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END USER LICENSE AGREEMENT

Terms and Conditions


9 November 2017
IMPORTANT NOTICE
This End User License Agreement relates to the program information and data relating to Datgel’s Licensed Software
applications and/or Licensed Materials (“the Product”). If the Product is used in Oceania, the Licensor is, Datgel Pty Ltd
(ABN 31 116 883 731). Otherwise, if the Product is used in Malaysia the Licensor is Datgel Asia (Malaysia) Sdn Bhd (Co.
No. 1057860-M), and otherwise or an International Licence is purchased the Licensor is Datgel Asia Pte Ltd (Co. Reg. No.
201132358H) (in each case separably “Datgel”).
1. DEFINITIONS
The meaning of general words is not limited by specific examples introduced by including, for example, such as or similar
expressions.
Command Execution: means a single instance of executing a particular unit of functionality inside a software application,
such as but not limited to performing a series of mathematical calculations over data which is launched from a single user
interface gesture.
Computer Network Technology: means a computer network of any description using any communication protocol, whether
using technologies now known or later devised, including but not limited to Microsoft Terminal Server, Microsoft Remote
Desktop, Citrix application server or any form of thin client application server.
gINT Objects: intellectual property for use with Bentley gINT software, including but not limited to reports, other gINT
library items, database design, correspondence files, specifications, user guides, manuals, training materials and other
correspondence.
Hardware Key: is a peripheral physical device, commonly known as a “dongle”, which may be inserted into a Universal
Serial Bus (“USB”) port on a physical computer and validates Licensed Software copied to that computer complies with the
terms of the License granted pursuant to this Agreement.
Licensed Material: any intellectual property owned by Datgel and supplied to the Licensee (excluding Licensed Software),
particularly, but not limited to gINT Objects, computer source code, software library components, software manuals or user
guides, training materials, electronic templates, documents, databases, data structures or models, specifications, reports,
report configurations, layouts, designs, graphic artwork and any other intellectual property recognized by law.
Licensed Software: means software and object code owned by Datgel and supplied to the Licensee.
Licensee (“You”): means the second-party to this Agreement and any/all of its employees, agents, officers and
subcontractors. Each of the entities which the Licensee controls (but only for so long as it retains such control) and for
which entities it has notified Datgel in writing in advance of such usage and agreement to these terms shall be Licensees.
For the purpose of this clause control means (a) owns 51% or more of that entity either directly or indirectly or (b) franchises
that entity.
Office: means a real property used by an organisation for the purposes of conducting business which has a single and unique
street or postal address.
Product: means the Licensed Software and any accompanying License Materials and includes instances where several
differently named or marketed products are supplied.
Software Key: means electronic file(s) located on a computer’s hard drive that validates Licensed Software copied to that
computer complies with the terms of the License granted pursuant to this Agreement.
Subscription License: means a license that may be used over a defined time period (e.g. 3 months), as specified on Datgel’s
invoice.
2. WARNING
Do not install or use the Product until you have read and accepted all of the terms of this License and wish to become the
licensee of the Product. When you accept, you agree to be bound by the terms and conditions of this License. If you do not
wish to accept the terms, please do not activate the Product, but contact Datgel for a refund. You must not install and use the
Product if to do so would be illegal or unlawful use of the Product.
3. COPYRIGHT
The Product is copyright protected and intended to be used only by persons authorised by Datgel. All updates, amendments
or modifications to the Product shall belong to Datgel. No use or disclosure of the Product is otherwise permitted and it may
not be reproduced by any process, electronic or otherwise, without the specific written permission of Datgel.
4. TRIAL VERSIONS
If the Product version you download, install, copy, access, or otherwise use is a trial version of the Product (“Trial Version”),
the total amount of time such Trial Version may be operated shall not span a period of more than 14 days or exceed 30
“Add-in” Command Executions or 200 “gINT table and system” Command Executions, without Datgel’s express consent.
In addition to being subject to each of the other conditions of this Agreement, the Trial Version Product may not be installed,
used, operated, or accessed electronically via Computer Network Technology.
When using a Trial Version Product license, gINT Objects may not be altered, copied or used for any purpose other than to
trial or evaluate the Datgel Product.

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5. PROMOTIONAL OR EVALUATION VERSIONS
The License granted herein is effective whether or not payment has been made for the Product or Trial Version. This applies
to licenses granted for promotional, evaluation and/or testing purposes, or any other purpose where payment has not been
made and the Trial Versions license does not apply (“Evaluation Version”).
The total amount of time such Evaluation Versions may be operated shall not span a period of more than 14 days 30 “Add-
in” command executions or 200 “gINT table and system” command executions, without Datgel’s express consent.
When using a Promotional or Evaluation Version Product license, gINT Objects may not be altered, copied or used for any
purpose other than to promote, test, trial or evaluate the Datgel Product.
6. ACADEMIC VERSIONS
6.1 ACADEMIC USE
If the Product version you download, install, copy, access, or otherwise use is an academic version of the Product
(“Academic Version”), further to other License conditions described in this Agreement the Product may only be used for the
purpose of:
i. teaching or studying for an accredited course at a tertiary education institution connected with students attaining a
widely recognised academic qualification such as a certificate, degree or diploma;
ii. non-commercial research at a tertiary educational institution or any other kind of widely recognised research institution.
6.2 RESTRICTED USE
An Academic Version of the Product may not be used:
i. by faculty, employees or students of the tertiary education institution for purposes not connected with an accredited
course of study, such as but not limited to courses provided to alumni or other non-enrolled persons for the purpose of
ongoing career training;
ii. in any circumstances where the course of study or research has been funded in part or wholly by a commercial entity,
including commercial entities owned in whole or part by the tertiary education institution;
iii. in any circumstances where research is intended for use by a commercial entity, whether or not the entity has funded the
research; or
iv. for any other commercial purpose.
6.3 DISTRIBUTION TO STUDENTS
If the Licensee is a tertiary education institution it may distribute licensed copies of the Product to enrolled students,
providing:
i. the number of copies so distributed does not exceed the number purchased from Datgel;
ii. the Licensee may recover the cost of the Product from students at a price no greater than its own internal costs of
purchasing, copying and preparing the Product for distribution;
iii. the Licensee ensures students are aware of their responsibility to uninstall and/or delete the Product from their computer
equipment at the conclusion of the course of study or termination of this License and takes reasonable steps to ensure
students comply; and
iv. distribution under this clause in no way limits the Licensee’s responsibilities described in this Agreement for any and
all copies of the Product so distributed for which it remains liable.
6.4 INTERPRETATION
For an Academic License granted in Australia, the licensee tertiary education institution must be registered or accredited
under the provisions of the Tertiary Education Quality and Standards Agency Act 2011 (Cth).
In jurisdictions outside Australia where a similar tertiary education regulatory regime applies, the tertiary education
institution must be registered or accredited under that regime.
7. LICENSE GRANT
7.1 GENERAL TERMS
Datgel grants the Licensee a limited, revocable, non-exclusive, non-transferable license with no right to grant any sub-
license and no right of ownership to:
i. copy the Licensed Software into machine readable object code form;
ii. use the Licensed Materials supplied for its internal use only;
iii. make such number of copies of the Licensed Software as agreed with Datgel and detailed in an invoice or other
correspondence;
iv. make one copy of the Product in machine readable code form for back-up purposes including reproduction of the
copyright notice on the original copy supplied by the Datgel;
v. use a copy of the Product on Licensee’s Mobile Computer outside the licensed country (for License types that specify a
country restriction) or Office (for License Types that specify an Office restriction) for a continuous period not
exceeding twenty-eight (28) days after departure from the specified country or Office;

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vi. use the Product in accordance with the additional license requirements of the Hardware Key, Software Key or Other
License types as defined in this clause; and
vii. use the Product during the Subscription License period if it was licensed as a Subscription License.
7.2 PROHIBITIONS
The Product is provided solely for the use of the Licensee and its personnel as end users, for the purpose of conducting the
Licensee’s business activities. The Licensee must not:
i. supply one or more copies of the Product or any component thereof to an agent, subcontractor or third party, even
where such use would be in respect of conducting the Licensee’s business activities;
ii. market, distribute or transfer any copies of the Product to others outside the licensed organisation;
iii. allow any agent, sub-contractor or third-party to use copies of the Product or any component thereof, with the exception
of third-party use on the Licensee’s own premises and computer equipment;
iv. reproduce the Product or any component thereof by any means or process, electronic or otherwise;
v. redistribute copies of the Product or any component thereof, either alone or as a component of any other Product;
vi. modify, adapt, translate, rent, lease, loan, sell, distribute, network or create derivative works based upon Product or any
component thereof;
vii. decompile, reverse engineer, disassemble or otherwise reduce the Licensed Software to a form allowing other uses apart
from those described in this Agreement;
viii. operate or integrate the Licensed Software with any automated electronic process unattended by Licensee personnel;
ix. engage in password sharing, use Computer Network Technology or port aggregation to use the Licensed Software
without the express permission of Datgel; or
x. retain a copy of the Product or use the Product after a Subscription License has expired, with the exception that the
Licensee may retain a copy of project databases containing Licensee’s data unless this agreement is terminated.
7.3 SINGLE USER HARDWARE KEY LICENSE
Datgel’s software licensed under a “Single User Hardware Key License”:
i. allows a single copy of the Licensed Software to be used by any Licensee personnel on any of the Licensee’s personal
computers in combination with a Hardware Key or another Datgel Software usage control mechanism within the
licensed organisation and country specified in an invoice or other correspondence;
ii. Licensed Software may not be used over a computer network of any description with any Computer Network
Technology;
iii. does not allow Licensee to electronically transfer the Licensed Software from one computer to another over a network,
either on its own or as part of any other product or equipment without specific written permission of Datgel; and
iv. accompanying Licensed Material may only be used within the licensed organisation and licensed country.
7.4 COUNTRY NETWORK HARDWARE KEY LICENSE
Datgel’s software licensed under a “Country Network Hardware Key License” or “Country Network License”:
i. allows a limited number of copies of the Licensed Software to be used on any of the Licensee’s personal computers in
combination with a Hardware Key or another Datgel Software usage control mechanism, within the licensed
organisation and country, with respect to the maximum number of copies, organisation and country specified in an
invoice or other correspondence;
ii. may be used by any Licensee personnel over a computer network located entirely within the licensed country; and
iii. accompanying Licensed Material may only be used within the licensed organisation and licensed country.
7.5 INTERNATIONAL NETWORK HARDWARE KEY LICENSE
Datgel’s Products licensed under an “International Network Hardware Key License” or “International Network License”:
i. allows a limited number of copies of the Licensed Software to be used on any of the Licensee’s personal computers in
combination with a Hardware Key or another Datgel Software usage control mechanism, within the licensed
organisation, with respect to the maximum number of copies and the organisation specified in an invoice or other
correspondence;
ii. may be used by any Licensee Personnel over any computer network in any country; and
iii. accompanying Licensed Material may only be used within the licensed organisation.
7.6 SINGLE USER SOFTWARE KEY LICENSE
Datgel’s Products licensed under a “Single User Software Key License”, “Single User License”, “Single Computer Software
Key License” or a “Single Computer License”:
i. allows a single copy of the Licensed Software to be used by any personnel on any of the Licensee’s personal computers
within the licensed organisation and country specified in an invoice or other correspondence;
ii. with the exception of use concurrent with the Datgel Processor Affinity Manager Product, the Licensed Software may
not be used over a computer network of any description with Computer Network Technology;

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iii. does not allow Licensee to electronically transfer the Licensed Software from one computer to another over a network,
either on its own or as part of any other product or equipment without specific written permission of Datgel; and
iv. accompanying Licensed Material may only be used within the licensed organisation and licensed country.
7.7 OFFICE WIDE LICENSE
Datgel’s Products licensed under an “Office Wide License”:
i. allows an unlimited number of copies to be used on any of the Licensee’s personal computers within a single Office,
with respect to the organisation and Office specified in an invoice or other correspondence;
ii. may be used by any Licensee personnel over a computer network located entirely within the licensed Office; and
iii. accompanying Licensed Material may only be used within the licensed organisation at the licensed Office.
7.8 COUNTRY WIDE LICENSE
Datgel’s Products licensed under a “Country Wide License”:
i. allows an unlimited number of copies of the Licensed Software to be used on any of the Licensee’s personal computers
within the licensed organisation and country, with respect to the organisation and country specified in an invoice or
other correspondence;
ii. may be used by any Licensee personnel over a computer network located entirely within the licensed country; and
iii. accompanying Licensed Material may only be used within the licensed organisation and licensed country.
7.9 INTERNATIONAL LICENSE
Datgel’s Products licensed under an “International License”:
i. allows an unlimited number of copies of the Licensed Software to be used on any of the Licensee’s personal computers
within the licensed organisation in any country, with respect to the organisation specified in an invoice or other
correspondence;
ii. may be used by any Licensee personnel over a computer network located entirely within the licensed organisation; and
iii. accompanying Licensed Material may only be used within the licensed organisation.
7.10 COUNTRY SEAT LICENSE
Datgel’s software licensed under a “Country Seat License”:
i. allows a limited number of copies of the gINT Objects and Licensed Software to be used on any of the Licensee’s
personal computers within the licensed organisation and country, with respect to the maximum number of copies,
organisation and country specified in an invoice or other correspondence;
ii. the Licensed Software and gINT Objects will be used in combination with a Hardware Key, Software Key or another
Datgel Software usage control mechanism;
iii. may be used by any Licensee personnel over a computer network located entirely within the licensed country;
iv. accompanying Licensed Material, apart from gINT Objects, may only be used within the licensed organisation and
licensed country;
v. has two auxiliary types:
a) One to one with gINT license quantity:
1. this option applies when the Licensee purchases and maintains the same or more quantity of Country Seat
Licenses as the quantity of gINT licenses used;
2. the gINT Library is unlocked and gINT Rules is locked;
3. within 2 weeks of the end of a quarter the client is to provide Datgel with the past 6 months of gINT usage
using the Bentley SELECTserver report “Daily Peak Application Usage” or equivalent in an Excel format
file;
4. the initial purchase quantity of Country Seat Licenses must be greater than or equal to the 10th highest
number of gINT licenses used in a calendar hour by the organisation in the licensed country in the past 6
months, or if the organisation is new to gINT the number of gINT licenses held.; and
5. the quantity of Country Seat Licenses must be greater than or equal to the 10th highest number of copies of
the gINT Objects and Licensed Software used in a calendar hour by the organisation in the licensed country
in the past 6 months.
b) Lesser than gINT license quantity:
1. this option applies when the Licensee purchases a lesser quantity of Country Seat Licenses than the quantity
of gINT licenses used or doesn’t comply with auxiliary type “One to one with gINT license quantity” terms ;
and
2. the gINT Library and gINT Rules are locked, hence user cannot edit reports and other library objects, nor can
they merge/copy library objects.

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7.11 INTERNATIONAL SEAT LICENSE
Datgel’s software licensed under an “International Seat License”:
i. allows a limited number of copies of the gINT Objects and Licensed Software to be used on any of the Licensee’s
personal computers within the licensed organisation in any country, with respect to the maximum number of copies and
organisation specified in an invoice or other correspondence;
ii. the Licensed Software and gINT Objects will be used in combination with a Hardware Key, Software Key or another
Datgel Software usage control mechanism;
iii. may be used by any Licensee personnel over a computer network located entirely within the licensed organisation;
iv. accompanying Licensed Material, apart from gINT Objects, may only be used within the licensed organisation;
v. has two auxiliary types:
c) One to one with gINT license quantity:
1. this option applies when the Licensee purchases and maintains the same or more quantity of International
Seat Licenses as the quantity of gINT licenses used;
2. the gINT Library is unlocked and gINT Rules is locked;
3. within 2 weeks of the end of a quarter the client is to provide Datgel with the past 6 months of gINT usage
using the Bentley SELECTserver report “Daily Peak Application Usage” or equivalent in an Excel format
file;
4. the initial purchase quantity of International Seat Licenses must be greater than or equal to the 10th highest
number of gINT licenses used in a calendar hour by the organisation in the licensed country in the past 6
months, or if the organisation is new to gINT the number of gINT licenses held.; and
5. the quantity of International Seat Licenses must be greater than or equal to the 10th highest number of copies
of the gINT Objects and Licensed Software used in a calendar hour by the organisation in the licensed
country in the past 6 months.
d) Lesser than gINT license quantity:
1. this option applies when the Licensee purchases a lesser quantity of International Seat Licenses than the
quantity of gINT licenses used or doesn’t comply with auxiliary type “One to one with gINT license quantity”
terms ; and
2. the gINT Library and gINT Rules are locked, hence user cannot edit reports and other library objects, nor can
they merge/copy library objects.
7.12 SINGLE SERVER LICENSE
Datgel’s Products licensed under a “Single Server License”:
i. allows a single copy of the Licensed Software to be installed on one computer within the licensed organisation specified
in an invoice or other correspondence;
ii. may be used by any Licensee personnel over a computer network located entirely within the licensed organisation;
iii. the Licensed Software and gINT Objects will be used in combination with a Hardware Key, Software Key or another
Datgel Software usage control mechanism; and
iv. accompanying Licensed Material may only be used within the licensed organisation.
8. RESTRICTIONS
i. Where a License is granted with restrictions on country or Office of use and no invoice or other correspondence from
Datgel specifies the country or Office where the License is granted, the License applies to the country or Office where
the Product is first installed and/or used.
ii. All rights in and to the Product and written components thereof belong to Datgel and are protected by copyright and
other intellectual property laws governing ownership.
iii. YOU MUST NOT MODIFY, ADAPT, TRANSLATE, RENT, LEASE, LOAN, SELL, DISTRIBUTE OR CREATE
DERIVATIVE WORKS BASED UPON THE PRODUCT OR ANY PART THEREOF.
iv. The Product contains Datgel’s trade secrets and for the purpose of protecting the trade secrets you must not decompile,
reverse engineer, disassemble or otherwise reduce the Product to a humanly perceivable form. You agree not to
divulge, directly or indirectly, the trade secrets to any person, unless and until such trade secrets cease to be
confidential, for any reason other than your own fault or breach.
v. This Agreement shall endure to the benefit of and be binding upon any company successors and permitted assignees of
the respective parties.
9. UPDATES AND SUPPORT
Updates and Support are not included. If same are supplied, then such updates and support are supplied subject to these
terms and conditions and the applicable Datgel Support and Maintenance terms.

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10. TERMINATION
This License is effective until terminated by either party. The License will terminate automatically without notice from
Datgel if you fail to comply with any provision of this License. Upon termination you must destroy the Product and all
copies thereof. You may terminate this License at any time by destroying the Product and all copies thereof. Termination
shall be without prejudice to any rights Datgel may have as a result of your breach of this Agreement. Upon termination no
pro-rata refund (or other refund) is applicable.
11. LIMITED WARRANTY
Excluding Trial Versions and Evaluation Versions, Datgel warrants the Product shall comply with its documentation for a
period of ninety (90) days from the date of delivery
12. DISCLAIMER AND ACKNOWLEDGEMENTS
You acknowledge that:
i. geotechnical analysis is a complex area and the Product is not designed as a substitute in any way for professional
advice. You shall obtain or rely on your own professional advice before and when using the Product;
ii. supplied with the Product are certain notes and instructions and a failure to follow those instructions or notes carefully
could result in erroneous data being produced or actions being taken or not taken by you;
iii. whilst the Product may be used by persons without a detailed knowledge of computers, the Product is designed to be
used by persons who are familiar with geotechnical analysis. You shall check all data stored or provided by the Product
for any anomalies and compliance with law;
iv. the Product does not check for all anomalies and data incorrectly entered may be processed without question;
v. the Product does not necessarily comply with any standard or legislation;
vi. the Product is licensed on the strict understanding that Datgel is not responsible for the results of any actions taken,
either by You or a third party relying on data supplied or not supplied by the Product;
vii. Datgel cannot and does not warrant that the Product shall be available 24 hours a day or that any defect shall be
corrected within a specific time frame;
viii. The Product is not necessarily secure or without defect;
ix. Whilst Datgel undertakes reasonable endeavours to make the Product virus free it is not necessarily virus free and
Customer shall undertake its own scans before and during use.; and
x. Datgel is not responsible for:
a) ensuring that the Product is suitable for your requirements or fit for any purpose;
b) any interruption to the Product;
c) the supply or maintenance of your equipment, software or telephone lines;
d) monitoring, controlling or ensuring the accuracy, appropriateness or content of any information on the internet and
does not do so; and
e) any software available on the internet or supplied by third parties.
13. LIMITATION OF REMEDIES
i. To the full extent permitted by law, Datgel hereby excludes all conditions and warranties; whether imposed by statue or
by operation of law or otherwise, not expressly set out herein. The Product is provided 'as is' without warranty of any
kind. Datgel does not warrant, guarantee or make any representations regarding the use, or the results of the use, of the
Product with respect to its correctness, accuracy, reliability, correctness or otherwise. The Licensee receives no
warranty that the software is free of inaccuracies, errors, bugs, interruptions or other program limitations. The entire
risk arising out of the use or performance of the software always remains with you.
ii. Except as specifically set forth in this clause, Datgel makes no express or implied warranties or conditions including,
without limitation, the warranties of merchantability or fitness for a particular purpose, with respect to the Product. No
oral or written information or advice given by Datgel, its resellers, dealers, distributors, agents or employees, given at
any time during the period of this License, shall create a warranty or in any way increase the scope of this warranty and
you must not rely on any such information or advice.
iii. Nothing in this Agreement is intended or shall be construed as excluding or modifying any statutory rights, warranties
or conditions which may not be modified or excluded. If permitted by such legislation, however, Datgel's liability for
any breach of any such warranty or condition shall be and is hereby limited to (Datgel’s option):
a) the minimum requirements prescribed at law;
b) the supply of such part of the Product licensed hereunder again; or
iv. the correction of any defect in such part of the Product licensed hereunder, EXCEPT AS SET OUT IN THIS CLAUSE,
IN NO EVENT SHALL DATGEL BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT OR
CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS
PROFITS, BUSINESS INTERRUPTION, AND LOSS OF BUSINESS INFORMATION OR COMPUTER
PROGRAMS. AT ALL TIMES DATGEL’S MAXIMUM LIABILITY TO YOU SHALL BE LIMITED TO THE
RETAIL PRICE OF THE SOFTWARE PAID BY YOU.

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14. THIRD PARTY PRODUCTS
Datgel Products may from time to time incorporate third party code. Such code is licensed pursuant to the applicable end
user license agreement for such code. Your use of the Datgel products is subject to agreement to such applicable end user
license agreements which can be found at www.datgel.com/third-party-licenses.
15. COLLECTION OF USAGE DATA
Datgel may collect usage data, including but not limited to computer name, user name, internal IP, public IP of network, start
and end date/time of usage, and usage of particular features. Datgel may use the information for (a) ensuring compliance
with the license conditions, e.g. where you use the software, and how many concurrent users (b) better understanding your
use of the software and (c) reporting to you about your usage. Such information may be stored outside your jurisdiction.
16. GENERAL
i. If the Licensor is Datgel Pty Ltd, this Agreement will be construed under the laws of the New South Wales, Australia,
and any dispute concerning the construction or the performance of this Agreement or concerning any act or thing to be
done in pursuance of this Agreement shall be firstly submitted to mediation in accordance with the rules and practice of
the Australian Commercial Disputes Centre Limited and if same fails thereafter submitted to binding arbitration in
accordance with the rules and practice of the Australian Commercial Disputes Centre Limited. The seat and venue of
such mediation and arbitration shall be Sydney. The number of arbitrators shall be one.
ii. Otherwise, if the Licensor is Datgel Asia Pte Ltd or Datgel Asia (Malaysia) Sdn Bhd, this Agreement will be construed
under the laws of Singapore, and any dispute concerning the construction or the performance of any of these Conditions
or concerning any act or thing to be done in pursuance of this Agreement shall be firstly submitted to mediation before
a single arbitrator in Singapore in accordance with the Arbitration Rules of the Singapore International Arbitration
Centre (“SIAC Rules”).
iii. This Agreement contains the entire Agreement between the parties hereto with respect to the subject matter hereof, and
supersedes all prior agreements and/or understandings (oral or written).
iv. Failure or delay by Datgel in enforcing any right or provision hereof shall not be deemed a waiver of such provision or
right with respect to the instant or any subsequent reach.
v. If any provision of this Agreement shall be held by a court of competent jurisdiction to be contrary to law, so be it, but
the remaining provisions of this Agreement will remain in full force and effect.

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