AMBASSADOR TERMS OF SERVICE

Datawire, Inc., a Delaware corporation (d/b/a Ambassador) (“Ambassador”, “we” or “our”) is providing these Terms of Service (the “Agreement”) to establish the terms and conditions under which Ambassador will allow the person or entity agreeing to these terms ("Customer" or "you") to access and use Ambassador’s Software Products and/or SaaS Products (as such terms are defined below) and provide Customer Data to Ambassador. Customer and Ambassador agree that this Agreement is effective on the earlier of the date the Customer places an Order for any Application or commences using an Application.

BY USING THE SERVICE OR BY PAYING ANY RELATED INVOICE FOR THE AMBASSADOR APPLICATIONS, YOU ARE AGREEING TO THESE TERMS. If you are entering into this Agreement on behalf of a company or other legal entity, you represent that you have the authority to commit the entity to the Agreement and the term "Customer" or "you" will refer to that entity. By clicking on the “Agree” (or similar button or checkbox) that is presented to you at the time of establishing an account or placing an Order, or by using or accessing an Application, you confirm you are bound by this Agreement.

TERMS AND CONDITIONS

1. DEFINITIONS

a) “Affiliate” means all entities controlling, controlled by or under common control with either party.

b) “Application” means the applicable Software Products or SaaS Products made available to Customer by Ambassador. The terms of this Agreement apply to both SaaS Products and Software Products, although certain terms apply only to SaaS Products or Software Products, as specified herein.

c) “Authorized Users” means individuals who are authorized by Customer to use the applicable Application, including but not limited to Customer and its employees, consultants, contractors and agents.

d) “Customer Data” means the data inputted by Customer or its Authorized Users for the purpose of using a SaaS Product.

e) “Documentation” means user manuals and any other materials, including updates thereto, in any form or medium made generally available by Ambassador to Authorized Users regarding the proper installation and use of an Application.

f) “Maintenance” means Ambassador developed Updates to an Application, including updated Documentation, as Ambassador may provide from time to time to customers without requirement of a separate license agreement or an additional charge.

g) “Order(s)” means Ambassador’s ordering document or online order specifying the Application(s) that is governed by and incorporated by reference into this Agreement.

h) “SaaS Products” means the web-based API development platform made available by Ambassador.

i) “Scope of Use” means Customer’s entitlements to the Applications specified in an Order, which may include: (a) number of API projects or instances (with respect to SaaS Products), (b) traffic or user counts (with respect to the Telepresence remote development environment), (c) total http request volume (with respect to the Edge Stack API Gateway), or (d) other restrictions or billable units (as applicable).

j) “Software Products” means Ambassador’s software products that are installed and deployed in a Customer-controlled environment, and any generally-available bug fixes and Updates it provides to Customer, including through Support.

k) “Subscription Term” means the period that Customer has the right to use an Application and associated Documentation as set forth in the applicable Order, including the Initial Term and any Renewal Terms.

I) “Support” means technical assistance provided by Ambassador for the ongoing use of an Application in accordance with Ambassador’s then-current support policy set forth at https://getambassador.io/support.

m) “Updates” means modifications, upgrades, and enhancements that are delivered, or made available, to Customer by Ambassador.

2. USE OF THE APPLICATIONS

a. Use of the Application(s) and Documentation. Subject to the terms and conditions of this Agreement, Ambassador hereby grants to Customer and Customer hereby accepts from Ambassador a limited, non-exclusive, non-transferable (except as permitted herein) and non-sublicensable right during the applicable Subscription Term to use the Application(s) and Documentation for its internal purposes (i.e. not as a service bureau) and in accordance with the Scope of Use. Ambassador will make the Application(s) available to Customer and, if set forth in an Order, provide Support and maintenance for the Application, which includes access to bug fixes, patches, and other Updates to the Application, if and when such bug fixes, patches, and other Updates are made available by Ambassador to its customers generally. Only Authorized Users may access and use the SaaS Products.

b. Reservation of Rights. Ambassador and its licensors solely own all right, title and interest, including all Intellectual Property Rights, in and to the Applications and Documentation, any and all related or underlying technology, and any modifications or derivative works of the foregoing created, used, or provided by Ambassador for the purposes of this Agreement. “Intellectual Property Rights” means any and all rights in trademarks and tradenames, patent rights, rights in know-how, copyrights, trade secret rights, moral rights, and any other intellectual property or proprietary rights eligible for protection under the laws of any country, state, or jurisdiction including registrations and applications therefor, and divisionals, divisions, continuations, continuations-in-part, patents of addition, provisionals, reissues, renewals, extensions, certificates of reexamination, foreign counterparts, international counterparts, and extensions thereof.

c. Customer Data. Customer hereby grants to Ambassador a limited, non-exclusive, royalty-free right and license to access, use, copy, transmit, display, and host Customer Data and any third party applications and program code created by or on behalf of Customer for use by Customer with an Application (i) as necessary for Ambassador to perform its obligations hereunder (including, without limitation, Ambassador’s post-termination obligations) and (ii) to provide the Application(s) to Customer and the Authorized Users. Ambassador hereby acknowledges and agrees that all rights, title and interest in and to Customer Data are and shall remain the property of Customer and all Intellectual Property Rights therein are and will remain the property of Customer. Customer will not provide Ambassador with any Customer Data that includes Payment Card Industry data or Personal Health Information data or any other sensitive personal data.

d. Beta Products. From time to time, Ambassador may offer new “Beta” features, tools or products on a free trial basis, which customers may test or evaluate. Such features, tools and products are offered solely for experimental and evaluation purposes and without any warranty of any kind, and may be modified or discontinued at Ambassador’s sole discretion. Beta features, tools, and products are offered without any warranty of any kind and are provided on an “AS IS", “AS AVAILABLE” basis.

e. Feedback. Ambassador may in connection with any of its products or services freely use, copy, disclose, license, distribute and exploit any comments, ideas, suggestions, feedback or other information you choose to submit to Ambassador related to the Applications (“Feedback”). Feedback shall not be considered Confidential Information, and Ambassador will not have any obligations with respect to your Feedback.

f. Open-Source Software. Certain portions of some Applications may be subject to an open-source license, which when required by such license is included with the Documentation (“OSS License”). Customer’s license rights with respect to open-source software subject to an OSS License are defined by the terms of the applicable OSS License.

g. Proprietary Markings. Customer shall not remove or alter any Intellectual Property Rights notices or other proprietary markings on the Applications or copies thereof, including without limitation, any trademarks, trade names, trade dress, service marks, logos or other similar branding material or any copyright notices from the footer, navigation bar, login, or any other place in an Application. Customer shall not place any Intellectual Property Rights notices, including limitation, any trademarks, trade names, trade dress, service marks, logos or other branding material on the Applications except with Ambassador’s express prior written consent.

h. Reseller Orders. This Agreement applies whether you purchase an Application directly from Ambassador or through Ambassador partners or authorized resellers (each, a “Reseller”). If you purchase through a Reseller, your Scope of Use shall be as stated in the Order placed by Reseller for you, and the Reseller is responsible for the accuracy of any such Order. Resellers are not authorized to make any promises or commitments on Ambassador’s behalf, and we are not bound by any obligations to you other than what we specify in this Agreement. If you purchase any Application through a Reseller, you owe payment to the Reseller as agreed between you and the Reseller, but you acknowledge that we may terminate your rights to use Application if we do not receive our corresponding payment from the Reseller

3. CUSTOMER’S RESPONSIBILITIES

a. Account Credentials. Customer is solely responsible for maintaining the confidentiality of the administrator and Authorized User logon identifications, passwords, and account information for its use of an Application.

b. Compliance and Use. Customer shall be responsible for Authorized Users’ compliance with this Agreement; be responsible for the accuracy, quality, integrity and legality of Customer Data; use commercially reasonable efforts to prevent unauthorized access to or use of the Application(s) and all Documentation and promptly notify Ambassador in writing of any such unauthorized access or use or violation by Customer or its Authorized Users of this Agreement; use the Application(s) only in accordance with the Documentation; and use the Application(s) and all Documentation in compliance all applicable laws and government regulations. If there is unauthorized use of any Application or Documentation by anyone who obtained access to such Application or Documentation directly or indirectly through Customer, Customer will take all steps reasonably necessary to terminate the unauthorized use. Customer will cooperate and assist with any actions taken by Ambassador to prevent or terminate unauthorized use of an Application or any Documentation. Customer may not make an Application available to anyone other than Authorized Users; use an Application to store or transmit infringing or otherwise unlawful or tortious material, or to store or transmit material in violation of third party privacy rights; use an Application to store or transmit malicious code; interfere with or disrupt the integrity or performance of an Application; or attempt to gain unauthorized access to an Application or related systems or networks. Customer agrees to cooperate as reasonably necessary to confirm that your use and deployment of any Software Product is in compliance with Customer’s Scope of Use.

c. Restrictions. Customer may not resell or otherwise transfer for value an Application without the written consent of Ambassador. Neither party shall export, ship, transmit, or re-export an Application in violation of any applicable law or regulation, including, without limitation, the Export Administration Regulations issued by the United States Department of Commerce and the United States trade embargoes and economic sanctions administered by the U.S. Treasury Department, Office of Foreign Assets Control, or any such similar law or regulation. Customer agrees not to: (i) modify, decompile, disassemble or reverse engineer the Application(s); (ii) distribute, rent, lease or lend the Application(s); or (iii) use the Application(s) except as expressly permitted under this Agreement.

4. SECURITY

a. Security. Ambassador will have in place an information security policy and shall implement and maintain industry standard physical, technical and organizational measures and safeguards designed to protect the security and confidentiality of Customer Data against unlawful or accidental access to, or unauthorized processing, disclosure, destruction, damage or loss of Customer Data.

b. Deletion at End of Subscription Term. With respect to SaaS Products, within 30 days of any termination or expiration of your Subscription Term, we will delete your Customer Data, including passwords and all related information, unless you request an earlier deletion in writing.

5. PAYMENT AND FEES

a. Delivery. We will deliver the necessary download and/or login instructions, as applicable to your use of the Application(s), to the email addresses specified upon execution of your Order. All deliveries under this Agreement will be electronic.

b. Fees. Customer will pay Ambassador the fees and any other amounts owing under this Agreement, plus any applicable Taxes. Unless otherwise specified in the applicable Order, all amounts payable under this Agreement are denominated in U.S. dollars, and Customer will pay all such amounts in U.S. dollars. Other than as expressly set forth herein, all amounts are non-refundable and non-cancelable. If Customer increases its use of an Application beyond the Scope of Use contained in the relevant Order, Ambassador shall invoice Customer for such incremental usage based on the applicable pricing schedule. Billing for any increased consumption will be coterminous with the then-current Subscription Term and be invoiced for the prorated months left in the then-current billing period.

c. Invoices and Payment Terms. The fees relating to accessing an Application (the “Subscription Fees”) for the Initial Term will be invoiced upon execution of the applicable Order and, for each Renewal Term, at the commencement of such Renewal Term. Ambassador will give Customer at least thirty days’ notice of any increase in the Subscription Fees prior to the end of the Initial Term or any Renewal Term.

d. Late Payments. Any amount not paid when due will be subject to finance charges equal to 1.5% of the unpaid balance per month or the highest rate permitted by applicable law.

e. Taxes. Ambassador’s fees do not include any taxes, levies, duties, or similar governmental assessments of any nature, including, for example, value-added, sales, use or withholding taxes (collectively, “Taxes”). Customer is responsible for paying all Taxes associated with its purchases under this Agreement. If Ambassador has the legal obligation to remit or collect Taxes for which Customer is responsible, the Taxes owing shall be invoiced to, and paid by Customer, unless Customer provides Ambassador with a valid tax exemption certificate. Ambassador is solely responsible for Taxes assessable against Ambassador based on its income, property or employees.

6. TERM, RENEWAL, AND TERMINATION

a. Subscription Term. The initial Subscription Term will be as specified in the Order (the “Initial Term”). The Subscription Term will automatically renew for successive one year periods (each, a “Renewal Term”) unless a party provides the other party written notice thirty days in advance of the expiry of the Initial Term or then-current Renewal Term, as applicable, of its desire to terminate the Order. Upon termination by Customer for an uncured breach by Ambassador pursuant to Section 6(b), Ambassador will pay Customer a pro-rata refund of any prepaid but unused Subscription Fees.

b. Termination for Material Breach. Either party may terminate this Agreement upon written notice to the other party if the other party fails to cure a material breach of this Agreement within thirty days of written notice of the breach from the terminating party.

c. Effect of Termination. Upon termination of this Agreement, you (and your Authorized Users) will no longer have any right to use or access any Application, or any information or materials that we make available to you under this Agreement, including Ambassador Confidential Information, and you shall, within 30 days of termination or expiration, delete any of the foregoing from your systems as applicable (including any third party systems operated on your behalf) and provide written certification to us that you have done so at our request.

d. Survival. Sections 2(b) (Reservation of Rights), 2(c) (Customer Data), 2(e) (Feedback), 2(g) (Proprietary Markings), (3 (Customer’s Responsibilities), 4(b) (Deletion at end of Term), 5 (Payment and Fees), 6 (Term, Renewal, and Termination), 7 (Confidentiality), 8 (Warranties and Disclaimer), 9 (Indemnification), 10 (Limitations of Liability), and 11 (General) shall survive the termination of this Agreement.

7. CONFIDENTIALITY

a. Definition. As used herein, “Confidential Information” means all confidential information disclosed by or otherwise obtained from a party (“Disclosing Party”) to or by the other party (“Receiving Party”), whether orally, visually, or in writing, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure. Customer’s Confidential Information includes Customer Data; Ambassador’s Confidential Information includes the Application(s), the Documentation and the product of all services and Ambassador’s financial, security, architectural or similar information; and Confidential Information of each party shall include the terms and conditions of this Agreement and each Order, as well as business and marketing plans, technology and technical information, product plans and designs, and business processes disclosed by or on behalf of such party. However, Confidential Information does not include any information that is or becomes generally known to the public without breach of any obligation owed to the Disclosing Party, was known to the Receiving Party prior to its disclosure by the Disclosing Party without breach of any obligation owed to the Disclosing Party, is received from a third party without breach of any obligation owed to the Disclosing Party, or was independently developed by the Receiving Party.

b. Protection of Confidential Information. Except as otherwise permitted in writing by the Disclosing Party, the Receiving Party shall use the same degree of care that it uses to protect the confidentiality of its own confidential information of like kind (but in no event less than reasonable care) not to disclose or use any Confidential Information of the Disclosing Party for any purpose outside the scope of this Agreement, and limit access to Confidential Information of the Disclosing Party to those of its employees, contractors, and agents who need such access for purposes consistent with this Agreement and who have confidentiality obligations to the Receiving Party containing protections no less stringent than those herein. The Receiving Party may disclose Confidential Information of the Disclosing Party if it is compelled by law to do so, provided the Receiving Party gives the Disclosing Party prior notice of such compelled disclosure (to the extent legally permitted) and reasonable assistance, at the Disclosing Party’s cost, if the Disclosing Party wishes to contest the disclosure. The confidentiality and non-disclosure obligations set forth in this Section 7 shall remain in effect for a period of three years from the date of disclosure, notwithstanding earlier termination or expiration of this Agreement, except with respect to trade secret information, which shall remain in effect indefinitely.

8. WARRANTIES AND DISCLAIMER

a. Warranties. Each party represents and warrants to the other that: (i) this Agreement has been duly executed and delivered and constitutes a valid and binding agreement enforceable against such party in accordance with its terms; and (ii) no authorization or approval from any third party is required in connection with such party’s execution, delivery, or performance of this Agreement; and (iii) it shall comply with all laws, rules, regulations and ordinances applicable to the performance of its obligations under this Agreement.

b. Disclaimer. EXCEPT AS SET FORTH HEREIN, THE APPLICATION(S), ACCESS THERETO, THE DOCUMENTATION AND ANY SERVICES PROVIDED HEREUNDER ARE PROVIDED ON AN “AS IS” BASIS, AND AMBASSADOR DOES NOT WARRANT THAT OPERATION OF ANY APPLICATION WILL BE UNINTERRUPTED OR ERROR FREE. EXCEPT AS EXPRESSLY SET FORTH HEREIN, AMBASSADOR MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESSED OR IMPLIED, WITH RESPECT TO ANY APPLICATION, ITS QUALITY, PERFORMANCE, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.

9. INDEMNIFICATION

a. Indemnification by Ambassador. Ambassador shall defend Customer against any claim, demand, suit, or proceeding (“Claim”) made or brought against Customer by a third party alleging that the use of any Application as permitted hereunder infringes or misappropriates any U.S. Intellectual Property Rights of a third party, and shall indemnify Customer for any damages awarded against Customer, and for reasonable attorney’s fees incurred by Customer in connection with any such Claim; provided, that Customer promptly gives Ambassador written notice of the Claim; gives Ambassador sole control of the defense and settlement of the Claim (provided that Ambassador may not settle any Claim unless the settlement unconditionally releases Customer of all liability); and provides to Ambassador all reasonable assistance, at Ambassador’s expense.

b. Exclusions from Obligations. Ambassador will have no obligation under this Section 9 for any infringement or misappropriation to the extent that it arises out of or is based upon use of an Application in combination with other products or services if such infringement or misappropriation would not have arisen but for such combination; use of an Application by Customer for purposes not intended or outside the scope of the license granted to Customer; or unauthorized use of an Application, including any modification of an Application by any person other than Ambassador or its authorized agents.

c. Mitigation of Infringement Action. If Customer’s use of any Application is, or in Ambassador’s reasonable opinion is likely to become, enjoined or materially diminished as a result of a proceeding arising under Section 9.a) (Indemnification by Ambassador), then Ambassador will either: procure the continuing right of Customer to use the Application; replace or modify the Application in a functionally equivalent manner so that it no longer infringes; or if, despite its commercially reasonable efforts, Ambassador is unable to do either (i) or (ii), Ambassador will terminate Customer’s right with respect to the Application and refund to Customer all unused Subscription Fees pre-paid by Customer with respect to such Application.

d. Limited Remedy. This Section 9 states Ambassador’s sole and exclusive liability, and Customer’s sole and exclusive remedy, for the actual or alleged infringement or misappropriation of any third-party intellectual property right by any Application.

10. LIMITATIONS OF LIABILITY

a. Limitation of Liability. To the maximum extent permitted by applicable law, and except for: (i) either party’s gross negligence or intentional misconduct; (ii) Customer’s payment obligations under this Agreement; or (iii) any violation of a party’s obligations under Section 3(c) (Restrictions) or Section 7 (Confidentiality), each party’s entire liability for any causes of action arising under this Agreement or related to an Application shall be limited to the amount paid by Customer under this Agreement within twelve months prior to the event giving rise to the claim.

b. Disclaimer of Consequential or Indirect Damages. EXCEPT FOR ANY VIOLATION OF A PARTY’S OBLIGATIONS UNDER SECTION 3(C) (RESTRICTIONS) OR SECTION 7 (CONFIDENTIALITY), IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER FOR LOST PROFITS, LOSS OF USE, OR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, WHETHER IN CONTRACT, TORT, OR ANY OTHER THEORY OF LIABILITY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

11. GENERAL

a. Relationship. The relationship between the parties is that of independent contractors and nothing contained in this Agreement shall be construed as creating any agency, partnership, joint venture, or other form of joint enterprise between the parties. Neither party shall have authority to contract for or bind the other party.

b. No Third-Party Beneficiaries. This Agreement is for the sole benefit of the parties and their respective permitted successors and permitted assigns and nothing herein, express or implied, is intended to or shall confer on any other individual or entity any legal or equitable right, benefit or remedy of any nature whatsoever under or by reason of this Agreement.

c. Assignment and Subcontracting. This Agreement is binding upon, and inures to the benefit of, the parties hereto and their respective successors and permitted assigns. Neither party may assign this Agreement without the other party’s prior written consent, which shall not be unreasonably withheld. Notwithstanding the foregoing, each party may assign its rights and obligations under this Agreement without the other party’s consent to an Affiliate or other entity that is not a direct competitor with the other party pursuant to a sale or transfer of substantially all of a party’s assets to, merger with, acquisition by, or consolidation with that Affiliate or other entity. Ambassador may subcontract to an Affiliate or other third party to perform its duties under this Agreement so long as Ambassador remains responsible for all of its obligations under this Agreement.

d. Notices. Any notice under this Agreement must be given in writing. Ambassador may provide notice to you by mail at the address stated on your most recent Order or via email at the email address listed on the Order or maintained by Customer’s then-active administrator of Customer’s Ambassador account. You may provide notice to us by mailing such notice to us at 1905 Sherman St., Suite 200, PMB #1318, Denver, Colorado, 80203 (Attn: Legal Dept.) or via email at legal@datawire.io. Notices hereunder shall be deemed given: (i) one business day after being sent by overnight courier to the party’s mailing address; (ii) three business days after being sent by registered mail, return receipt requested, to the party’s mailing address; or (iii) one business day after being sent by email to the party’s email address (provided that the sender does not receive a response that the message could not be delivered). Either party may change its address(es) for notice by providing notice to the other in accordance with this paragraph. Ambassador may broadcast general notices or messages through the applicable Application or by posting notices or messages on Ambassador’s web site to inform Customer of changes to an Application or similar matters.

e. Trademarks. Neither party shall issue or release any announcement, statement, press release, or other publicity or marketing materials relating to this Agreement or, unless expressly permitted under this Agreement, otherwise use the other party's trademarks, service marks, trade names or logos without the prior written consent of the other party, provided, however, that you authorize Ambassador to publicly disclose that you are a customer and use your name and logo to identify you as a customer on our website and marketing materials.

f. Force Majeure. Neither party shall be liable to the other for any delay or failure to perform any obligation under this Agreement (except for a failure to pay fees) if the delay or failure is due to unforeseen events which are beyond the reasonable control of such party, such as a strike, blockade, war, act of terrorism, riot, natural disaster, failure or diminishment of power or telecommunications or data networks or services, or refusal of a license by a government agency.

g. U.S. Federal Government End Use Provisions. The Application(s), including any software or technology provided hereunder for ultimate federal government end use, or that are otherwise subject to the Federal Acquisition Regulations (FAR), are “Commercial Items” as defined in 48 C.F.R. 2.101 and are being provided as commercial computer software and commercial computer software documentation subject to restricted rights described in 48 C.F.R. 2.101, 12.211 and 12.212. If such items are acquired by or on behalf of any agency within the Department of Defense ("DOD"), then they are subject to the terms of the Agreement as specified in 48 C.F.R. 227.7202-3 of the DOD FAR Supplement ("DFARS") and its successors. This Section 11(g) is in lieu of, and supersedes, any other FAR, DFARS, or other clause or provision that addresses government rights in computer software or technical data. If a government agency needs additional rights beyond those customarily given by Ambassador to the public, Customer must negotiate with Ambassador a mutually acceptable written addendum to this Agreement specifically granting those rights.

h. Waiver. The waiver or failure of either party to exercise in any respect any right provided for in this Agreement shall not be deemed a waiver of any further or future right under this Agreement.

i. Severability. If any of the terms of this Agreement are invalid or unenforceable, the court shall reform the Agreement to include an enforceable term as close to the intent of the original term as possible, and all other terms shall remain unchanged.

j. Amendments. Except as expressly stated herein, any waiver, modification, or amendment of any provision of this Agreement will be effective only if in writing and signed by duly authorized representatives of the parties, and in no case can be modified or supplemented by any other written or oral statements, proposals, service descriptions, or purchase order forms. For clarification purposes, neither Ambassador’s acceptance of Customer’s purchase order nor Ambassador’s commencement of performance under this Agreement shall constitute acceptance of any terms, conditions, or other provisions contained therein, and neither party shall have any obligation to honor any additional or conflicting terms unless contained in a written agreement signed by an authorized representative of both parties.

k. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed to be an original, but all of which together shall constitute one and the same agreement. A facsimile or other electronic signature on this Agreement may be relied on as an original for all purposes.

l. Governing Law. This Agreement is governed under the laws of the State of Delaware, without regard to its conflicts of laws principles. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.

m. Entire Agreement. This Agreement, including the Orders, constitutes the sole and entire agreement of the Parties with respect to the subject matter contained herein and therein and supersedes all prior and contemporaneous understandings, agreements, representations and warranties (including additional or differing terms and conditions referenced in any Customer purchase orders), both written and oral, with respect to such subject matter. In the event of any inconsistency between the Agreement and an Order, the terms of the Order shall govern.

Last Updated: October 1, 2024