer or PaperLink may bring a formal proceeding.

Customer and PaperLink agree to resolve any claims relating to the Terms or the Services through final and binding individual arbitration, except as set forth below. This includes disputes arising out of or relating to the interpretation or application of this "Arbitration" subsection, including its scope, enforceability, revocability, or validity. The arbitration will be held in a location both parties agree to in writing. The arbitrator may award relief only individually and only to the extent necessary to redress Customer's or PaperLink's individual claim(s); the arbitrator may not award relief on behalf of others or the general public. Our past, present and future affiliates and agents may invoke our rights under this "Disputes" Section in the event they become involved in a dispute with you; otherwise, these Terms do not give rights to any third parties. This arbitration agreement does not apply to consumers in the European Union, who retain their statutory right to bring claims in their local courts.

Either party may bring a lawsuit in the courts of Ukraine solely for injunctive relief to stop unauthorized use or abuse of the Services or infringement of Intellectual Property Rights without first engaging in the informal dispute notice process described above. Both Customer and PaperLink consent to venue and personal jurisdiction there.

Customer may only resolve disputes with PaperLink on an individual basis and may not bring a claim in a class, consolidated or representative action. Class arbitrations, class actions, private attorney general actions and consolidation with other arbitrations are not allowed.

If any part of this "Disputes" section is found to be illegal or unenforceable, the remainder will remain in effect, except that if a finding of partial illegality or unenforceability would allow class or representative arbitration, this "Disputes" section will be unenforceable in its entirety. If you are found to have a non-waivable right to bring a particular claim or to request a particular form of relief that the arbitrator lacks authority to redress or award according to this "Disputes" section, then only that respective claim or request for relief may be brought in court, and you and we agree that litigation of any such claim or request for relief shall be stayed pending the resolution of any individual claim(s) or request(s) for relief in arbitration.

Upon receiving a dispute, PaperLink will initiate an internal review within 48 hours. Resolution will typically occur within 10 business days, though some issues may require up to 30 calendar days. We will keep the involved parties informed of the progress and any relevant updates during the resolution process.

PaperLink may change these Terms from time to time. Customers can review the most current version of these Terms at any time at https://paperlink.online/en/terms. The revised provisions will become effective once posted or on any effective date indicated in the posting, and you accept the revised provisions by accessing or using the Service after that date.

Customer may not assign these Terms without the prior written consent of PaperLink. PaperLink may assign or transfer these Terms, in whole or in part, without restriction.

Notices must be sent via email. Notices to PaperLink must be sent to info@codestreamly.com.

Except for payment obligations, neither PaperLink nor Customer will be liable for inadequate performance to the extent caused by a condition that was beyond the party's reasonable control (for example, natural disaster, act of war or terrorism, riot, labor condition, governmental action, Internet disturbance, DDOS attacks, and similar cyber disruptions).

If any provision of these Terms is found to be unenforceable or invalid, that provision will be modified or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable; and an enforceable term will be substituted reflecting our intent as closely as possible.

No agency, partnership, joint venture, or employment is created as a result of these Terms and Customer does not have any authority of any kind to bind PaperLink in any respect whatsoever; instead, our relationship is that of independent contractors.

These Terms create no third party beneficiary rights to the PaperLink product or to any third party product made available through the Service.

Section headings are for ease of reference only.

PaperLink reserves the right to use Customer's name and logo for marketing or promotional purposes on PaperLink's website and in other communication with existing or potential PaperLink customers.

These Terms will be governed by the laws of Ukraine, exclusive of its choice of law and conflicts of law provisions. Unless otherwise elected by PaperLink in a particular instance, you expressly agree to submit to the exclusive personal jurisdiction of the courts located in Ukraine for the purpose of resolving any dispute relating to your access to or use of the Service, subject to Section 13. The Convention for the International Sale of Goods will not apply.

Customer acknowledges that information you share with us may be collected, used, and disclosed as described in the Privacy Policy. Please carefully review our Privacy Policy to understand how PaperLink collects and uses personal information.

Both parties agree that these Terms are the complete and exclusive statement of the mutual understanding of the parties and supersede and cancel all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms, and that all waivers and modifications must be in a writing signed by both parties, except as otherwise provided.

The following will survive any termination of these Terms: Sections 1.5, 1.7, 3.3, 3.4, 4, 8, 9, 10, 11, 12, 13, and 14; all indemnity provisions and all disclaimers and limitations of warranties and damages set forth in these Terms or otherwise existing at law; all definitions used in the foregoing sections, regardless of where located; and all perpetual licenses granted under these Terms that are not expressly terminated.