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End User License Agreement

DOFORMS, INC.

End User License Agreement

You are viewing this End User License Agreement (this “EULA”) because you have elected to purchase and are preparing to download, install or access our products and the services contained in or made available within them from us or one of our Resellers (collectively, “Products”). As used in this EULA, the terms: “you”, “your” and their variants mean the company, entity or person who has purchased the right to install and access the Products; “doForms”, “we” and “our” means doForms, Inc., having a principal place of business at 14 Commerce Drive, Suite 100, Cranford, New Jersey 07016 or its affiliated companies; “Reseller” means an authorized third party reseller that sells the Products. Capitalized terms used in this EULA, other than those capitalized for grammatical reasons, are defined in the Section in which they are first used as indicated by bold type. This English language version of this EULA is the controlling version regardless of any translation.

IMPORTANT NOTE TO BE READ BEFORE DOWNLOADING, INSTALLING OR USING THE PRODUCTS: Before you create an account and click indicating acceptance of the purchase of and/or prior to using the Products, you should carefully read all the terms and conditions of this EULA. By clicking on the “SUBMIT” button at the bottom of the account setup screen you are consenting to be bound by and are becoming a party to the contract formed by this EULA. IF YOU ARE ACCESSING THIS EULA ON BEHALF OF A CORPORATE ENTITY, YOU ARE ACKNOWLEDGING THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY TO THE CONTRACT FORMED BY THIS AND ALL REFERENCES TO “YOU” AND “YOUR” SHALL MEAN THAT ENTITY AND THE INDIVIDUAL PERSON BINDING SUCH ENTITY. If you do not agree to all of the terms of this EULA, do not click acceptance of its terms and stop the account setup process.

  1. Registration; Account Creation. In order to use the Products and exercise your rights under the License granted below, you will have to register and create an account (an “Account”). In doing so, you will: (a) submit only complete and accurate information to include valid credit card data or data for such alternative automatic payment options as we may accept (the “Account Information”); and (b) maintain and promptly update your Account Information if it changes. During the registration and Account creation process we will, among other things, assign to you a private location on our web site under the mydoforms.com domain (each, an “Account Domain”). You will be issued credentials, typically in the form of an unique user identification and a password, to authenticate your right to access the Account and Account Domain (collectively, your “Account Credentials”). Your commitment to maintaining the strict confidentiality of your Account Credentials is a material condition of your right to access the Account Domain and use the Products. You must not allow others to use your Account Credentials or access your Account Domain and you agree to: (i) immediately notify us of any unauthorized use of your Account Credentials or any other known or suspected breach of security which could compromise your Account Credentials, Account Domain or Account; and (ii) ensure that you log-off and exit from your Account at the end of each session. You are responsible for all activity that occurs under your Account Credentials or otherwise via your Account Domain. You are responsible for notifying us if you desire to cancel your Account.
  2. License Rights. Subject to the terms and conditions of this EULA and the limits set by the License Metrics (as defined below), we grant you a personal, revocable, non-exclusive, non-assignable, non-transferable license (for use on a single mobile device only) to permit your employees and subcontractors during the License Term (as defined in Section 3) to access, display and perform the Products from the Account Domain or via our mobile application solely to create User Forms to be used in connection with your lawful internal business activities (the “License”). Your rights under the License also include the right to access, download, display and print the Documentation provided for the Products as reasonably required in connection with your authorized use. “Documentation” means the online help and user guides we may publish and update from time to time and make available to authorized licensees. In addition to the limitations set forth in this EULA, at the time of Account creation and each time you upgrade or add a Product to your Account thereafter, you will be informed of any limits (the “License Metrics”) applicable to the License Fee-level you selected. The amount of license may be increased but not decreased during the License Term. Please review carefully and take notice. As set forth above, the License is for use of the purchased Product on a single mobile device. No other person shall use your Account Credentials to access the Product nor shall you use or allow your Account Credentials to be used to access the Product with more than one device.
  3. License Scope, Restrictions and Conditions.
    (a) Scope. The License rights are non-exclusive such that we may grant to others or reserve for our own use, rights that are the same as or similar to those we grant to you. All rights not expressly granted to you are reserved by doForms and its licensors. The License has a limited term as specified in the applicable License Metrics (the “License Term”) and will expire at the end of that License Term. Each License is personal to you and thus is non-transferable, non-assignable and non-sublicenseable.

    (b) Restrictions. Neither you nor any of your employees or subcontractors shall: (i) modify, translate, reverse engineer, decompile, disassemble, or create derivative works based on, or improvements of the Products; (ii) make any copies of the Products; (iii) create Internet “links” to the Products or “frame” or “mirror” any Products thereon on any other server or wireless or Internet-based device; (iv) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Products in any way; (v) access the Products or the information contained therein in order to build a similar or competitive product or service or attempt to access the Products through any unapproved interface; (vi) scrap, crawl, download, screen-grab, or conduct other similar actions with respect to the Products; (vii) introduce, transmit or store malicious code in or through the Products; (viii) interfere with the Products’ security or operation; (ix) defame or harass through use of the Products; (x); infringe another’s intellectual property right in connection with use of the Products including failing to obtain permission to upload/display works of authorship; (xi) intercept or expropriate data within the Products; (xii) spam, spoof or otherwise misrepresent transmission sources through use of the Products; and/or (xii) use a single Account for multiple business entities.

    (c) Conditions. You are responsible for the acts of and omissions of all employees and subcontractors who access and use the Products. You acknowledge that the Products may contain features and functionality (including codes that act as keys to “lock” and “unlock” access to the Products) designed to render the Products technologically incapable of being used except as permitted by this EULA. You must not remove, modify or obscure proprietary rights notices that we place on the Products or Documentation. This means that if you print any portion of the Documentation, you must reproduce and prominently display our copyright and similar rights notices. You must comply with all applicable local, state, national and foreign laws, treaties and regulations in connection with your use of the Products, including those related to data privacy, international communications and the transmission of technical or personal data. You also must notify doForms immediately of any unauthorized use of the Products or any other known or suspected breach of security which could impact the Products. You may not use the Products if you are a direct competitor of doForms, except with doForms’ prior written consent. In addition, you may not use the Products for purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purposes.

    (d) Export; Government Access. The Products may be subject to restrictions and controls imposed by the United States Export Administration Act and other applicable transfer control and prohibited person laws and regulations of the United States and other jurisdictions (collectively the “Export Laws”). You will not use, including import or export, the Products except as permitted by Export Laws. If you are required to provide a government or regulatory body with access to the Products, then such access must be subject to this Section and your confidentiality obligations and subject to our rights and your obligations with respect to us as your third party licensor under FARS and DFARS (or their successor regulations).

  4. License Fees; Renewal. The license and subscription fees for the Products shall be set at the time of purchase (the “Fees”). If you place an order for the Products from a Reseller, then: (a) Fees for the Products will be set between you and the applicable Reseller and any payments will be made directly to Reseller under your agreement with the Reseller; and (b) the remaining provisions in this Section 4 (License Fees) will not apply to the Products. Fees will be payable within 30 days of the invoice date. Fees do not include applicable sales, use, value-added or excise taxes or government charges all of which are payable by you (excluding taxes on our income) (“Taxes”), nor do they include expenses we may incur for your direct benefit, which will be incurred in accordance with your applicable expense-reimbursement policies, if so requested, provided that the relevant policies are provided to us in writing in advance. If doForms has the legal obligation to pay or collect Taxes, doForms will invoice you and you will pay that amount unless you provide doForms with a valid tax exemption certificate authorized by the appropriate taxing authority. If we do not receive timely payment, we may charge the maximum monthly interest allowed by law up to one percent per month, suspend our performance and seek cost of collection, including reasonable attorneys’ fees. Payment obligations are non-cancelable and Fees paid, including pre-paid Fees, are non-refundable regardless of the cause for termination or expiration. If you dispute invoiced amounts, you must submit disputes to us in writing on or before the date the invoice becomes due, otherwise it will be final and non-refundable. You understand and agree that at the end of a License Term we will automatically charge you for a renewal (and those who pay with a credit card your consent to this EULA will serve as authorization to charge your card), for a renewal period of the same length as the prior License Term and for the same number of licenses. We will continue to do so at the end of each successive License Term until you cancel prior to the expiration or termination of the applicable License Term by emailing us at support@doforms.com. doForms may increase Fees upon a renewal of the License Term by providing you with thirty (30) days notice. For a License Term of at least one (1) year and greater than one (1) month in duration, you must provide notice to us no later than thirty (30) days prior to the expiration of the end of the then current License Term in order to cancel the License or to decrease the number of licenses. WE DO NOT PROVIDE REFUNDS. IF YOU DO NOT WANT TO BE CHARGED FOR RENEWAL YOU MUST TIMELY CANCEL.
  5. Remote Access and Support. From time to time, doForms may need to communicate with your device via remote access for the maintenance and support of the Products. Such access may include accessing, viewing and transferring diagnostic log files, checking the version of the Products installed on your device(s) and implementing updates, as applicable. Your right to receive, and doForm’s ability to provide the maintenance and support for the Products is predicated upon you maintaining such connectivity and otherwise reasonably cooperating with doForms. Please note that in connection with doForms’ mobile communications access, carrier rates for phone, data and text messaging may apply. Due to the inherently open and unpredictable nature of mobile communications, use of the Products may be subject to certain limitations, availability, delays and other similar problems. doForms is not responsible for any damages resulting from such problems. The Products may also include global positioning system (GPS) data and cartographic data. You understand and acknowledge that GPS location data and the cartographic data may not be accurate or complete or up to date. The Products shall never be used for navigation.
  6. New Releases; Additional Services. We may from time to time develop and make generally available, either at no-charge or for a specified upgrade fee, new releases of the Products containing new features or functionality or modifications, bug fixes or enhancements to the Products existing capabilities. This EULA and all of the terms hereof apply to all such releases even if we do not separately require you to provide re-confirmation of your assent. We will not otherwise provide you with new releases or any other support, maintenance, training, consulting or customization services unless you and doForms has entered into a separate written agreement therefor.
  7. Intellectual Property; Third Party Content.
    (a) Ownership. As between you and doForms, all intellectual property rights (including copyrights, trademarks and patents), proprietary rights (including trade secrets) and moral rights (including rights of authorship and modification) throughout the world in and to the Products and Documentation and all of their derivative works and improvements are owned or licensed by, and are proprietary to, doForms. You may elect to designate certain forms as “Public Forms” so that they may be shared freely with and among other users of the Products. You are prohibited from using our and our Products’ names, brands or logos in any manner other than as required by this EULA with respect to copies of the Documentation. This EULA is not a sale and does not convey to you any rights of ownership in or related to the Products or Documentation.

    (b) Third Party Content. The Products may require use of software code, data, or other content owned by and licensed from third parties which includes the Apache License (www.apache.org)(the “Third Party Content”). When we include Third Party Content as part of the Products, we provide it to you on either a sublicense or pass-through basis subject to the separate terms and conditions of its owners and licensors. We do not have the authority to modify those terms and conditions. We do, however, warrant that we have the authority to grant you the rights granted under each License, even to the extent we provide Third Party Content in the applicable Products.

  8. Term and Termination. This EULA and the License become effective upon (a) acceptance of this EULA and (b) payment of the Fees to us or Reseller, as applicable, and continue for the License Term unless earlier terminated by doForms under this Section. We reserve the right to terminate this EULA, and the License granted hereunder, immediately and without notice to you, in the event (i) you or, if applicable, any of your employees, agents or subcontractors, fail to comply with any term or condition of this EULA or in any way infringe on doForms’ intellectual property rights, or (ii) you fail to make timely payment of amounts due under this EULA or to Reseller. Upon any termination or expiration of this EULA and the License granted herein, you and, if applicable, all of your employees, agents and subcontractors: (A) shall immediately discontinue all use of the Products and Documentation; and (B) immediately return or destroy (as determined by doForms) the Products and Documentation, together with all copies, and certify to such return or destruction in writing.
  9. User Data. Information and data that you load in the Products (“User Data”) is owned by you. You, not doForms, shall have sole discretion and control as to the User Data entered into and used with the Products. Accordingly, you have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness and the right to use all User Data. You hereby grant to us a worldwide, perpetual, irrevocable, non-exclusive, license to possess and use the User Data in order of doForms to carry out its obligations and exercise its rights under this EULA. doForms shall not be responsible or liable for your deletion, destruction, damage, loss or failure to store User Data. Certain types of information are subject to special regulation which would give rise to specific data handling requirements under applicable laws and regulations, such as personal data or material non-public information govern by U.S. Securities Laws (“Regulated Information”). doForms does not intend to receive or required you to provide Regulated Information and shall not be responsible for any requirements therefor. If we become actually aware that you inadvertently provided us with Regulated Information, we will make reasonable efforts to notify you and unless we receive reasonable instructions to the contrary we will destroy it in accordance with our standard overwrite and document destruction policies. When the License expires or terminates, doForms will continue to hold User Data online for 30 days and can make it available to you for export for a fee in our native format. You acknowledge that doForms has no obligation to so retain, and may delete User Data 30 days after expiration or termination.
  10. Confidential Information. In the course of doing business with us, we necessarily may disclose to you or you may access confidential, non-public information, including pricing information, information regarding Product performance and strategic direction, and for reference checking or other purposes, the identities and details of our relationships with other licensees and our third party suppliers (“Confidential Information”). You shall not: (a) use the Confidential Information, including internally within your own organization, except to the extent necessary to operate the Products; or (b) disclose the Confidential Information to any third party without the express written consent of us, except to those with a need to know who are bound to substantially similar obligations of confidentiality at least as protective of the Confidential Information as this EULA. You always shall handle Confidential Information with at least reasonable care and shall be responsible for the actions of those persons to whom disclosure is made. If you are required by a court to disclose the Confidential Information, so much as is legally required may be disclosed but only after providing us with written notice and reasonable assistance in obtaining and enforcing means of safeguarding the Confidential Information. If you have previously entered into a non-disclosure or other agreement for confidentiality with doForms, this Section shall supersede such agreement with respect to the Products.
  11. Warranties, Disclaimers and Liability. We expressly warrant to you that, in its original, unmodified form the Products will operate as described by the Documentation and do not contain any virus that is reasonably capable of being detected and removed by the corporate enterprise strength anti-virus software we use in development. These are the only warranties we provide with respect to the Products. We are not responsible under this warranty or otherwise for: (a) User Forms; (b) User Data; (c) matters related to causes external to the Products including failures of the mobile devices or any product into which it is embedded; (d) your use of the Products in a manner or on or in conjunction with third party components that do not conform to our specifications, including Documentation; and/or (e) any defect or non-conformity not reported in accordance with this Section. Your sole remedy and our only liability for breach of the warranty provided in this Section is to provide a free download for a new release. Such remedy is expressly conditioned on your providing actual, written notice to us immediately upon discovering an alleged breach. The Products may contain certain “open source” or other third party code. We provide no warranties with respect to such code. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ALL OTHER WARRANTIES, EXPRESS, IMPLIED OR STATUTORY INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR PURPOSE, NON-INFRINGEMENT AND THOSE CONFERRED BY UCITA OR SIMILAR LAWS. WE DO NOT WARRANT THAT THE PRODUCTS WILL MEET YOUR REQUIREMENTS, OPERATE WITHOUT INTERRUPTION OR BE ERROR FREE. THE PRODUCTS ARE PROVIDED TO YOU STRICTLY ON AN “AS IS” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, RELIANCE OR PUNITIVE DAMAGES OR LOST OR IMPUTED PROFITS OR LOST DATA. OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING IN CONNECTION WITH THIS EULA AND THE PRODUCT WILL BE LIMITED TO DIRECT DAMAGES IN THE AMOUNT EQUIVALENT TO THE FEES ACTUALLY RECEIVED BY US FOR THE PRODUCT IN THE 12 MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM. You will defend, indemnify and hold us, our third party licensors, Resellers and each such party’s parent organizations, affiliates officers, directors, employees, attorneys and agents harmless from all claims, causes of action and all damages, costs and expenses (including reasonable legal costs) arising from (x) User Data and/or User Forms infringing the rights of, or causing harm to, a third party; and/or (y) your breach of this EULA. You must bring all claims and causes of action within 6 months of their being discovered or one year after the License Term, whichever occurs first. These limitations and exclusions apply to all claims or causes of action under whatever theory brought and whether or not we were advised of the possibility of the claim.
  12. Assignment and Transfer. You and your employees and subcontractors are prohibited from transferring, assigning or sublicensing any right under this EULA or from otherwise providing the Products to or permitting its use by anyone else. Without limiting the foregoing, we may consent to an assignment of this EULA:
    (a) in connection with the sale or other transfer of all or substantially all of your entities’ assets or stock;
    (b) change in ownership or control of you or your parent entity, if any, where the term “control” has the meaning given to it under the United States Securities Exchange Act of 1934; and/or
    (c) to the surviving or resulting entity in any merger; provided, in each case, that all of the Transfer Conditions are met. The term “Transfer Conditions” shall mean your obligation: (i) to provide doForms with written notice within thirty (30) calendar days of completing a permitted assignment or transfer; (ii) require your assignee or transferee to pay or cause to be paid such additional fees as are reasonably required by doForms in connection with a permitted transfer or assignment; (iii) require your assignee or transferee to execute or otherwise assent to a new EULA; (iv) such other conditions as may be reasonably required by doForms. In all events, permitted transfer or assignment under this Section shall result in automatic and immediate termination of all applicable Licenses granted to you and your employees and subcontractors; and (v) if you have If you purchase the Products through a Reseller, your agreement with the Reseller is also assigned to the assignee. Any purported assignment or transfer in violation of this Section 12 will be null and void ab initio.
  13. Disputes and Governing Law.
    (a) Governing Law. The laws of the State of New Jersey and federal laws of the United States will govern this EULA without regard to the principles of conflicts of laws. All Disputes (defined below) arising out of (or relating to) this EULA shall be resolved as set forth below.

    (b) Consent to Arbitration. IF EITHER YOU OR DOFORMS WANT TO BRING A CLAIM OR CAUSE OF ACTION AGAINST THE OTHER UNDER THESE TERMS OF SERVICE, OR IF ANY DISPUTE ARISES BETWEEN YOU AND DOFORMS AS A RESULT OF THESE TERMS OF SERVICE OR YOUR USE OF THE SOLUTION, EACH PARTY AGREES TO USE ARBITRATION AS THE SOLE AND EXCLUSIVE MEANS TO BRING SUCH A CLAIM OR CAUSE OF ACTION OR TO RESOLVE SUCH A DISPUTE. YOU UNDERSTAND THAT BY AGREEING TO THE FOREGOING AND THE MORE SPECIFIC ARBITRATION TERMS BELOW, EACH OF YOU AND DOFORMS ARE GIVING UP THEIR RIGHT TO FORM OR BE A PART OF A CLASS ACTION OR OTHER REPRESENTATIVE LAWSUIT. YOU ARE NOT, HOWEVER, WAIVING YOUR ABILITY TO RECOVER DAMAGES. ALTHOUGH ARBITRATION PROCEDURES ARE DIFFERENT FROM COURT PROCEDURES, AN ARBITRATOR CAN AWARD YOU INDIVIDUALLY THE SAME DAMAGES AND RELIEF AS A COURT, AND JUDGMENT ON THAT AWARD MAY BE ENTERED AND ENFORCED IN ANY COURT OF COMPETENT JURISDICTION.

    (c) Arbitration Procedures. Except for the right of a party to seek injunctive relief in any U.S. court of competent jurisdiction, all claims, causes of actions and disputes (collectively, “Disputes”) that cannot be resolved by you and doForms after a good faith effort at negotiation shall be submitted for arbitration administered by the American Arbitration Association (“AAA“). The AAA will apply the Commercial Arbitration Rules (excluding any rules or procedures governing or permitting class actions). You can get procedures (including the process for beginning an arbitration), rules, and fee information from the AAA website (www.adr.org). The party seeking to commence arbitration must first notify the other party in writing at least 30 days in advance of initiating the arbitration. Notice to doForms should be sent to our mailing address “ATTN: Arbitration Demand.” We will provide notice to your email address(es) and street address(es), if any, associated with your Account at the time the notice is sent, if any. The notice must describe the nature of the claim and the relief being sought. Regardless of such notice, no arbitration may be commenced if barred by the statute of limitations applicable to the Dispute. The arbitrators shall have no power to award punitive damages or any other damages not measured by the prevailing party’s actual damages or damages in excess of the limitations set forth in Section 11. Even if other portions of these arbitration provisions are held to be invalid or unenforceable, the arbitrators shall not have the power award or impose any remedy that could not be made or imposed by a court sitting in the jurisdiction and venue agreed to by you and doForms and deciding the matter in accordance with the governing law agreed to by you and doForms. All aspects of the arbitration including the result shall be treated as confidential and shall not be disclosed unless required by legal, audit, or regulatory requirements. The amount of any settlement offer made by either of us prior to arbitration cannot be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. The arbitration proceedings are subject to the US Federal Arbitration Act and hereby declared to be self-executing, and it shall not be necessary to petition a court to compel arbitration. The award of the arbitrators shall be binding and judgment upon the award rendered by the arbitrators may be entered in any court having jurisdiction. Unless you and doForms agree otherwise, the arbitration will occur in U.S. English and take place in Cranford, New Jersey. Payment of any fees will be decided by the applicable AAA rules.

    (d) Class Action Waiver. YOU AND DOFORMS AGREE THAT EACH MAY BRING CLAIMS TO THE FULLEST EXTENT LEGALLY PERMISSIBLE AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and doForms agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. If for any reason the class action waiver set forth above cannot be enforced as to some or all of the Dispute, then the agreement to arbitrate will not apply to that Dispute or portion thereof. Any Disputes covered by any deemed unenforceable class action waiver provision may only be litigated in a court of competent jurisdiction, but the remainder of the agreement to arbitrate will be binding and enforceable. For the avoidance of doubt, you and doForms do not agree to class arbitration or to the arbitration of any claims brought on behalf of others.

  14. Notice. doForms may provide notices to you via the e-mail address provided in your Account Information. We will provide copies of notices of breach via reputable overnight courier. Notices to doForms will be provided via reputable overnight courier to the address specified above with “ATTENTION: [your name] Account” in the address. Email notices are deemed given one business day after sending unless the sending party receives an undeliverable message in which case an alternative method hereunder will be used. All other such notices by either party shall be deemed given three business days after being sent.
  15. Miscellaneous. Section headings are used for convenience of reference only. Failures in performance beyond our reasonable control are excused. Unenforceable provisions will be reformed to permit enforceability with maximum effect to the original intent and remaining provisions shall not be affected. No joint venture, partnership, employment, or agency relationship exists between you and doForms as a result of this EULA or use of the Products. Waiver of a breach is not waiver of other or later breaches. It is your responsibility to ensure that your contact and account information (including your email and billing addresses) are current and correct, and you must promptly notify doForms in writing of any changes to such information. By entering into this EULA, you grant permission to doForms to use your company name and logo for the limited purpose of identifying your organization as a doForms’ customer. This EULA is the entire agreement between you and doForms with respect to the Products, supersedes all previous or contemporaneous written and verbal agreements or proposals relating to the same subject matter and cannot be amended or modified by you except with our written agreement. This EULA may be modified by doForms from time to time at its sole discretion. Each updated or supplemented version shall supersede the prior version. If any payment obligation under this EULA or pursuant to any order you make to license or use the Products through doForms is not paid when due, you promise to pay doForms all costs of collection, including reasonable attorney fees, whether or not a lawsuit is commenced as part of the collections process. Purchase orders or similar documents issued by you or your agents are void and of no effect. If your procurement processes require issuance of an internal purchase order, neither such purchase order nor its terms shall supersede, replace or amend this EULA. Sections 4, 10, 13, 14, 16 and those portions of Sections 8, 9, 11,17 and this Section 15 which by their nature should survive, shall survive termination or expiration of this EULA.
  16. Purchases via Authorized Reseller. If you purchase the Products through a Reseller, you acknowledge that such Reseller does not have any authority to bind doForms. The only warranties, representations and indemnification obligations, and doForms only liability to you, whether under this EULA, your agreement with the Reseller or otherwise, are the terms expressly contained in this EULA. Any additional terms provided by Reseller will, as between you and doForms, be null and void ab initio. A Reseller may not make any modifications to this EULA and doForms has no liability whatsoever for any actions or omissions of any Reseller. In the event of any discrepancies, inconsistencies, or conflicts between the applicable sections of this EULA and your agreement with the Reseller with respect the Products, the applicable provisions of this EULA shall prevail.
  17. Country Specific Terms. If local law in your principal place of business requires jurisdiction-specific terms supplementing or modifying the terms of this EULA (“Local Law Terms”), then such terms will be set forth in an addendum for Local Law Terms. In the case of conflict between terms contained in the body of this EULA and the Local Law Terms, the Local Law Terms shall prevail but only with respect to their specific subject matter.