Terms of Use | Humanize

Terms of Use

PLEASE CAREFULLY READ THESE TERMS OF USE ("AGREEMENT" OR "TERMS OF USE"). THESE TERMS OF USE ARE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND HUMANIZE INC (“PUBLISHER”).

THE TERM "YOU" MEANS YOU AND ANY ENTITY OR PERSON YOU MAY LAWFULLY REPRESENT OR ADVISE IN CONNECTION WITH THE USE OF HUMANIZE.SECURITY AND/OR HUMANIZE APPLICATION.

THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR ACCESS AND USE OF HUMANIZE.SECURITY, HUMANIZE APPLICATION (“APPLICATION”) AS WELL AS ANY RELATED SERVICES OR TECHNOLOGIES, OFFERED BY THE PUBLISHER OR THAT YOU DOWNLOAD FROM PUBLISHER’S SITE (HTTPS://HUMANIZE.SECURITY), THE APPLICATION OR FROM ANY THIRD PARTY APPLICATION STORES (COLLECTIVELY THE "SERVICE").

SUBJECT TO THESE TERMS OF USE, PUBLISHER MAY PROVIDE THE SERVICES, AS DESCRIBED MORE FULLY ON HUMANIZE.SECURITY AND/OR THE APPLICATION.

BY REGISTERING FOR AND/OR USING THE SERVICE IN ANY MANNER, INCLUDING BUT NOT LIMITED TO DOWNLOADING, INSTALLING OR USING THE APPLICATION, AND VISITING OR BROWSING HUMANIZE.SECURITY AND/OR ANY ASSOCIATED  WEBSITE(S), YOU AGREE TO BE LEGALLY BOUND BY THIS AGREEMENT.

IF YOU DO NOT WISH TO BECOME A PARTY TO THIS AGREEMENT AND BE BOUND BY ITS TERMS AND CONDITIONS, DO NOT INSTALL THE APPLICATION OR USE HUMANIZE.SECURITY AND/OR THE SERVICES.

Publisher reserves the right to update this Agreement at any time, effective upon posting an updated version at humanize.security or in the Application as well as change the features of Services without prior notification or liability to You.

By accepting this Agreement you also accept any and all related terms such as Privacy Policy, disclaimers and disclosures as well as any other policies, rules and procedures that are or may be published in the future on the humanize.security and/or Application or are communicated to you otherwise and which are incorporated in this Agreement by reference.

You acknowledge and understand that Publisher operates the humanize.security and Application (and related Services) on which you may browse certain information. You will make final decision on or not using such information and nothing contained in humanize.security or in the Application shall be considered as an advice or instruction. Publisher may, however, communicate such information to you.

Browsing and registration. You may browse the and view the content on humanize.security and/or Application without registering, but as a condition to using certain aspects of the Site and the Application, you are required to register with Publisher and provide Publisher with accurate, truthful, and complete registration information as it may be requested during the registration process. Information gathered through the registration process and information related to your account will be subject to these Terms of Use and Privacy Policy referenced herein. Publisher may refuse registration of, or cancel an account in its sole discretion for any reason or for no reason.

Responsibility. You are solely responsible for activities that occur on Your account, whether undertaken by You or anyone or anything using the Service while using Your account, whether authorized or unauthorized. You shall be responsible for maintaining security and confidentiality with respect to your account password and information related to your registration. Publisher shall not be responsible for any losses arising from the financial loss or theft of your information due to unauthorized or fraudulent transactions using your account. You shall also not use another user's account without such other user's express permission. You will immediately notify Publisher in writing of any actual or suspected unauthorized use of your account, or other account related security breach of which you are aware. To the extent applicable, when utilizing humanize.security, Application or the Service, you are required to use the security procedures currently or hereafter maintained by Publisher to confirm that only authorized users have access to the Service and any account.

Form of Communication. You agree that Publisher may provide you with any communications (including but not limited to documents, agreements, data statements etc.) associated with the Services in electronic format rather than in paper form. Your consent to receive electronic communications includes, but is not limited to, all legal and regulatory disclosures and communications associated with the humanize.security, Application or Services or notices or disclosures about a change in this Agreement etc. The communications may be sent to you through publications on humanize.security, Application, emails or in any other electronic form at Publisher’s discretion. You hereby confirm that you have appropriate devices (computer, smartphone etc.) which allows you to receive and sent communications in electronic form.

Compliance with Laws. You shall abide by all applicable local, state, national and international laws and regulations in your use of humanize.security, the Application or any related Services.

Confidentiality. In the course of this Agreement, You may have access to or receive confidential information of Publisher including, but not limited to software, product plans, forecasts, ideas, product road maps, product designs, marketing and sales information, private companies lists, know-how, or trade secrets designated as confidential or which, under the circumstances surrounding disclosure, ought to be treated as confidential (collectively, “Confidential Information”). The foregoing shall not include information that was known by You prior to its receipt from Publisher or is or becomes public knowledge without Your fault. You shall use best efforts to strictly maintain in confidence the Confidential Information and shall not disclose it to any third party without Publisher’s prior written approval. You shall advise and require Your employees (if applicable) and other persons who perform this Agreement and who have a need to know the Confidential Information to abide by the terms of this Agreement before they receive access to or possession of Confidential Information. You shall be liable for any breach of this Agreement by any person who obtains access to or possession of Confidential Information from or through You.

Changes. Publisher does not guarantee that any certain type of content will be made available through humanize.security or Application. Publisher may, for any reason, (a) amend, modify, delete, cancel, reject, interrupt, remove, suspend or block or otherwise change any information, content, component, page, contents or user submissions, including, without limitation, any prices, disclaimers, descriptions, terms, warranties, or these terms of use, now or hereinafter contained or displayed on humanize.security or Application at any time and from time to time without notice and the same will be effective immediately upon posting on humanize.security or Application.

Third Party Content. humanize.security and the Application may permit You to link to other websites, services or resources on the Internet, and other websites, services or resources may contain links to humanize.security and the Application. These other websites, services and resources  are not under Publisher’s control, and you acknowledge that Publisher is not responsible or liable for any content, information, data, advertising, products, goods or services available on or through any such third party sites, as well as for any of the functions, accuracy, legality, appropriateness or any other aspect of such Third Party Sites. The inclusion of any such link does not imply endorsement by Publisher or any association with its operators. You agree that your access and/or use of third party sites, including but not limited their content and any other materials on or available through such sites is at your own risk and subject to the terms and conditions of use and privacy policies applicable to such sites. Publisher does not endorse and has no control over any third party content (including content submitted by You or other users) and cannot guarantee the authenticity of any such data. You acknowledge that all content accessed by You using the humanize.security, Application or the Service is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom.

IP Ownership. Publisher reserves all right, title, and interest in any intellectual property rights contained or embodied in humanize.security and the Application, or resulting from the Services. Nothing in this Agreement will be deemed to grant to You any ownership rights in or license rights to such intellectual property.

Licenses provided by You. You agree to use reasonable efforts to provide feedback to Publisher regarding Your use of humanize.security and the Application, and/or Services, including promptly reporting to Publisher errors or bugs that you might find. Any such feedback you disclose to Publisher, including any changes or suggested changes to Publisher's current or future products and services (collectively "Feedback"), will be received and treated by Publisher on a non-confidential and unrestricted basis, notwithstanding any restrictive or proprietary legends to the contrary accompanying or otherwise associated with the Feedback. You hereby grant to Publisher a worldwide, royalty-free, non-exclusive, perpetual, and irrevocable license to use, copy, and modify Feedback for any purpose, including incorporation or implementation of such Feedback into Publisher’s products or services, and to display, market, sublicense, and distribute Feedback as incorporated or embedded in any product or service distributed or offered by Publisher. The Feedback license set forth herein will survive expiration or termination of the Agreement.

You grant to us a nonexclusive, perpetual, non-revocable, royalty free license to use, retain, and share any information transmitted through the humanize.security and/or the Application by You, including but not limited to any content submitted by You, account numbers, name, date, account amount, and endorsements for the purpose of providing the Service. You represent and warrant that you own all submitted content, information, data and other submissions, or have permission to use them. At Publisher’s first request You shall provide sufficient evidences that you own the content and other information or data submitted by You or have a permission to use them.

Theses licenses will survive any termination of this Agreement.

Licenses provided by Publisher. Publisher hereby grants to You a limited, revocable, non-exclusive, non-transferable license to use the content of humanize.security and the Application for Your personal use only, provided that: (i) You must not violate any applicable laws in Your use of the content (ii) You do not modify the content or permit anyone to so modify it; (iii) You maintain all copyright notices, trademark notices, and other proprietary notices, and (iv) You agree to be bound by the terms of this License Agreement.  Further, You may not publish, display, disclose, rent, lease, modify, loan, distribute, or create derivative works based on the content or any part thereof. This license does not convey to You any interest in or to the content, but only a limited right of use revocable by the terms of this Agreement.

Information collection. The collection, use and disclosure, if any, of information collected from you or about you by Publisher on humanize.security and/or the Application is detailed in  Privacy Policy referenced herein. By accepting this Agreement, or by using humanize.security, Application or the Services, you consent to Publisher, its subsidiaries, affiliates, agents, third-party partners and service providers, receiving, collecting, storing, processing, transmitting, and using your information for Services functionality and for the purposes disclosed in Publisher’s Privacy Policy.

Humanize Application License Agreement

Your download and/or use of the Application is subject to acceptance without modification of these license terms and conditions, which are incorporated into the Terms of Use by this reference.

In case you download the Application on a mobile device owned or controlled by you ("Device"), the Terms of Use also incorporate and supplement each of the following: 1) if the Application is downloaded, installed, accessed or used on an Apple iOS Device, then Apple, Inc. ("Apple") Terms and Conditions, available here, including without limitation the Licensed Application End User License Agreement therein; and 2) if the Application is downloaded, installed, accessed or used on an Android OS Device, then the Terms of Service for Google Play provided by Google LLC (Google), available here, (collectively, "OS Terms").

IF YOU DO NOT WISH TO BECOME A PARTY TO THIS LICENSE AGREEMENT AND BE BOUND BY ITS TERMS AND CONDITIONS, DO NOT INSTALL THE APPLICATION OR USE IT. AND, IF ALREADY DOWNLOADED, IMMEDIATELY UNINSTALL THE APPLICATION AND DISCONTINUE THE USE OF THE RELATED SERVICES. CONTINUED USE OF THE SERVICES ON THE APPLICATION SIGNIFIES YOUR CONTINUED ACCEPTANCE OF THESE ADDITIONAL TERMS AND ANY CHANGES TO THEM.

Licenses provided by Publisher. Publisher hereby grants to You a personal, perpetual, worldwide,  limited, revocable, non-exclusive, non-transferable, royalty-free,  license to use Application, provided that: (i) You must not violate any applicable laws in Your use of the Application; (ii) You do not modify the Application or permit anyone to so modify it; (iii) You maintain all copyright notices, trademark notices, and other proprietary notices of the Publisher, and (iv) You agree to be bound by the terms of this License Agreement.  Further, You may not publish, display, disclose, rent, lease, modify, loan, distribute, or create derivative works based on the Application or any part thereof. You may not reverse engineer, decompile, translate, adapt, or disassemble the Application.  This Agreement governs also any upgrades, revisions, patches, maintenance, training, support, or any other service relating to the Application.

Ownership. You have no ownership rights in the Application or related software products.  Rather, You have a license to use the Application as long as You comply with the terms of this Agreement. Title, ownership rights, and intellectual property rights in and relating to the Application and related documentation shall remain in Publisher.  All rights not expressly granted to You pursuant to this Agreement are expressly reserved by Publisher.  You shall not remove or alter any of Publisher’s copyright, trademarks, or other proprietary notice or markings contained in the Application or any component thereof.   You shall not use any of Publisher’s trademarks without written permission.

Your Information. You hereby authorize and consent to the collection, storage, and use, by Publisher and its affiliates, partners and agents, of any information and data related to or derived from Your use of the Application, and any information or data that You provide to publisher and its affiliates, partners and licensors ("Information"). Without limiting the generality of the foregoing, the Information shall include, without limitation, the following types of information and data, in an aggregate (not user level) form: search requests, search results, patterns, data and suggestions based on user actions. Notwithstanding the foregoing, The Information will be treated as being non-confidential and nonproprietary, and Publisher assumes no obligation to protect confidential or proprietary information (other than personally identifiable information) from disclosure and will be free to reproduce, use, and distribute the Information to others without restriction. We will also be free to use any ideas, concepts, know-how or techniques contained in the Information for any purpose whatsoever including, without limitation, developing, manufacturing, and marketing products and services incorporating such Information.

You represent that You shall comply with the terms and conditions of Publisher’s  Privacy Policy, which sets forth and describes the practices of Publisher with respect to the collection, use and disclosure of Information in connection with Your use of the Application. Publisher reserves the right to change the provisions of its Privacy Policy at any time and from time to time at its sole discretion. Publisher will post any changes to its Privacy Policy at the Web address set forth in the preamble to this License. Your use of the Application following the posting of such changes to the Privacy Policy will constitute Your acceptance of any such changes.

Unauthorized Use. You are solely responsible for the confidentiality and security of any information sent from or stored on the Your device by the Application. Publisher shall not be responsible for any losses arising from the financial loss or theft of your information due to unauthorized or fraudulent actions using Your account or device. Users shall be solely responsible for taking precautionary steps to protect any information stored on their devices, including without limitation password-protecting the devices and employing remote-wipe feature if available.

Push Notifications. The Application may use Your device’s “Push Notifications” feature as that term is defined by the operation system applicable to Your device. Basically, a Push Notification is a message displayed outside of the App's normal user interface, meaning that the message will appear on screen without You having to tap the Application icon. Push Notifications may be delivered whether or not You are currently logged in to and/or using the corresponding application, and whether or not Your device is in locked and/or sleep mode. A Push Notification can be triggered to appear on the home screen of Your device based on your GPS location, access to Wi-Fi routers, or time of day, to name a few. You can delete the Push Notification by swiping your finger across the Push Notification itself on the home screen, or alternatively, you can open the notifications drawer in your Android OS, and see the full message.

Both the Push Notification and the notification drawer are operating system-controlled areas that You control at the operating system level at any time.

Publisher reserves the right to limit how many Push Notifications you may receive via the Application, which limits are at Publisher’s discretion, and can be changed at any time. Subject to that reservation of rights, the Application intends to fully utilize Push Notifications as a way to deliver information, offers, or in-App advertisements, including words, sounds and hyperlinks to pages within the Application, or hyperlinks to pages on Publisher’s websites.

The Application may also send you an email or text message during Your registration of an ID and Password. But Push Notifications (and not email or text) will be the only method by which the Application will use Your Device’s location to trigger a notice of Publisher’s promotional items near Your location. You can revoke the consent to receive Push Notifications at any time, and yet still grant permission to the Application to access Your device’s location services data.

Third Party Content. You acknowledge that the Application permits access to products, services, websites, advertisements, promotions, recommendations, advice, information, and materials created and provided by advertisers, publishers, content partners, marketing agents, vendors and other third parties. You acknowledge that Publisher does not investigate, monitor, represent or endorse the third party content and Services (including any third party websites available through the Application). Furthermore, Your access to and use of the third party content and Services is at Your sole discretion and risk, and Publisher and its affiliates, partners, suppliers and licensors shall have no liability to You arising out of or in connection with Your access to and use of the third party content and Services. Publisher hereby disclaims any representation, warranty or guaranty regarding the third party content and Services, whether express, implied or statutory, including, without limitation, the implied warranties of merchantability or fitness for a particular purpose, and any representation, warranty or guaranty regarding the availability, quality, reliability, features, appropriates, accuracy, completeness, or legality of the third party content and Services.

You acknowledge and agree that the provision of access to any third party content and Services shall not constitute or imply any endorsement by Publisher or its affiliates of such third party content and Services. Publisher reserves the right to restrict or deny access to any third party content and Services otherwise accessible through the Application, although Publisher has no obligation to restrict or deny access even if requested by You. You understand that by accessing and using the third party content and Services, You may encounter information, materials and subject matter (i) that You or others may deem offensive, indecent, or objectionable; (ii) which may or may not be identified as having explicit language, and (iii) that automatically and unintentionally appears in search results, as a link or reference to objectionable material. Notwithstanding the foregoing, You agree to use the third party content and Services at Your sole risk and that Publisher and its affiliates, partners, suppliers and licensors shall have no liability to You for information, material or subject matter that is found to be offensive, indecent, or objectionable.

Changes. Publisher reserves to modify the Application in any way and at any time without prior notification to You or Your consent. Publisher has no obligation whatsoever to furnish any maintenance and support services with respect to the Site, Application, or Service, and any such maintenance and support services provided will be provided at Publisher’s discretion.

Termination. Publisher may terminate Your access to all or any part of the humanize.security, Application or the Service and/or Add-to Link at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your membership. Upon termination or expiration of this Agreement, regardless of the reason, the license grants contained herein will terminate and You must immediately cease all use of the Application and related Service. If you wish to terminate your account, you may do so by following the instructions on the humanize.security and Application. Fees paid hereunder (if any) are non-refundable. All provisions of the Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Limited Warranty. By virtue of your accessing the Application Publisher has no special relationship or fiduciary duty with you. Any relationship with Publishers affiliates will be governed by your written agreement with that affiliate. You acknowledge that Publisher has no knowledge of and control over, and no duty to take any action regarding Your usage of the Application and humanize.security. You release Publisher from all liability for you having acquired or not acquired content through humanize.security and Application. humanize.security and Application may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. Publisher makes no representations concerning any content contained in or accessed through humanize.security and Application, and Publisher will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the humanize.security, Application or the Service.

YOU ACKNOWLEDGE AND AGREE THAT THE APPLICATION IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND THAT YOUR USE OF OR RELIANCE UPON THE APPLICATION AND ANY THIRD PARTY CONTENT AND SERVICES ACCESSED THEREBY IS AT YOUR SOLE RISK AND DISCRETION. PUBLISHER AND ITS AFFILIATES, PARTNERS, SUPPLIERS AND LICENSORS HEREBY DISCLAIM ANY AND ALL REPRSENTATIONS, WARRANTIES AND GUARANTIES REGARDING THE APPLICATION AND THIRD PARTY CONTENT AND SERVICES, WHETHER EXPRESS, IMPLIED OR STATUTORY, AND INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. FURTHERMORE, PUBLISHER AND ITS AFFILIATES, PARTNERS, SUPPLIERS AND LICENSORS MAKE NO WARRANTY THAT (I) THE APPLICATION OR CONTENT AND SERVICES WILL MEET YOUR REQUIREMENTS; (II) THE APPLICATION OR CONTENT AND SERVICES WILL BE UNINTERRUPED, ACCURATE, RELIABLE, TIMELY, SECURE OR ERROR-FREE; (III) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL ACCESSED OR OBTAINED BY YOU THROUGH THE APPLICATION WILL BE AS REPRESENTED OR MEET YOUR EXPECTATIONS; OR (IV) ANY ERRORS IN THE APPLICATION OR THIRD PARTY CONENT AND SERVICES WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PUBLISHER OR FROM THE APPLICATION SHALL CREATE ANY REPRESENTATION, WARRANTY OR GUARANTY. FURTHERMORE, YOU ACKNOWLEDGE THAT PUBLISHER HAS NO OBLIGATION TO CORRECT ANY ERRORS OR OTHERWISE SUPPORT OR MAINTAIN THE APPLICATION.

UNDER NO CIRCUMSTANCES SHALL PUBLISHER OR ITS AFFILIATES, PARTNERS, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS OR USE OF OR INABILITY TO ACCESS OR USE THE APPLICATION AND ANY THIRD PARTY CONTENT AND SERVICES, WHETHER OR NOT THE DAMAGES WERE FORESEEABLE AND WHETHER OR NOT PUBLISHER WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, PUBLISHER AGGREGATE LIABILITY TO YOU (WHETHER UNDER CONTRACT, TORT, STATUTE OR OTHERWISE) SHALL NOT EXCEED THE AMOUNT OF FIFTY THOUSANDS DOLLARS ($50.000). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

Publisher does not warrant that the Application will be compatible or interoperable with Your device or any other piece of hardware, software, equipment or device installed on or used in connection with Your device. Furthermore, You acknowledge that compatibility and interoperability problems can cause the performance of Your device to diminish or fail completely, and may result in permanent the damage to Your device, loss of the data located on Your device, and corruption of the software and files located on Your device. You acknowledge and agree that Publisher and its affiliates, partners, suppliers and licensors shall have no liability to You for any losses suffered resulting from or arising in connection with compatibility or interoperability problems.

Indemnification. You shall indemnify, defend and hold harmless Publisher and its affiliates, partners, suppliers and licensors, and each of their respective officers, directors, agents and employees (the "Indemnified Parties") from and against any claim, proceeding, loss, damage, fine, penalty, interest and expense (including, without limitation, fees for attorneys and other professional advisors) arising out of or in connection with the following: (i) Your access to or use of the Application or content and Services; (ii) Your breach of this License; (iii) Your violation of law; (iv) Your negligence or willful misconduct; or (v) Your violation of the rights of a third party, including the infringement by You of any intellectual property or misappropriation of any proprietary right or trade secret of any person or entity. These obligations will survive any termination of the License. You acknowledge that You (not Publisher) are responsible for addressing any third party claims relating to Your use or possession of the Application, and agree to notify Publisher of any third party claims relating to the Application of which You become aware. Furthermore, You hereby release Publisher from any liability resulting from Your use or possession of the Application, including, without limitation, the following: (i) any product liability claims; (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (iii) any claim arising under consumer protection or similar legislation.

Disputes. Most concerns can be resolved by contacting Publisher at [email protected] Parties agree to use best efforts to settle any dispute, claim, question, or disagreement directly through consultation with Publisher, and good faith negotiations shall be a condition to either of us initiating any other process or proceeding.

A printed version of the Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You and Publisher agree that any cause of action arising out of or related to the Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.

This Agreement shall be governed by and construed in accordance with the laws of the Delaware without reference to any conflicts of law principles. You and the Publisher hereby irrevocably consent to the personal and subject matter jurisdiction of the Delaware laws with respect to any action, suit or proceeding arising out of or relating to this Agreement or any of the transactions or relationships contemplated hereby. The parties submit to the personal jurisdiction of the state and federal courts in Dover, Delaware.

Severability. This Agreement constitutes the complete agreement between You and Publisher regarding use of the Application and humanize.security and supersedes any oral or written proposals, prior agreements, purchase orders, or any other communication between You and Publisher relating to the subject matter of this Agreement. If any provision of this License is held to be invalid or unenforceable with respect to a party, the remainder of this License, or the application of such provision to persons other than those to whom it is held invalid or unenforceable shall not be affected and each remaining provision of this License shall be valid and enforceable to the fullest extent permitted by law.

Waiver. Except as provided herein, the failure to exercise a right or require performance of an obligation under this License shall not effect a party\'s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute waiver of any subsequent breach.

Miscellaneous. Publisher shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Publisher's reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including "line-noise" interference).

Export Control. You may not use or otherwise export or re-export the Application except as authorized by United States law and the laws of the jurisdiction(s) in which the Application was obtained. You represent and warrant that You are not (i) located in any country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country, or (ii) listed on any U.S. U.S. Government list of prohibited or restricted parties including the Treasury Department\'s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person\'s List or Entity List. You may not use the Application in any manner or for any purpose prohibited (a) by United States law, regardless of where You use the Application, or (b) by local law, in the jurisdiction(s) in which You use the Application.