END USER LICENSE AGREEMENT
PLEASE READ THIS END USER LICENSE AGREEMENT CAREFULLY BEFORE ACCEPTING. THIS END USER LICENSE AGREEMENT (“AGREEMENT”) IS A BINDING AGREEMENT BETWEEN YOU (REFERRED TO HEREIN AS “YOU” OR “YOUR”) AND SYSTEM STRATEGY, INC. AND ITS AFFILIATES (“SSI”). THIS AGREEMENT IS EFFECTIVE AS OF THE DATE YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT BY SELECTING THE “I AGREE” OPTION (“EFFECTIVE DATE”).
BY ACCEPTING THIS AGREEMENT, YOU ARE AGREEING ON BEHALF OF YOURSELF OR THE ENTITY DOWNLOADING AND/OR USING THE SSI PROGRAM (DEFINED BELOW). YOU REPRESENT AND WARRANT THAT: (1) YOU ARE AT LEAST 18 YEARS OF AGE; AND (2) IF ON BEHALF OF AN ENTITY, YOU HAVE THE AUTHORITY TO BIND THE ENTITY. IF YOU ARE NOT AT LEAST 18 YEARS OF AGE, DO NOT HAVE THE AUTHORITY TO BIND THE ENTITY AND/OR DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, THEN YOU ARE NOT AUTHORIZED TO DOWNLOAD OR USE THE SSI PROGRAM.
1. DEFINITIONS
a) “Device” means a smartphone, desktop computer, portable computer, workstation, tablet or other similar device owned or otherwise controlled by you or the entity authorizing your use.
b) “Feedback” means suggestions, enhancement requests, recommendations, code contributions or other feedback you might have related to the use and performance of the SSI Program.
c) “Modifications” means any work based on or incorporating all or any portion of the SSI Program, including, without limitation, modifications, updates, enhancements, customizations, supplements and any derivative works made to the SSI Program.
d) “SSI Program” means the SSI product or service that SSI may make available for you to access, stream and use via the Internet pursuant to this Agreement together with all software, training courses, training videos, information, documentation, materials and/or Modifications provided by SSI to you in connection with such SSI product or service.
2. TERM. This Agreement begins on the Effective Date and continues as long as you use the SSI Program, or until the Agreement is terminated in accordance with the terms set forth herein.
3. LICENSE.
a) Subject to the terms and conditions of this Agreement, and on payment of license fees in full, SSI grants to you a limited, revocable, non-exclusive, non-transferable license to access, stream, and use the SSI Program and any related documentation on a Device strictly in accordance with this Agreement during the Term. This license is limited, and SSI expressly reserves all other rights. The terms and conditions of this Agreement apply to any Modifications, unless SSI provides you with additional or different terms along with the Modifications;
b)You will pay all license fees related to the SSI Program utilizing the online payment portal on the SSI website, or otherwise in accordance with this Agreement. Payment of all outstanding fees is a condition precedent to accessing the SSI Program. SSI retains the right to immediately terminate access to the SSI Program if license fees are not paid. You agree that any license payments are irrevocable, non-refundable, non-cancellable and non-terminable.
4. USERNAMES AND PASSWORDS.
During the registration process, you may be provided a generated username and/or password or be required to choose a username and a password. When choosing a username, you must abide by the following guidelines as well as the rules of common decency. If SSI finds such a username to be offensive or improper, SSI will be entitled, in its sole and absolute discretion, to change the name and/or terminate your use of the SSI Program. You may not select the name of another person with the intent to impersonate that person; a name that violates any trademark rights, copyright or other proprietary right; or a name that is vulgar, offensive, defamatory, obscene, hatefully or otherwise objectionable.
Any passwords used for the SSI Program are for individual use only. You may not share or distribute to a third party any login name or password used for accessing the SSI Program. SSI reserves the right to monitor any account for multiple logins. In the event that SSI believes at its sole discretion that an account is being used by multiple users at the same time, SSI reserves the right to terminate that account without any notice or refund. You will be responsible for the security of your password. SSI will be entitled to monitor your password and, at its discretion, require you to change it. If you use a password that SSI considers insecure, SSI will be entitled to require the password to be changed and/or terminate your account. In the event that you become aware of or reasonably suspect any breach of security, you must immediately notify SSI. SSI reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing SSI to disclose the identity of anyone posting any e-mails or messages, transmitting or publishing or otherwise making available any materials that are believed to violate this Agreement. BY ACCEPTING THIS AGREEMENT, YOU WAIVE AND HOLD HARMLESS SSI FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY SSI DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SSI OR LAW ENFORCEMENT AUTHORITIES.
5. RESTRICTIONS. You may use the SSI Program only as expressly permitted in this Agreement and as set forth in the SSI Program. You agree to comply with all applicable laws and regulations in using the SSI Program As a condition of your use of the SSI Program, you warrant to SSI that you will not use the SSI Program for any purpose that is unlawful or prohibited by this Agreement. You will not (and will not authorize or cooperate with any party to):
- a) access the SSI Program via any means other than over the Internet using authorized login credentials;
- b) post online any documentation, materials, or recordings that contain, feature, or reference the SSI Program or otherwise breach the terms of this Agreement;
- c) create Modifications without the express written permission of SSI;
- d) take any action that imposes an unreasonable load on the SSI Program infrastructure;
- e) use any device, software or routine to interfere or attempt to interfere with the proper working or security of the SSI Program;
- f) attempt to decipher, decompile, disassemble, or reverse engineer any of the software comprising or making up the SSI Program;
- g) use or attempt to use spiders, robots, avatars, intelligent agents, or any other extraction or navigation search in retrieving information from the SSI Program;
- h)aggregate, copy, or duplicate any of the materials or information available from the SSI Program;
- i) access data not intended for the individual user;
- j) use or post the proprietary material of any third party, such as files containing software or other material protected by intellectual property laws (or by rights of privacy or publicity);
- k) advocate illegal activity or discuss an intent to commit an illegal act;
- l) engage in any action in connection with the SSI Program to violate any law or attempt to violate any law;
- m) permit any other party to access the SSI Program, sell or otherwise transfer your profile;
- n) transmit the SSI Program, in whole or in part, electronically by any means;
- o) use the SSI Program as part of any effort to compete with SSI or otherwise use the SSI Program for any revenue-generating endeavor or commercial enterprise for your own personal profit;
- p) harass, annoy, intimidate, or threaten any of SSI’s employees or agents engaged in providing any portion of the SSI Program to you;
- q) disparage, tarnish, or otherwise harm, in SSI's sole opinion, SSI and/or the SSI Program;
- r) impersonate any person or entity or provide false information in the SSI Program, whether directly or indirectly, or otherwise perform any manipulation in order to disguise your identity or the origin of any message or transmittal to or in the SSI Program;
- s) falsely state or otherwise misrepresent your affiliation with any person or entity or provide incorrect, outdated, or incomplete information in the registration process or otherwise;
- t) transmit, or procure the sending of, any advertising or promotional material including any "junk mail", "chain letter" or "spam" or any other similar solicitation;
- u) exploit, harm or attempt to exploit or harm others, including minors, in any way by exposing them to inappropriate or objectionable content, asking for personally identifiable information or otherwise;
- v) post or upload any objectionable content including defamatory commentary and hate speech about religion, gender, race and other targeted groups, sexually suggestive or explicit material, portrayals of violence or content that encourages or incites violence, bullying and harassment of others;
- w) record or share with anyone any material(s) or content related to training or consulting services provided by SSI;
- x) engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the SSI Program, or which, as determined by SSI in its sole discretion, may harm SSI or users of the SSI Program or expose them to liability;
- y) use the SSI Program in a manner that violates or is inconsistent with laws regarding unlawful gambling, games, or contests;
- z) bring an action for invalidity, unenforceability, or non-infringement related to the SSI Program, or assist others in bringing an action for invalidity, unenforceability, or non-infringement related to the SSI Program;
- aa) use the SSI Program in a manner inconsistent or in violation of this Agreement or any applicable laws or regulations.
SSI RESERVES THE RIGHT AT ALL TIMES TO DISCLOSE ANY INFORMATION AS NECESSARY TO SATISFY ANY APPLICABLE LAW, REGULATION, LEGAL PROCESS OR GOVERNMENTAL REQUEST, OR TO EDIT OR TO REMOVE ANY INFORMATION OR MATERIALS, IN WHOLE OR IN PART, IN ITS SOLE DISCRETION.
6. PROPRIETARY INFORMATION. The material and content accessible from the SSI Program, and any web site(s) owned, operated, licensed, or otherwise controlled by SSI (the “Content”) is the proprietary information of SSI or the party that provided or licensed the Content to SSI, whereby such providing party retains all right, title, and interest in the Content. Accordingly, unless otherwise set forth in this Agreement, the Content may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of SSI, except that you may print out a copy of the SSI Program materials solely for your personal non-commercial use. In doing so, you may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Content. Modification or use of the Content except as expressly provided in this Agreement violates SSI’s intellectual property rights.
All ideas, designs, brands, images, writings, memoranda, know-how, data, discoveries, inventions, innovations, and improvements of every kind and description whether patentable or unpatentable, made, conceived, developed or reduced to practice by You in connection with the SSI Program or under this Agreement (the “Properties”) must be promptly communicated to, and are the exclusive property of SSI. Any Properties or works of authorship made by You in connection with the SSI Program or under this Agreement are a work for hire and, upon creation and fixation in any tangible medium of expression, become the exclusive property of SSI. You agree to assign, and hereby do assign, all right, title, and interest, including copyrights, in and to all of the Properties, and will execute all documents that Provider may request to confirm the assignment of the Properties from You to SSI. You, and your heirs, assigns, employees, and delegates will perform all lawful acts requested by SSI to perfect SSI’s title in the Properties, and where applicable, to enable SSI or its nominee to obtain and maintain copyright, mask work, patent, trademark, or other legal protection on the Properties anywhere in the world.
7. CONFIDENTIALITY. “Confidential Information” means all information provided to you by SSI during the Term of the Agreement. You shall: (i) keep the Confidential Information secret using commercially reasonable measures; (ii) use the Confidential Information only in connection with the SSI Program and no other purpose; (iii) not disclose, make accessible or communicate any Confidential Information to any third party; (iv) not use Confidential Information for personal or a third party's benefit; (v) notify SSI immediately when you become aware of Confidential Information loss, unauthorized disclosure or legal disclosure requirement; (vi) not reverse engineer, disassemble or decompile prototypes, software or other tangible objects that embody the Confidential Information, or enable or hire others to do so; and (vii) unless otherwise provided herein or agreed to by you and SSI in a valid amendment, cease all use of Confidential Information upon the termination of this Agreement. The nondisclosure obligations set forth in this Section shall survive for five (5) years following termination of this Agreement.
“Confidential Information” does not include information that: (a) You can show knowledge of before the disclosure; (b) was in the public domain through no breach of this Agreement or other wrongful act; (c) was rightfully received from a third party without breach of a duty of confidentiality and that can be corroborated in writings that pre-date the Effective Date; (d) SSI has approved for release; or (e) can be shown by pre-existing written documentation was independently developed by You before the Effective Date without reference to information provided by the SSI hereunder
8. FEEDBACK. SSI shall have the right to contact you as necessary to obtain any Feedback. While SSI encourages such Feedback as a way to make Modifications or to improve its products and services to you and other customers, it has no obligation to respond to or act upon such Feedback. You acknowledge that SSI retains any and all ownership rights to Feedback including the exclusive right to use and incorporate such Feedback as part of any Modifications or into any product or service offered by SSI. Feedback is provided at no cost or charge to SSI. You hereby assign and transfer to SSI any and all proprietary or intellectual property rights you might have in such Feedback.
9. SUPPORT. No support services are offered under this Agreement.
10. THIRD PARTY MATERIALS. The SSI Program may include content, data or other materials, including related documentation, that are owned by individuals or legal entities other than SSI and that are provided to you on terms that are in addition to and/or different from those contained in this Agreement. You are responsible for compliance with any third party licenses and any breach of such third party licenses or misuse of third party materials is a breach of this Agreement. To the extent you use the SSI Program to transmit, manage, or create materials or content you represent and warrant that you own or otherwise have the legal rights to use such materials and content and that your use will not infringe, misappropriate or otherwise violate any proprietary, intellectual property, or privacy right of any third party, or violate any applicable law. YOU ARE SOLELY RESPONSIBLE FOR OBTAINING THE LEGAL RIGHTS TO MAKE USE OF SUCH CONTENT, MATERIALS, AND ANY DERIVATIVE WORKS USED WITH THE SSI PROGRAM.
11. WARRANTY DISCLAIMER. THE SSI PROGRAM IS PROVIDED “AS IS.” SSI EXPRESSLY DISCLAIMS ALL WARRANTIES WHETHER WRITTEN, ORAL, EXPRESS, IMPLIED OR IMPOSED BY STATUTE INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SSI IS NOT RESPONSIBLE FOR ANY INTERRUPTION IN SERVICES OR UNAVAILABILITY OF THE SSI PROGRAM RESULTING FROM INTERNET FAILURES, YOUR INABILITY TO ACCESS THE INTERNET OR INADEQUATE BANDWIDTH IN YOUR INTERNET CONNECTION.
12. LIMITATION OF LIABILITY. IN NO EVENT WILL SSI BE LIABLE TO YOU OR ANY OTHER THIRD PARTY FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL OR CONTINGENT DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, BUSINESS INTERRUPTION, OR LOST INFORMATION). THIS NON-LIABILITY FOR DAMAGES APPLIES WHETHER AN ACTION IS BASED ON CONTRACT, TORT OR ANY OTHER SUCH THEORY, EVEN IF SSI HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL SSI’S TOTAL LIABILITY EXCEED THE GREATER OF: (A) THE FEES PAID TO SSI FOR YOUR ACCESS TO THE SSI PROGRAM IN THE PRIOR 12 MONTH PERIOD, OR (B) $150.00 (USD). THE LIMITATIONS SET FORTH IN THIS SECTION SHALL APPLY EVEN IF YOUR REMEDIES UNDER THIS AGREEMENT FAIL OF THEIR ESSENTIAL PURPOSE.
13. TERMINATION OR RESTRICTION OF ACCESS.
- a) TERMINATION BY SSI. SSI reserves the right to terminate your access to the SSI Program without notice for any reason whatsoever at any time. In the event that your access is terminated, you are not entitled to a refund or credit.
- b) TERMINATION BY YOU. You may terminate this Agreement at any time. You are not entitled to a refund or credit.
- c) EFFECT OF TERMINATION. Upon termination of this Agreement by either party for any reason, you are required to uninstall, remove and/or delete destroy all copies of the SSI Program in your possession and all of its component parts.
14. EXPORT RESTRICTIONS. You acknowledge that the SSI Program is of United States origin. You agree to comply with all applicable international and national laws that apply to the SSI Program, including the U.S. Export Administration Regulations, as well as end-user, end-use and destination restrictions issued by the United States and other governments.
15. PUBLICITY; NAME AND LIKENESS.
a) You may not use SSI’s name or logos without the prior written consent of SSI.
b) In full and complete consideration of SSI providing you access to the SSI Program and for other good and valuable consideration, you hereby grant SSI the absolute and irrevocable right and permission to photograph, film, videotape, record, reproduce, portray, and/or otherwise exploit your name, voice, persona, appearance, signature, photograph, portrayal, characteristics, biographical material, image and/or likeness (collectively, “Likeness”) whether existing in pre-recorded or new materials recorded by or on behalf of SSI in connection with the SSI Program, and to use the results and proceeds thereof including, without limitation, all electronic, video or audio recordings, photographs and/or film (collectively the “Recordings”) produced by or on behalf of SSI incorporating your Likeness or any portion thereof, and any and all performances, stories, statements or actions made by you, whether written, spoken, sung, or otherwise uttered or expressed by you, information given and/or materials provided by you captured on any such Recordings (such results and proceeds referred to collectively herein as the “Material”) as follows:
- i) To use, incorporate, broadcast, telecast, exhibit, distribute, re-use, publish, re-publish, alter and/or edit (in SSI’s sole discretion) the Material and/or your Likeness in whole or in part, alone or in conjunction with other material in connection with the SSI Program and/or any other material, in any and all media, in any and all forms and versions, now known and hereafter devised, throughout the world and into perpetuity, including without limitation all forms of television, radio, webcast, podcast, audio broadcast, internet streaming, DVD and any successor devices, books, guides, handouts, study aids, posters, booklets, bulletin inserts, and ancillary exploitation, promotion, merchandising, publicity and advertising of and for the SSI Program. SSI has no obligation to use the Material and/or your Likeness. You shall have no rights of review or approval regarding the SSI Program or the exercise of the granted rights and SSI shall have the right to edit or delete the Material and/or your Likeness, juxtapose any part of the Material with any other materials, change the sequence of events or of any questions posed and/or answers you give, and make any other changes in the Materials as SSI chooses in SSI’s sole discretion; and
- ii) To copyright the Material in SSI’s own name or in any other name (the Material shall be considered a “work for hire”). You understand that all rights in and to the Material, including but not limited to the negatives, outtakes, sounds and the images contained therein, shall be SSI’s sole and absolute property. You also understand and agree that your appearance in the SSI Program, if any, is not, and will not be deemed, employment or an engagement to perform any services and there will be no payment due in connection with the use of the Material.
c) Notwithstanding the foregoing, in the event and to the extent that the Material or any portion thereof is not deemed a “work for hire,” you agree to assign, and hereby do assign, to SSI any and all copyrights in the Materials to SSI and such assignment shall not limit the rights granted in this Section.
d) You represent and warrant that you have the right to grant SSI all of the rights set forth above without obtaining the permission of, or making any payments to, any third party or entity. You confirm that, to the best of your knowledge, any statements made by you in the Material will be true and will not violate or infringe upon any third party’s rights. You hereby release SSI from any and all claims or causes of action, whether known or unknown, based upon or relating to the use of the Material or exercise of any of the rights referred to herein or arising in connection with the SSI Program, including but not limited to actions for libel, slander, invasion of right of privacy, publicity or personality. You shall indemnify, defend and hold SSI harmless from and against any liabilities, losses, claims, demands, costs (including without limitation attorney’s fees) and expenses arising in connection with any breach or alleged breach by you of any of the above representations, warranties, obligations or this Agreement hereunder. You hereby waive, to the extent possible, any moral rights or “droits moral” that you may have in the Material and/or your Likeness.
e) You acknowledge that, in the event of any breach by SSI or any third party, the damage to you, if any, will not be irreparable or otherwise sufficient to entitle you to seek injunctive or other equitable relief. Your rights and remedies in such an event are strictly limited to the right, if any, to recover compensatory (but not punitive or consequential) damages in an action at law, and you will have neither the right to rescind or terminate this Agreement or any of SSI’s rights hereunder, nor the right to enjoin the production, exhibition, or other exploitation of the SSI Program or any subsidiary or allied rights with respect thereto.
16. INDEMNIFICATION. You will indemnify, defend, and hold harmless SSI and its directors, officers, employees, representatives and agents from and against, any and all claims, losses, damages and expenses, including reasonable attorney's fees and court costs, arising out of or resulting from any claim, including but not limited to third party claims to the extent that such claim is based on or arises out of your access, streaming, or use of the SSI Program or any SSI content or materials, a breach of this Agreement, untrue representations or warranties in this Agreement, or your negligence or other act or omission in connection with your use of the SSI Program. This section survives termination.
17. TRADEMARKS AND COPYRIGHTS. Trademarks, service marks, logos, and copyrighted works appearing in the SSI Program are the property of SSI or the party that provided or licensed the trademarks, service marks, logos, and copyrighted works to SSI. SSI and any party that provided or licensed trademarks, service marks, logos, and copyrighted works to SSI retains all rights with respect to any of their respective trademarks, service marks, logos, and copyrighted works appearing in the SSI Program.
All contents of the SSI Program are: Copyright © 2024, System Strategy, Inc. All rights reserved.
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to the Service Provider's Designated Agent. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Publisher’s copyright agent the information listed below:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that can claim has been infringed upon;
- A description where the material that you claim is infringing is located on the site;
- Your address, telephone number, and e-mail address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you, under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
SSI’s Copyright Agent for notice of claims of copyright infringement on the Site can be reached as follows:
SSI
Attn: Legal/DMCA Copyright Agent
1221 Bowers St. #50
Birmingham, MI 48012 USA
training@systemxi.com
Please note that this procedure is exclusively for notifying SSI that your copyrighted material has been infringed. ALL INQUIRIES NOT RELEVANT TO THE FOREGOING PROCEDURE WILL RECEIVE NO RESPONSE.
18. ASSIGNMENT. You may not assign this Agreement without SSI’s prior written consent.
19. ELECTRONIC COMMUNICATIONS, TRANSACTIONS AND SIGNATURES. Using the SSI Program, sending SSI emails, text messages, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications SSI provides to you electronically, via email, text message, and on the SSI website satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, TEXT MESSAGES, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY SSI OR VIA THE SSI WEBSITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means. To opt out or change your preferences, visit the SSI website and edit your preferences or reply to text with STOP to cancel. Carrier message and data rates apply. SSI disclaims all liability for delayed or undelivered messages. Electronic communication frequency varies based on user activity.
20. MISCELLANEOUS. This Agreement will be governed and interpreted pursuant to the laws of Michigan, United States of America, notwithstanding any principles of conflicts of law. You specifically consent to personal jurisdiction in Michigan in connection with any dispute between you and SSI arising out of this Agreement or pertaining to the subject matter hereof. The parties to this Agreement each agree that the exclusive venue for any dispute between the parties arising out of this Agreement will be in be in Oakland County Circuit Court in Pontiac, Michigan or in U.S. District Court for the Eastern District of Michigan in Detroit, Michigan. If any part of this Agreement is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. You agree that no joint venture, partnership, employment, or agency relationship exists between you and SSI as a result of this Agreement or use of the SSI Program. You agree that this Agreement will not be construed against SSI by virtue of having drafted it. You hereby waive any and all defenses you may have based on the electronic form of this Agreement and the lack of signing by the parties hereto to execute this Agreement. This Agreement constitutes the entire agreement among the parties relating to this subject matter and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written between the user and SSI with respect to the SSI Program. Notwithstanding the foregoing, this Agreement may be subject to the terms of a separate agreement between the entity authorizing your use and SSI (“Entity Agreement”). In the event there is a conflict between this Agreement and the Entity Agreement, the Entity Agreement controls. Silence does not constitute a conflict. Failure to enforce or delay in enforcing any provision of this Agreement will not constitute a waiver of any rights under any provisions of this Agreement. If any provision of this Agreement is found to be unenforceable by a court of competent jurisdiction, the remainder is to be enforced as fully as possible and the unenforceable provision will be modified to the limited extent required to permit its enforcement in a manner most closely representing the intention of the parties. All notices must be in writing and sent to the addresses noted in the registration form or Entity Agreement, as applicable, as may be changed by either party by written notice to the other. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.