Kaley Romain

Effective starting: Nov 1, 2019:  This website, as published by Transmittals.net hereinafter PUBLISHER, Terms of Use (the “Agreement”) is between you and the PUBLISHER.  If you are agreeing to this Agreement not as an individual but on behalf of any other legal entity, then “Customer” or “you” refers to said legal entity, and you are binding the same  to this Agreement. The PUBLISHER may modify this Agreement from time to time, without notice and continued use of the PUBLISHER services will mean that you accept and agree to the updated terms.

By clicking on the “I agree” (or similar button or checkmark) that is presented to you, or by using or accessing the PUBLISHER products or services, you indicate your assent, with parental approval if under the age of 18, to be bound by this Agreement and the Privacy Policy, which is subordinate to this agreement. In the event of a conflict between these “Terms of Service” and the “Privacy Policy” or any other posting, the “Terms of Service” agreement posted here shall prevail.

1. Definitions. As used in this Agreement:
   1. “Affiliate” means an entity which, directly or indirectly, owns or controls, is owned or is controlled by or is under common ownership or control with a party, where “control” means the power to direct the management or affairs of an entity, and “ownership” means the beneficial ownership of 50% (or, if the applicable jurisdiction does not allow majority ownership, the maximum amount permitted under such law) or more of the voting equity securities or other equivalent voting interests of the entity.
   2. “Agreement” refers, collectively, to all the terms, conditions, notices contained or referenced in this document.
   3. “Agreement Effective Date” is the earlier of the date that you either click “I Agree” to the terms and conditions of this Agreement, or that you first use the PUBLISHER products and/or services..
   4. “Content” refers to content featured or displayed through the Website, including without limitation text, data, articles, images, photographs, graphics, software, applications, designs, features, and other materials that are available through the Service. “User-Generated Content” is Content, written or otherwise, created or uploaded by our Users. “Your Content” is Content that you create or own.
   5. “Documentation” means any online help files provided to Customer by the PUBLISHER. Documentation is considered part of the PUBLISHER Service..
   6. “Hosted Service” refers to web and scan services provided by the PUBLISHER.
   7. “Products” governs (a) The PUBLISHER’s available downloadable software products (“Software”), (b) The PUBLISHER’s hosted or cloud-based solutions (“Hosted Services”), and (c) any related support or maintenance services provided by the PUBLISHER. Software and Hosted Services, together with related Documentation, are referred to as “Products”. The Products and their permitted use are further described in PUBLISHER’s standard documentation (“Documentation”).
   8. “Services” means the Website and Hosted Service provided by the PUBLISHER.
   9. “Software” refers to the PUBLISHER downloadable software product.
   10. “User” means a single person or machine account that initiates the execution of the Product and/or interacts with or directs the Product in the performance of its functions.
   11. “Website” means the PUBLISHER’s website located at kromain.Transmittals.net and all content, services, and products provided by the PUBLISHER at or through the Website. Occasionally, websites owned by the PUBLISHER may provide different or additional terms of service. If those additional terms conflict with this Agreement, the more specific terms apply to the relevant page or service. Other capitalized terms used in this Agreement shall have the meanings set forth herein.
2. Account registration. The PUBLISHER’s services automatically create an account in order to access or receive any Products.  You are responsible for all actions taken through your accounts and to securing their access links and keys.
3. Software Terms.
   1. Your License Rights. Subject to the terms and conditions of this Agreement, the PUBLISHER grants you a non-exclusive, non-sublicensable and non-transferable license to install and use the Software during the applicable License Term in accordance with this Agreement, your applicable Scope of Use, and the Documentation. The term of each Software license (“License Term”) shall terminate upon completion of the PUBLISHER product use and shall not continue in any manner beyond March 31st, 2020. The Product requires a security key in order to operate, which will be delivered as described in Section 5 (Delivery).
   2. Open Source Software in the Products. The Products include components subject to the terms and conditions of “open source” software licenses. To the extent applicable, we will identify open source software included in a Product in or through the Product itself. Some of these licenses require us to provide the open source software to you on the terms of the open source license instead of the terms of the Agreement. In that case, the terms of the open source license will apply, and you will have the rights granted in such licenses to the open source software itself, such as access to source code, right to make modifications, and right to reverse engineer. Notwithstanding the foregoing, if you are using the Products in the form provided to you, in accordance with your permitted Scope of Use, with no distribution of software to third parties, then none of these open source licenses impose any obligations on you beyond what is stated in the Agreement.
4. Hosted Services Terms.
   1. Access to Hosted Services. Subject to the terms and conditions of this Agreement, the PUBLISHER grants you a non-exclusive right to access and use the Hosted Services during the applicable effective Term (as defined below) in accordance with this Agreement, your applicable Scope of Use and the Documentation. If the PUBLISHER offers client software (e.g., a desktop or mobile application) for any Hosted Service, you may use such software solely with the Hosted Service, subject to the terms and conditions of this Agreement. You acknowledge that our Hosted Services are online based products and that we may make changes to the Hosted Services from time to time.
   2. Credentials. You must ensure that all Users keep their links and keys for the Hosted Services strictly confidential and not share such information with any unauthorized person. Links and keys are granted to individual, named persons and may not be shared. You are responsible for any and all actions taken using your accounts, and you agree to immediately notify the PUBLISHER of any unauthorized use of which you become aware.
   3. Your Data. “Your Data” “Your Data” means any data, content, code, video, images or other materials of any type that you upload, submit or otherwise transmit to or through Hosted Services. You will retain all right, title and interest in and to Your Data in the form provided to the PUBLISHER. Subject to the terms of this Agreement, you hereby grant to the PUBLISHER a non-exclusive, worldwide, royalty-free right to (a) collect, use, copy, store, transmit, modify and create derivative works of Your Data, in each case solely to the extent necessary to provide the applicable Hosted Service to you . The PUBLISHER may also access your account or instance in order to respond to your support requests.
   4. Security. The PUBLISHER implements security procedures to help protect Your Data from security attacks. However, you understand that use of the Hosted Services necessarily involves transmission of Your Data over networks that are not owned, operated or controlled by the PUBLISHER, and we are not responsible for any of Your Data lost, altered, intercepted or stored across such networks. We cannot guarantee that our security procedures will be error-free, that transmissions of Your Data will always be secure or that unauthorized third parties will never be able to defeat our security measures or those of our third party service providers.
   5. Responsibility for Your Data.
      1. General. You must ensure that your use of Hosted Services and all Your Data is at all times compliant with all applicable local, state, federal and international laws and regulations (“Laws”). You represent and warrant that: (i) you have obtained all necessary rights, releases and permissions to provide all Your Data to the PUBLISHER and to grant the rights granted to the PUBLISHER in this Agreement and (ii) Your Data and its transfer to and use by the PUBLISHER as authorized by you under this Agreement do not violate any Laws (including without limitation those relating to export control and electronic communications) or rights of any third party, including without limitation any intellectual property rights, rights of privacy, or rights of publicity, and any use, collection and disclosure authorized herein is not inconsistent with the terms of any applicable privacy policies. Other than its security obligations under Section 4.4 (Security), the PUBLISHER assumes no responsibility or liability for Your Data, and you shall be solely responsible for Your Data and the consequences of using, disclosing, storing, or transmitting it.
      2. Sensitive Data. You will not submit to the Hosted Services (or use the Hosted Services to collect): (i) any personally identifiable information, except as necessary for the establishment of your PUBLISHER account; (ii) any patient, medical or other protected health information regulated by HIPAA or any similar federal or state laws, rules or regulations; or (iii) any other information subject to regulation or protection under specific laws such as the Gramm-Leach-Bliley Act (or related rules or regulations) ((i) through (iii), collectively, “Sensitive Data”). You also acknowledge that the PUBLISHER is not acting as your Business Associate or subcontractor (as such terms are defined and used in HIPAA) and that the Hosted Services are not HIPAA compliant. “HIPAA” means the Health Insurance Portability and Accountability Act, as amended and supplemented. Notwithstanding any other provision to the contrary, the PUBLISHER has no liability under this Agreement for Sensitive Data.
      3. Indemnity for Your Data. You will defend, indemnify and hold harmless the PUBLISHER from and against any loss, cost, liability or damage, including attorneys’ fees, for which the PUBLISHER becomes liable arising from or relating to any claim relating to Your Data, including but not limited to any claim brought by a third party alleging that Your Data, or your use of the Hosted Services in breach of this Agreement, infringes or misappropriates the intellectual property rights of a third party or violates applicable law. This indemnification obligation is subject to your receiving (i) prompt written notice of such claim (but in any event notice in sufficient time for you to respond without prejudice); (ii) the exclusive right to control and direct the investigation, defense, or settlement of such claim; and (iii) all reasonable necessary cooperation of the PUBLISHER at your expense.
   6. Removals and Suspension. The PUBLISHER has no obligation to monitor any content uploaded to the Hosted Services. Nonetheless, if we deem such action necessary based on your violation of this Agreement or in response to takedown requests that we receive following our guidelines for Reporting Copyright and Trademark Violations, we may (1) remove Your Data from the Hosted Services or (2) suspend your access to the Hosted Services. We will generally alert you when we take such action and give you a reasonable opportunity to cure your breach, but if we determine that your actions endanger the operation of the Hosted Service or other users, we may suspend your access immediately without notice.  We have no liability to you for removing or deleting Your Data from or suspending your access to any Hosted Services as described in this section.
   7. Deletion at End of Subscription Term. We will destroy and/or delete Your Data within a reasonable period of time after the termination of this agreement or your use of the Products..
5. Delivery. We will deliver the applicable license keys (in the case of Software) or access instructions (in the case of Hosted Services) to you by electronic means.  For the avoidance of doubt, you are responsible for installation of any Software, and you acknowledge that the PUBLISHER has no further delivery obligation with respect to the Software after delivery of the same.
6. Restrictions. Except as otherwise expressly permitted in this Agreement, you will not: (a) rent, lease, reproduce, modify, adapt, create derivative works of, distribute, sell, sublicense, transfer, or provide access to the Products to a third party, (b) use the Products for the benefit of any third party, (c) incorporate any Products into a product or service you provide to a third party, (d) interfere with any license key mechanism in the Products or otherwise circumvent mechanisms in the Products intended to limit your use, (e) reverse engineer, disassemble, decompile, translate, or otherwise seek to obtain or derive the source code, underlying ideas, algorithms, file formats or non-public APIs to any Products, except as permitted by law, (f) remove or obscure any proprietary or other notices contained in any Product, or (g) publicly disseminate information regarding the performance and/or any information within the Products.
7. No-Charge Products We offer the Products along with their related account to you at no charge. Your use of No-Charge Products is subject to any additional terms that we specify and is only permitted for the period designated by us. You may not use No-Charge Products for competitive analysis or similar purposes. We may terminate your right to use No-Charge Products at any time and for any reason in our sole discretion, without liability to you.  To the maximum extent permitted by applicable law, we disclaim all obligations or liabilities with respect to No-Charge Products, including any Support and Maintenance, warranty, and indemnity obligations.
8. WARRANTY DISCLAIMER. ALL PRODUCTS ARE PROVIDED “AS IS,” AND THE PUBLISHER AND ITS ASSOCIATES EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND, INCLUDING ANY WARRANTY OF NON-INFRINGEMENT, TITLE, FITNESS FOR A PARTICULAR PURPOSE, FUNCTIONALITY, OR MERCHANTABILITY, WHETHER EXPRESS, IMPLIED, OR STATUTORY. YOU MAY HAVE OTHER STATUTORY RIGHTS, BUT THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, SHALL BE LIMITED TO THE SHORTEST PERIOD PERMITTED BY LAW. THE PUBLISHER SHALL NOT BE LIABLE FOR DELAYS, INTERRUPTIONS, SERVICE FAILURES AND OTHER PROBLEMS INHERENT IN USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS OR OTHER SYSTEMS OUTSIDE THE REASONABLE CONTROL OF THE PUBLISHER. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER THE PUBLISHER NOR ANY OF ITS THIRD PARTY ACCOCIATES MAKES ANY REPRESENTATION, WARRANTY OR GUARANTEE AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF ANY PRODUCTS OR ANY CONTENT THEREIN OR GENERATED THEREWITH, OR THAT: (A) THE USE OF ANY PRODUCTS WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE; (B) THE PRODUCTS WILL OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM, OR DATA; (C) THE PRODUCTS (OR ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE PRODUCTS) WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS); (D) ANY STORED DATA WILL BE ACCURATE OR RELIABLE OR THAT ANY STORED DATA WILL NOT BE LOST OR CORRUPTED; (E) ERRORS OR DEFECTS WILL BE CORRECTED; OR (F) THE PRODUCTS (OR ANY SERVER(S) THAT MAKE A HOSTED SERVICE AVAILABLE) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
9. Limitation of Liability. NEITHER PARTY (NOR ITS ASSOCIATES) SHALL BE LIABLE FOR ANY LOSS OF USE, LOST OR INACCURATE DATA, FAILURE OF SECURITY MECHANISMS, INTERRUPTION OF BUSINESS, COSTS OF DELAY OR ANY INDIRECT, SPECIAL, INCIDENTAL, RELIANCE OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. NEITHER PARTY’S AGGREGATE LIABILITY TO THE OTHER SHALL EXCEED THE AMOUNT ACTUALLY PAID BY YOU TO US FOR PRODUCTS AND SUPPORT AND MAINTENANCE IN THE 12 MONTHS IMMEDIATELY PRECEDING THE CLAIM. NOTWITHSTANDING ANYTHING ELSE IN THIS AGREEMENT, OUR AGGREGATE LIABILITY TO YOU IN RESPECT OF NO-CHARGE PRODUCTS SHALL BE THE LESSER OF US$0 OR THE LOWEST SUM ALLOWED BY LAW. THIS SECTION (LIMITATION OF LIABILITY) SHALL NOT APPLY TO (1) EITHER PARTY’S EXPRESS INDEMNIFICATION OBLIGATIONS IN THIS AGREEMENT, OR (2) YOUR BREACH OF SECTION 6 (RESTRICTIONS). TO THE MAXIMUM EXTENT PERMITTED BY LAW, NO SUPPLIERS OF ANY THIRD PARTY COMPONENTS INCLUDED IN THE PRODUCTS WILL BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER. The parties agree that the limitations specified in THIS Section (Limitation of Liability) will survive and apply even if any limited remedy specified in this Agreement is found to have failed of its essential purpose.
10. Term and Termination.
    1. Term. The Hosted Services and Software are provided on a subscription basis until the earlier of March 31st, 2020 or Product fulfillment to you (“Subscription Term”). Without exception all Product subscriptions will automatically expire on March 31st, 2020.. If you cancel, your subscription will terminate immediately..
    2. Termination. This Agreement is in effect for as long as you have a valid Subscription Term (the “Term”), unless sooner terminated as permitted in this Agreement. Either party may terminate this Agreement before the expiration of the Term if the other party materially breaches any of the terms of this Agreement and does not cure the breach within thirty (30) days after electronic notice of the breach. Either party may also terminate the Agreement before the expiration of the Term if the other party ceases to operate, declares bankruptcy, or becomes insolvent or otherwise unable to meet its financial obligations. You may terminate this Agreement at any time with notice to the PUBLISHER.  Except where an exclusive remedy may be specified in this Agreement, the exercise by either party of any remedy, including termination, will be without prejudice to any other remedies it may have under this Agreement, by law, or otherwise. Once the Agreement terminates, you (and your Authorized Users) will no longer have any right to use or access any Products, or any information or materials that we make available to you under this Agreement, including the PUBLISHER Confidential Information. You are required to delete any of the foregoing from your systems as applicable and provide written certification to us that you have done so at our request. The following provisions will survive any termination or expiration of this Agreement: Sections 4.5.3 (Indemnity for Your Data), 7 (Verifications), 8 (Restrictions), 9 (Financial Terms), 10 (No-Charge Products) (disclaimers and use restrictions only), 11 (Warranty Disclaimer), 12 (Limitation of Liability), (14 (Term and Termination), 15 (Confidentiality), 16 (Ownership and Feedback), 18 (Export Restrictions), 20 (Governing Law), and 21 (General).
11. Confidentiality.
    1. Definition of Confidential Information. For the purposes of this Agreement, “Confidential Information” means any business or technical information that either one of us discloses to the other, in writing, orally, or by any other means, and including things like computer programs, code, algorithms, data, know-how, formulas, processes, ideas, inventions (whether patentable or not), schematics and other technical, business, financial, and product development plans, names and expertise of employees and consultants, and customer lists. For the purposes of this Agreement, except as expressly set forth in Section 16.1 below, the source code of our Software will be deemed to be the PUBLISHER’s Confidential Information, regardless of whether it is marked as such.
    2. Restrictions on Use and Disclosure. Neither of us will use the other party’s Confidential Information, except as permitted under this Agreement. Each of us agrees to maintain in confidence and protect the other party’s Confidential Information using at least the same degree of care as we use for its own information of a similar nature, but in all events at least a reasonable degree of care. Each of us agrees to take all reasonable precautions to prevent any unauthorized disclosure of the other’s Confidential Information, including, without limitation, disclosing Confidential Information only to its employees, independent contractors, consultants, and legal and financial advisors (collectively, “Representatives”) (i) with a need to know such information, (ii) who are parties to appropriate agreements sufficient to comply with this Section, and (iii) who are informed of the nondisclosure obligations imposed by this Section. Each of us will be responsible for all acts and omissions of our Representatives. The foregoing obligations won’t restrict either of us from disclosing Confidential Information of the other party pursuant to the order or requirement of a court, administrative agency, or other governmental body, provided that the party required to make such a disclosure gives reasonable notice to the other party to enable them to contest such order or requirement. The restrictions set forth in this Section will survive the termination or expiration of this Agreement.
    3. Exclusions. The restrictions set forth in Section 11.2 will not apply with respect to any Confidential Information that: (i) was or becomes publicly known through no fault of the receiving party; (ii) was rightfully known or becomes rightfully known to the receiving party without confidential or proprietary restriction from a source other than the disclosing party who has a right to disclose it; (iii) is approved by the disclosing party for disclosure without restriction in a written document which is signed by a duly authorized entity of such disclosing party; or (iv) the receiving party independently develops without access to or use of the other party’s Confidential Information.
12. Ownership and Feedback. Products are made available on a limited license or access basis, and no ownership right is conveyed to you, irrespective of the use of terms such as “purchase” or “sale”. the PUBLISHER and its licensors have and retain all right, title and interest, including all intellectual property rights, in and to the Products (including all No-Charge Products), their “look and feel”, any and all related or underlying technology, and any modifications or derivative works of the foregoing created by or for the PUBLISHER, including without limitation as they may incorporate Feedback (“PUBLISHER Technology”). From time to time, you may choose to submit comments, information, questions, data, ideas, description of processes, or other information to the PUBLISHER, including sharing Your Modifications or in the course of receiving Support and Maintenance (“Feedback”). The PUBLISHER may in connection with any of its products or services freely use, copy, disclose, license, distribute and exploit any Feedback in any manner without any obligation, royalty or restriction based on intellectual property rights or otherwise. No Feedback will be considered your Confidential Information, and nothing in this Agreement limits the PUBLISHER’s right to independently use, develop, evaluate, or market products, whether incorporating Feedback or otherwise.
13. Export Restrictions. The Products are subject to export restrictions by the United States government and import restrictions by certain foreign governments, and you agree to comply with all applicable export and import laws and regulations in your use of the Products. You shall not (and shall not allow any third-party to) remove or export from the United States or allow the export or re-export of any part of the Products or any direct product thereof: (a) into (or to a national or resident of) any embargoed or terrorist-supporting country; (b) to anyone on the U.S. Commerce Department’s Table of Denial Orders or U.S. Treasury Department’s list of Specially Designated Nationals; (c) to any country to which such export or re-export is restricted or prohibited, or as to which the United States government or any agency thereof requires an export license or other governmental approval at the time of export or re-export without first obtaining such license or approval; or (d) otherwise in violation of any export or import restrictions, laws or regulations of any United States or foreign agency or authority. You represent and warrant that (i) you are not located in, under the control of, or a national or resident of any such prohibited country or on any such prohibited party list and (ii) that none of Your Data is controlled under the US International Traffic in Arms Regulations. The Products are restricted from being used for the design or development of nuclear, chemical, or biological weapons or missile technology without the prior permission of the United States government.
14. Changes to this Agreement. We may update or modify this Agreement from time to time, including any referenced policies and other documents.  If we modify the Agreement during your License Term or Subscription Term, the modified version will be effective immediately upon your next use of the Product. In this case, if you object to the updated Agreement, as your exclusive remedy, you may choose not to continue use of the Product. With respect to No-Charge Products, accepting the updated Agreement is required for you to continue using the No-Charge Products. If you do not agree to the updated Agreement, you will no longer have a right to use No-Charge Products.
15. Governing Law. This Agreement will be governed by and interpreted in accordance with the laws of the State of Arizona, without giving effect to any principles of conflict of laws. The parties expressly agree that the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act will not apply to this Agreement. Any legal action or proceeding arising under, related to or connected with this Agreement will be brought exclusively in the federal (if they have jurisdiction) or state courts located in Phoenix, Arizona and the parties irrevocably consent to the personal jurisdiction and venue there.
16. General.
    1. Availability of Source Code. The Software includes and is distributed with certain open-source components whose licenses require us to make the source code for those components available. The source code for such components will be provided upon request.
    2. Assignment. Customers aren’t allowed to assign or transfer any of your rights or obligations in this Agreement, in whole or in part, by operation of law or otherwise, without our prior written consent, and any attempt by you to do so without our consent will be null and void. We can assign this Agreement in its entirety, upon notice to you but without the requirement to obtain consent.
    3. Severability. In the event that any provision of this Agreement is deemed by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the court will modify or reform this Agreement to give as much effect as possible to that provision. Any provision that can’t be modified or reformed in this way will be deemed deleted, and the remaining provisions of this Agreement will continue in full force and effect.
    4. Notices. Any notice, request, demand or other communication required or permitted under this Agreement should be made electronically through the Hosted Services, should reference this Agreement, and will be deemed to be properly given: (i) upon receipt, if delivered personally; (ii) upon confirmation of receipt by the intended recipient, if by Hosted Services; (iii) five (5) business days after it is sent by registered or certified mail, with written confirmation of receipt; or (iv) three (3) business days after deposit with an internationally recognized express courier, with written confirmation of receipt. Notices should be sent to the address(es) set forth by each party.
    5. Waiver. A party’s obligations under this Agreement can only be waived in a writing signed by an authorized representative of the other party, which waiver will be effective only with respect to the specific obligation described. Any waiver or failure to enforce any provision of this Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
    6. Force Majeure. The PUBLISHER will be excused from performing under this Agreement to the extent that we’re unable to perform due extraordinary causes beyond our reasonable control. That might include things like acts of God, strikes, lockouts, riots, acts of war, epidemics, communication line failure, and power failures.
    7. Independent Contractors. The parties are independent contractors with respect to the subject matter of this Agreement. Nothing contained in this Agreement will be deemed or construed in any manner whatsoever to create a partnership, joint venture, employment, agency, fiduciary, or other similar relationship between the parties, and neither of the parties can bind the other contractually.
    8. U.S. Government End Users. ​No technical data or computer software is developed under this Agreement. The Software and Documentation have been developed solely with private funds, and are considered “Commercial Computer Software” and “Commercial Computer Software Documentation” as described in FAR 12.212, FAR 27.405-3, and DFARS 227.7202-3, and are licensed to the to the U.S. Government end user as restricted computer software and limited rights data. Any use, disclosure, modification, distribution, or reproduction of the Software or Documentation by the U.S. Government or its contractors is subject to the restrictions set forth in this Agreement.
    9. Compliance with Laws. Each party will comply with all federal, state, and local laws applicable to the Licensed Software and their use, this Agreement, and the conduct of its business. In no event will the PUBLISHER be responsible for providing, implementing, configuring, or coding the Software in a manner that complies with any laws or regulatory requirements that apply to Customer’s business or industry, including without limitation, the Health Insurance Portability and Accountability Act (HIPAA) (collectively “Customer Specific Laws”). Customer agrees that it will comply with all such Customer Specific Laws and, regardless of anything to the contrary, in no event will the PUBLISHER, its Affiliates or related entities be held liable for any claim or action arising from or related to Customer’s failure to comply with any Customer Specific Laws.
    10. Amendments; Entire Agreement. Amendments; Entire Agreement. No modification, change, or amendment of this Agreement will be binding upon the parties, unless we both agree to the change in a writing signed by each of our authorized representatives. This Agreement constitutes the entire agreement and understanding of the parties with respect to its subject matter, and supersedes any and all prior or contemporaneous understandings and agreements, whether oral or written, between the parties with respect to its subject matter.
    11. No Other Terms. This Agreement is the only agreement between us, and the terms of any purchase order, written terms or conditions, or other document that you submit to us that contain terms that are different from, in conflict with, or in addition to the terms of this Agreement or any Order Form are hereby rejected by the PUBLISHER, and will be void and of no effect.