path: root/terms.txt

                             Plex Terms of Service

   Revised July 10, 2015

   Thank you for using Plex! By accessing, using, downloading, or visiting
   any Plex “Service(s)”, which includes the Plex website, Plex software and
   products described here, and any other products or materials provided by
   Plex GmbH, a Swiss company, and its affiliates (together, “Plex”), you
   agree to the terms (“Terms”) listed in this agreement (“Agreement”). Plex
   reserves the right to amend these Terms at any time and without notice.
   Any revisions to the Terms will be posted on the Plex website. By
   continuing to access or use the Services, you accept any changes or
   revisions to the Terms.

  Plex Software

    1. Plex grants you a personal, non-commercial, worldwide, royalty-free,
       revocable, non-transferable, non-sublicensable, and non-exclusive
       license to use the software provided to you by Plex as part of the
       Services (“Software”). This license is for the sole purpose of
       enabling you to use and enjoy the benefit of the Services in the
       manner permitted by these Terms.
    2. The Software includes certain executable modules that Plex has
       licensed from third party providers (“Third Party Components”) that
       may be subject to different end user license terms as specified in the
       license agreement(s) provided with such Third Party Components.
    3. Except as provided in the next section, you may not, or allow anyone
       else to, directly or indirectly to: (1) copy, modify, distribute,
       sell, or lease any part of the Software; (2) reverse engineer,
       disassemble, decompile, or otherwise attempt to discover the source
       code or structure, sequence, and/or organization of all or any part of
       the Software, unless laws prohibit those restrictions or you have our
       written permission; (3) rent, lease, or use the Software for
       timesharing or service bureau purposes; (4) develop any improvement,
       modification, or derivative works of the Software, or include any
       portion thereof in any other product, software, work, equipment, or
       item (except that you may customize and/or modify the Software only as
       set forth in the documentation or as authorized in any license
       agreement of Plex’s third party licensors and applicable to Third
       Party Components); or (5) allow the transfer, transmission, export, or
       re-export of the Software or any portion thereof or any technical data
       associated with any Software.
    4. Plex grants you a personal, non-commercial, worldwide, royalty-free,
       revocable, non-transferable, non-sublicensable, and non-exclusive
       license to reproduce the Plex Media Server Software (PMS Software) in
       copies and distribute the copies to others, provided that: you may not
       charge a fee for the PMS Software, and you may not individually charge
       for installing it; you may copy, distribute and install the PMS
       Software only as others actually need the PMS Software, and not more
       than five (5) times per calendar day or more than twenty-five (25)
       times per calendar month; you may not offer the PMS Software to the
       public for downloading on or in connection with any commercial online
       site, whether or not a fee is charged for the PMS Software; you shall
       comply with all other terms and conditions set forth in this document;
       you agree that Plex may revoke or terminate the license granted to you
       under this paragraph at any time for any reason in its sole
       discretion. As an example, this section is intended to permit
       reasonable copying and distribution of the PMS Software in connection
       with services such as home theater or home media center installation
       in which you install the PMS Software on the computers of your
       customers as a convenience in connection with other services or
       products that you are providing to them, and/or in Arch Linux
       repositories and similar distributions.
    5. You shall maintain and shall not remove nor obscure any proprietary
       notices on the Software, and shall reproduce such notices exactly on
       all permitted copies of the Software.
    6. You may reverse engineer the Software solely (1) as permitted by
       applicable law, or (2) for the purpose of debugging modifications made
       by you to certain third party files in source code format that are
       licensed under the GNU Lesser General Public License (LGPL) or under
       the GNU General Public License version 2 (GPL2) and only provided that
       you have made, prior to any such reverse engineering permitted under
       this sentence, unsuccessful prior reasonable good faith efforts to
       debug such modifications using techniques other than the reverse
       engineering of the Software.
    7. As between the parties and except as otherwise provided in any license
       agreement for Third Party Components, Plex shall own all title,
       ownership rights, and intellectual property rights in and to the
       Software, and any copies or derivative works thereof, except that by
       downloading the Software, you retain any title that you may own in and
       to the recording media on which the Software is recorded.
    8. You understand that Plex or its licensors may modify or discontinue
       offering the Services at any time.
    9. You shall not make, or assist others in making, any use of data
       adapters or similar technologies used by or with the Services that are
       designed to receive and use data from Plex, its third party data
       providers, and their affiliates and third parties, other than to
       receive and use such data in accordance with these Terms and your
       agreement with the third party data providers, and their affiliates
       and third parties, including without limitation any data passing
       through the Services or otherwise effectively made available by any
       Service through an API, a download, a database, or the like.
   10. This Agreement does not entitle you to any support, upgrades, patches,
       enhancements, or fixes (collectively, “Support”) for the Services. Any
       such Support for the Services that may be made available by Plex, in
       its sole discretion, shall become part of the Services and will be
       subject to these Terms.

  Data

   Data provided by Plex or other third party data providers may be delayed
   or unavailable as specified by Plex or such third party data providers.
   Plex does not verify any data provided by Plex or other third party data
   providers and disclaims any obligation to do so. Plex, its third party
   data providers, and each of their affiliates and business partners: (1)
   expressly disclaim the availability, accuracy, adequacy, or completeness
   of any data or third party data provider, and (2) shall not be liable for
   any errors, omissions, or other defects in, unavailability of, delays or
   interruptions in such data or third party data provider.

  Acceptable Use

    1. You may not, or allow anyone else to, use any of the Services to do
       the following:
         1. Infringe the intellectual property rights, proprietary rights, or
            rights of publicity or privacy of any third party;
         2. Violate any law, statute, ordinance, or regulation, or perform
            any other action that would incur civil liability or constitute a
            crime;
         3. Disseminate, transfer or store information or materials in any
            form or format that is harmful, threatening, abusive, harassing,
            tortuous, defamatory, vulgar, obscene, libelous, or otherwise
            objectionable, or that otherwise violate any law or right of any
            third party; or
         4. Disseminate any software viruses or any other computer code,
            files, programs, or the like that may without limitation
            interrupt, destroy, or limit the functionality of any computer
            software or hardware or telecommunications equipment, violate the
            security of any computer network, or the like.
    2. If the occurrence of any prohibited use comes to our attention, we
       reserve the right to disable any accounts associated with prohibited
       use or otherwise terminate your access to the Services.

  Your Content

    1. You continue to retain any ownership rights you have in content you
       make available via the Services, or otherwise use in conjunction with
       the Services. However, by using the Services with particular content,
       for example by using the Services to share particular content or
       access particular content, you grant to Plex (and to each of the third
       parties with whom we work to provide you with the Services) a
       worldwide license to reproduce, modify, create derivative works,
       transmit, publish, publicly perform, publicly display, distribute, and
       otherwise use the particular content and metadata associated with the
       content, such as images of you or images otherwise associated with
       your account. The rights you grant us in this license are only for the
       limited purpose of providing you with our Services. You may not use
       the Services in connection with any content for which you do not have
       the right to grant us this license.
    2. The Services may include features that allow you to share your content
       with others. Please be careful when choosing to share content with
       other users; Plex is not responsible for how others use your content.
       Additionally, you hereby grant to any user with whom you share content
       a non-exclusive license to access the content through the Service, and
       to use, reproduce in copies, distribute, display and perform the
       shared content as permitted through the functionality of the Service
       and under this Agreement. You may not share any content with others
       via the Services if you do not have the right to grant this license to
       any user with whom you share the content.
    3. You understand that Plex may delete any content that you post in or
       contribute to a message forum or similar service that Plex hosts, in
       its sole discretion, for any reason.

  Content of Others

    1. You acknowledge that all content that you access through use of the
       Software or other Services is accessed at your own risk, and you will
       be solely responsible for any damage or liability to any party
       resulting from such access.
    2. You understand that by using the Services you may encounter content
       that you may find offensive, indecent, or objectionable. Plex does not
       inspect, screen, or otherwise control the content that is posted,
       shared or made available via the Services, and Plex does not guarantee
       the accuracy, integrity or quality of such content.
    3. You acknowledge that unauthorized use of copyrighted content of others
       may subject you to civil and criminal penalties, including possible
       monetary damages, for copyright infringement.

  Developers and Interfacing Software

    1. “Interfacing Software” means any software that you obtain or provide
       and that accesses or calls any Software provided by Plex as part of
       the Services including, but not limited to, plug-ins for the Services,
       channel plug-ins, metadata agents, and client applications that
       communicate directly or indirectly with the Services.
    2. By making, or assisting others in making, Interfacing Software, you
       agree to the following terms:
         1. You grant Plex and its affiliates worldwide a worldwide,
            non-exclusive, and royalty-free right and license to use
            (including testing, hosting and linking to), copy, publicly
            perform, publicly display, reproduce in copies for distribution,
            and distribute the copies of any Interfacing Software made by you
            or with your assistance.
         2. You will include in the source code of the Interfacing Software a
            copyright notice of the form: Copyright © <year> <copyright
            holders>. You grant, and authorize Plex to grant on your behalf
            if necessary, a license, free of charge, to any person obtaining
            a copy of the Interfacing Software and associated documentation
            files from Plex, to deal in the Interfacing Software without
            restriction, including without limitation the rights to use,
            copy, modify, merge, publish, distribute, sublicense, and/or sell
            copies of the Interfacing Software, and to permit persons to whom
            the Interfacing Software is furnished to do so, subject to the
            following conditions: The above copyright notice and this
            permission notice shall be included in all copies or substantial
            portions of the Interfacing Software. THE INTERFACING SOFTWARE IS
            PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR
            IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF
            MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
            NON-INFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT
            HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY,
            WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING
            FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR
            OTHER DEALINGS IN THE INTERFACING SOFTWARE.
         3. You may notify us if you do not wish for Plex to use, distribute,
            copy, publicly perform, publicly display, reproduce in copies for
            distribution, or distribute copies of any Interfacing Software
            that was created by you. Plex will comply with such a request but
            Plex must be granted a transition period of thirty (30) days
            after receipt of the request to comply.
            A request to take down Interfacing Software must include (1) an
            identification of the Interfacing Software you wish to be
            removed; (2) your signature in either electronic or physical
            form; and (3) the following statements:
               * “I swear under penalty of perjury that I am the owner of the
                 Interfacing Software or I am authorized to act on behalf of
                 the owner of the Interfacing Software.”
               * “I swear under penalty of perjury that the information in
                 this notification is accurate.”
         4. You shall protect the privacy and legal rights of Plex users. If
            the users provide, or the Interfacing Software accesses or uses,
            user names, passwords, or other login information or personal
            information, you must make the users aware that such information
            will be available to the Interfacing Software, and you must
            provide privacy notices and protection for those users in
            compliance with applicable law. Further, the Interfacing Software
            may use that information only for the limited purposes for which
            the user has given you permission to do so. If the Interfacing
            Software stores personally identifying information of users or
            information that a reasonable user would consider to be
            sensitive, then the Interfacing Software must do so securely and
            only for as long as it is needed. However, if the user has opted
            or entered into a separate agreement with you that allows you or
            the Interfacing Software to store or use personally identifying
            information of users or information that a reasonable user would
            consider to be sensitive, then the terms of that separate
            agreement will govern your use of such information. If the user
            provides the Interfacing Software with Plex account information,
            the Interfacing Software may only use that information to access
            the user’s Plex account when, and for the limited purposes for
            which, the user has given you permission to do so.
         5. Prohibited Uses. Plex prohibits performing certain actions using
            the Interfacing Software. You shall not make, or assist others in
            making, any Interfacing Software that:
              1. Knowingly violates a third party’s terms of service;
              2. Violates any applicable laws or regulations;
              3. Interferes with, disrupts, damages, harms, or accesses in an
                 unauthorized manner the machines, hardware. devices,
                 servers, networks, data, or other properties or services of
                 any other party including, but not limited to, Plex users,
                 Plex or any network operator;
              4. Posts misleading information about an application’s purpose;
              5. Infringes on the intellectual property rights of others; or
              6. Performs any other prohibited action listed under
                 “Acceptable Use” above.
         6. You will require your end users to comply with any applicable law
            and these Terms. You will not knowingly enable your end users to
            violate applicable law or these Terms.
         7. You shall indemnify and hold harmless Plex and its officers,
            directors, employees, contractors, licensors, suppliers,
            distributors, contractors, agents, and third party contributors
            from any claims, damages, liabilities, costs and fees (including
            reasonable attorney fees) arising from any use of the Interfacing
            Software or from Plex’s distribution of the Interfacing Software.
         8. Brand Features and Attribution
              1. “Brand Features” is defined as the trade names, trademarks,
                 service marks, logos, domain names, and other distinctive
                 brand features of a party. Except where expressly stated,
                 these terms do not grant either party any right, title, or
                 interest in or to the other party’s Brand Features. Any use
                 by you of Plex’s Brand Features (including any goodwill
                 associated therewith) will inure to the benefit of Plex.
                 Plex Brand Features include the Plex Play Logo (“>” in
                 stylized format) and the trademarks, trade names and designs
                 as may be identified from time to time in the Plex Trademark
                 Notice that is posted at
                 https://www.plex.tv/about/privacy-legal/.
              2. You must seek prior written approval from Plex to display
                 Plex’s Brand Features, including for the purpose of
                 promoting or advertising that your Interfacing Software is
                 for use in conjunction with Plex Services. Plex, in its sole
                 discretion and in a separate writing such as an e-mail from
                 an authorized representative of Plex, may grant you a
                 revocable, non-transferable, nonexclusive license, without
                 right of sub-license, to display Plex’s Brand Features for
                 the purpose of promoting or advertising that your
                 Interfacing Software is for use in conjunction with Plex
                 Services. You understand and agree that Plex has the sole
                 discretion to determine whether your attribution(s) and use
                 of Plex’s Brand Features are in accordance with the above
                 requirements and guidelines and that Plex may revoke the
                 license granted herein at any time, or may require you to
                 modify your use of Plex’s Brand Features, for any reason in
                 its sole discretion.
              3. You will not make any statement that suggests a partnership
                 with, sponsorship by, or endorsement by Plex, without Plex’s
                 express prior written approval.
              4. In the course of promoting, marketing, or demonstrating the
                 Services, Plex may produce and distribute incidental
                 depictions, including screenshots, video, or other content
                 from your Interfacing Software, and may use your company or
                 product name. You grant us all necessary rights for the
                 above purposes.

  Children

   While Plex does distribute products that may be used by children, the
   Services are not intended to be used by children, without involvement,
   supervision, and approval of a parent or legal guardian. Therefore, if an
   account owner sets parental controls or establishes sub-accounts that the
   account owner intends to permit a child to use, the account owner should
   not reveal the account password to the child. Plex and its contributors
   may not provide controls that restrict the maturity level of content
   available via Plex and an adult account owner has sole responsibility for
   determining what maturity level is appropriate for or accessible to any
   children whom the account owner permits to use the Plex service or a
   sub-account.

  NO WARRANTY

    1. PLEX SERVICES ARE PROVIDED “AS IS”. PLEX MAKES NO WARRANTY OF ANY
       KIND, EXPRESS OR IMPLIED, AND PLEX EXPRESSLY DISCLAIMS ALL WARRANTIES
       WITH RESPECT TO THE PLEX SERVICES, INCLUDING WITHOUT LIMITATION, ANY
       IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
       PURPOSE AND NONINFRINGEMENT. FURTHER, PLEX DOES NOT WARRANT AGAINST
       ERRORS, OMISSIONS, RESULTS OF USE, OR THAT PLEX SERVICES ARE BUG FREE
       OR ERROR FREE OR THAT USE WILL BE UNINTERRUPTED. THIS DISCLAIMER OF
       WARRANTY CONSTITUTES AN ESSENTIAL PART OF THE AGREEMENT. ALL THE
       FOREGOING DISCLAIMERS ALSO APPLY IN FULL WITH RESPECT TO PLEX’S
       LICENSORS, SUPPLIERS, DISTRIBUTORS, CONTRACTORS, AGENTS, AND THIRD
       PARTY CONTRIBUTORS. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED
       WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
    2. You agree that Plex and its officers, directors, employees, and
       contractors are not responsible for any fault, inaccuracy, error,
       omission, delay or any other failure of your equipment and/or services
       caused by Plex’s hardware, software, cabling, network services, or the
       like, or arising from Plex’s use of such equipment and/or services.
    3. The above disclaimer of warranty applies to software developed by Plex
       and any software developed by a third party and provided by Plex
       including, but not limited to, Interfacing Software developed by any
       Plex user.

  Limitation of Liability and Damages

    1. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, INCLUDING, BUT NOT
       LIMITED TO, TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR
       OTHERWISE, SHALL PLEX BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY:
       (I) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF
       ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS,
       LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, COMPUTER FAILURE
       OR MALFUNCTION, LOSS OF DATA, OR OTHER DAMAGES RESULTING FROM YOUR USE
       OF THE SOFTWARE; OR (II) FOR ANY MATTER BEYOND ITS REASONABLE CONTROL.
       PLEX’S AGGREGATE LIABILITY FOR DAMAGES OF ANY KIND WHATSOEVER ARISING
       OUT OF THIS AGREEMENT SHALL BE LIMITED TO THE LESSER OF THE TOTAL FEES
       PAID BY YOU TO PLEX (IF ANY) FOR THE PORTION OF THE SOFTWARE THAT GAVE
       RISE TO SUCH DAMAGES OR $100 (U.S.), EXCEPT WHERE NOT PERMITTED BY
       APPLICABLE LAW, IN WHICH CASE PLEX’S LIABILITY SHALL BE LIMITED TO THE
       MINIMUM AMOUNT PERMITTED BY SUCH APPLICABLE LAW. ALL THE FOREGOING
       LIMITATIONS SHALL APPLY EVEN IF EITHER PARTY HAS BEEN INFORMED OF THE
       POSSIBILITY OF SUCH DAMAGES. ALL THE FOREGOING LIMITATIONS ALSO APPLY
       WITH RESPECT TO PLEX’S SUPPLIERS, LICENSORS, DISTRIBUTORS,
       CONTRACTORS, AGENTS, AND THIRD PARTY CONTRIBUTORS. SOME STATES DO NOT
       ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL
       DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.
    2. The above limitations and exclusions apply to software developed by
       Plex and any software developed by a third party and provided by Plex
       including, but not limited to, Interfacing Software developed by Plex
       user.

  Third-Party Materials

   This website and other Services may provide links to websites, software,
   or other materials provided by third parties. Plex does not endorse and is
   not responsible or liable for the availability, accuracy, safety, or
   intellectual property rights of or relating to such content. Plex is not
   liable for any harm caused by any such materials.

  Malware

   “Malware” means any known, discovered, envisioned, or invented, or any yet
   to be known, discovered, envisioned, or invented: (i) virus, Trojan horse,
   or any other harmful, harassing, or malicious software; or (ii) method,
   use, or means by which any software, firmware, equipment, device,
   communications medium, person, entity, or the like directly or indirectly
   engages in or is used for: (a) any unauthorized access; (b) any
   unauthorized communication; or (c) any cracks, hacks, exploits, or other
   activity, method, use, or means, that may cause harassment, harm, data
   loss, data theft, loss of communication, loss of privacy, or the like. You
   acknowledge that the Internet, Internet service providers, shared or
   dedicated telecommunication lines, wireless access points and wireless
   networks, other forms of communication, online resources including
   websites and cloud computing environments, or other means that you use to
   connect to the Software may not be secure and may be vulnerable to attack
   by third parties, and that it is possible to receive Malware by using the
   Internet, dedicated lines, other forms of communication, or other means.
   In order to protect the Software, you shall regularly obtain, use, and
   update appropriate third party software or other means to protect yourself
   from Malware and to detect and remove Malware that may be downloaded using
   the Internet, dedicated lines, other forms of communication, or other
   means. Plex does not warrant that the Software will be free of Malware
   including, but not limited to, Malware that is introduced by third
   parties, the Internet, dedicated lines, other forms of communication, or
   other means.

  Waiver and Indemnity

   You agree that Plex and its licensors, distributors, contractors, agents,
   and third party contributors shall have no liability whatsoever for any
   use you make of the Services. You shall indemnify and hold harmless Plex
   and its licensors, suppliers, distributors, contractors, agents, and third
   party contributors from any claims, damages, liabilities, costs and fees
   (including reasonable attorney fees) arising from your use of the Plex
   Services as well as from your failure to comply with any of the Terms, or
   any losses, damages, claims, costs, and/or attorneys’ fees arising from
   any use of or reliance upon any information received in connection with
   the Services that comprises or is based upon data provided by Plex or any
   third party.

  Termination of Services

   Plex may at any time, with or without cause and with or without prior
   notice, immediately terminate or suspend your Plex account or otherwise
   terminate or suspend your access to all or a portion of the Services.
   Cause for such termination may include: (a) violations of the Terms or any
   other policies or guidelines that are referenced herein; (b) a request by
   you to cancel or terminate your account; (c) a request and/or order from
   law enforcement, a judicial body, or other government agency; (d) where
   providing the Services to you is or may become unlawful; (e) unexpected
   technical or security issues or problems; or (f) your participation in
   fraudulent or illegal activities. Any such termination or suspension shall
   be made by Plex in its sole discretion and Plex will not be responsible to
   you or any third party for any damages that may result or arise out of
   such termination or suspension of your access to the Services.

  Miscellaneous

    1. This Agreement does not give you any rights not expressly and
       unambiguously granted herein.
    2. No agency, partnership, joint venture, or employment is created as a
       result of this Agreement and you do not have any authority of any kind
       to bind Plex in any respect whatsoever.
    3. If any provision of this Agreement is found to be unenforceable or
       invalid, that provision shall be limited or eliminated to the minimum
       extent necessary so that this Agreement shall otherwise remain in full
       force and effect and enforceable.
    4. This Agreement is not assignable, transferable, or sublicensable by
       you except with Plex’s prior written consent. Plex may transfer,
       assign, or delegate this Agreement and its rights and obligations
       without consent.
    5. Plex’s failure to enforce any right or provisions in this Agreement
       will not constitute a waiver of such or any other provision.
    6. This Agreement shall be governed by and construed in accordance with
       the laws of the state of California, as if made within California
       between two residents thereof, and the parties submit to the exclusive
       jurisdiction of the Superior Court of Santa Clara County and the
       United States District Court for the Northern District of California.
       Notwithstanding the foregoing sentence, but without limiting Plex’s
       right to seek injunctive or other equitable relief in any court of
       competent jurisdiction, any disputes arising with respect to this
       Agreement shall be referred to an arbitrator affiliated with the
       Judicial Arbitration and Mediation Services, Inc. (“JAMS”). The
       arbitrator shall be selected by joint agreement of the parties. In the
       event the parties cannot agree on an arbitrator within thirty (30)
       days of the initiating party providing the other party with written
       notice that it plans to seek arbitration, the parties shall each
       select an arbitrator affiliated with JAMS, which arbitrators shall
       jointly select a third such arbitrator to resolve the dispute. The
       written decision of the arbitrator shall be final and binding on the
       parties. The arbitration proceeding shall be carried on and heard in
       Santa Clara County, California using the English language and pursuant
       to the rules of (and administered by) JAMS. In any action or
       proceeding to enforce rights under this Agreement, the prevailing
       party will be entitled to recover costs and reasonable attorneys’ fees
       from the other party. A separate written license agreement or order
       and signed by Plex and you or your company, employer, or principal may
       state other terms and conditions that apply to you, including terms
       relating to price, payment, delivery, confidential information,
       support services, and the like. You are solely responsible to review
       such terms or conditions with your company, employer or principal. In
       the event of any conflict in terms, the terms of the separate license
       agreement shall supersede the terms of this Agreement.
    7. Both parties agree that this Agreement is the complete and exclusive
       statement of the mutual understanding of the parties and supersedes
       and cancels all previous written and oral agreements, communications,
       and other understandings relating to the subject matter of this
       Agreement.
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