End-User License Agreement
Copyright © OKViz – OKViz is a Trademark of OKViz Corp.
All rights reserved.
Effective Date: January 15, 2019
OKViz Power BI AppSource custom visuals
The "User License Agreement" for OKViz custom visuals hosted on Microsoft AppSource is available here: EULA - AppSource
OKViz Power BI Pro custom visuals
. By registering your use of the Service (as defined below), you are accepting to be bound to the terms of this User License Agreement.
(a) "Administrator" shall mean a Subscriber (as defined in Section 1(i)) with authority to designate additional Authorized Users and/or Administrators.
and any attached exhibits.
(c) "Authorized User" shall mean an individual subscriber or the partners, members, employees, temporary employees, and independent contractors of an organization with a subscription to the Service who have been added to the account as users.
(d) "Confidential Information" shall mean the Content (as defined in Section 1(e)) and any information, technical data, or know-how considered proprietary or confidential by either party to this Agreement including, but not limited to, either party’s research, services, inventions, processes, specifications, designs, drawings, diagrams, concepts, marketing, techniques, documentation, source code, customer information, personally identifiable information, pricing information, procedures, menu concepts, business and marketing plans or strategies, financial information, and business opportunities disclosed by either party before or after the Effective Date of this Agreement, either directly or indirectly in any form whatsoever, including in writing, orally, machine readable form or through access to either party’s premises.
(e) "Content" shall mean any information you upload or post to the Service and any information provided by you to OKViz in connection with the Service, including, without limitation, information about your Authorized Users or Registered Clients, as defined in Section 1(g).
(f) "Originating Subscriber" shall mean the Subscriber who initiated the Services offered by OKViz and is assumed by OKViz to have the sole authority to administer the subscription.
(g) "Registered Client" means an individual who has been invited to use the client-facing features of the Service in a limited capacity as a client of an Authorized User.
(h) "Service" shall mean any software, services or websites provided by OKViz.
(i) "Subscriber" shall refer to the purchaser of the Services provided by OKViz and shall also include any present or former agent, representative, independent contractor, employee, servant, attorney and any entity or person who had authority to act on your behalf.
(j) "Security Emergency" shall mean a violation by Subscriber of this Agreement that (a) could disrupt (i) OKViz’s provision of the Service; (ii) the business of other subscribers to the Service; or (iii) the network or servers used to provide the Service; or (b) provides unauthorized third party access to the Service.
2. Limited License & Use of the Service
2.1 Subscriber is granted a non-exclusive, non-transferable, non-assignable, non-sublicenseable limited license to access and use the Service.
2.2 OKViz does not review Content or pre-screen the contents of electronic data uploaded or posted to the Service and OKViz claims no intellectual property rights with respect to any Content.
2.3 Authorized Users agree not to reproduce, duplicate, copy, sell, resell or exploit access to the Service, use of the Service, or any portion of the Service, including, but not limited to the HTML, Cascading Style Sheet ("CSS") or any visual design elements without the express written permission from OKViz.
2.4 Authorized Users agree not to modify, reverse engineer, adapt or otherwise tamper with the Service or modify another website so as to falsely imply that it is associated with the Service, OKViz, or any other software or service provided by OKViz.
2.5 Authorized Users agree that they will not knowingly use the Service in any manner which may infringe copyright or intellectual property rights or in any manner which is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or in violation of the terms of this Agreement.
2.6 Authorized Users agree that they will not knowingly use the Service to upload, post, host, or transmit unsolicited bulk email "Spam", short message service "SMS" messages, viruses, self-replicating computer programs "Worms" or any code of a destructive or malicious nature.
2.7 Except for the non-exclusive limited license granted pursuant to this Agreement, Subscriber acknowledges and agrees that all ownership, license, intellectual property and other rights and interests in and to the Service shall remain solely with OKViz.
2.8 Authorized Users who configure the Service to share or make available certain Content to the public, are deemed to acknowledge and agree that everyone will have access to the Content ("Public Content"). OKViz reserves the right, at any time, in its sole discretion, to take any action deemed necessary with respect to Public Content that violates the terms of this Agreement, including, but not limited to, removal of such Public Content.
2.9 OKViz reserves the right at any time, and from time to time, to modify or discontinue, temporarily or permanently, the Service (or any feature thereof), with or without notice. You agree that OKViz will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. Continued use of the Service following any modification constitutes Subscriber’s acceptance of the modification.
2.10 OKViz reserves the right to temporarily suspend access to the Service for operational purposes, including, but not limited to, maintenance, repairs or installation of upgrades, and will endeavor to provide no less than two (2) business days’ notice prior to any such suspension. Such notice shall be provided to you in advance by way of notification within the Service, posted on the OKViz website, email, or other notification method deemed appropriate by OKViz. Further, OKViz shall endeavor to confine planned operational suspensions with a best effort to minimize disruption to the Subscriber, but reserves the right to temporarily suspend operations without notice at any time to complete necessary repairs. In the event of a temporary suspension, OKViz will use the same notification methods listed in this section to provide updates as to the nature and duration of any temporary suspension.
2.11 Subscriber grants to OKViz a non-exclusive, royalty free right during Subscriber’s use of the Service, to use the Confidential Information for the sole purpose of performing OKViz’ obligations under the Agreement in accordance with the terms of the Agreement. Such rights shall include permission for OKViz to generate and publish aggregate, anonymized reports on system usage and Content trends and type, provided they do not conflict with Section 4.1.
2.12. Suggestions, Ideas and Feedback. OKViz shall have the unrestricted rights to use or act upon any suggestion, ideas, enhancement requests, feedback, recommendations or other information provided by Subscriber or any other party relating to the Service to the extent it does not constitute Confidential Information of Subscriber.
3. Access to the Service
3.1 Subscriber is only permitted to access and use the Service if he/she is an Authorized User or a Registered Client. Authorized Users are required to provide their full legal name, a valid email address, and any other information reasonably requested by the Service.
3.2 Each Authorized User will be provided with a unique identifier to access and use the Service ("Username"). The Username shall only be used by the Authorized User to whom it is assigned, and shall not be shared with, or used by any other person, including other Authorized Users.
3.3 The initial Administrator shall be the Originating Subscriber with authority to administer the subscription and designate additional Authorized Users and/or Administrators. Each subscription may designate multiple Authorized Users as Administrator. Any Administrator shall be deemed to have the authority to manage the subscription and any Authorized Users. The Administrator will deactivate an active Username if the Administrator wishes to terminate access to the Service for any Authorized User. If there is any dispute between an Administrator and an Authorized User regarding access to any organization or Service, the Administrator shall decide what access or level of access to the Service that Authorized User shall have, if any.
3.4 Administrators are responsible for all use of the Service by Authorized Users on the list of active Authorized Users associated with their subscription to the Service.
3.5 As between OKViz and the Subscriber, any Content uploaded or posted to the Service remains the property of the Subscriber. Upon Cancellation or Termination of Service as discussed in Section 9 below, OKViz shall only be responsible for the return of Content directly to the Administrator or a designated Authorized User in the event that the Administrator is unable to be reached.
3.6 All access to and use of the Service via mechanical, programmatic, robotic, scripted or any other automated means not provided as part of the Service is strictly prohibited.
4.1 Each party agrees to treat all Confidential Information as confidential and not to use or disclose such Confidential Information except as necessary to perform its obligations under this Agreement.
4.2 OKViz and any third party vendors and hosting partners it utilizes to provide the Service shall hold Content in strict confidence and shall not use or disclose Content except (a) as required to perform their obligations under this Agreement; (b) in compliance with Section 6 of this Agreement, or (c) as otherwise authorized by you in writing.
4.3 Upon request, and OKViz’s sole discretion, OKViz may choose to provide its source code to any Administrator for the sole purpose of the Administrator conducting a security assessment. Such security assessment shall be conducted pursuant to the terms of a non-disclosure agreement separately agreed to by OKViz and the Administrator (or their company).
5. Security and Access
5.1 OKViz is responsible for providing a secure method of authentication and accessing its Service.
5.2 Subscriber will be responsible for protecting the security of usernames and passwords, or any other codes associated to the Service, and for the accuracy and adequacy of personal information provided to the Service.
5.3 Subscriber will implement policies and procedures to prevent unauthorized use of usernames and passwords, and will promptly notify OKViz upon suspicion that a username and password has been lost, stolen, compromised, or misused.
5.4 At all times, OKViz, and any third party vendors and hosting partners it utilizes to provide the Service, will (a) use information security best practices for transmitting and storing your Content, adhering to industry standards; (b) employ information security best practices with respect to network security techniques; and (c) ensure its host facilities maintain industry standards for security and privacy.
5.5 OKViz shall report to Subscriber, with all relevant details, any event that OKViz reasonably believes represents unauthorized access to, disclosure of, use of, or damage to Content (a "Security Breach"). OKViz shall make such report at a reasonable time after learning of the Security Breach.
5.6 In the event of a Security Breach, OKViz shall (a) cooperate with Subscriber to identify the cause of the breach and to identify any affected Content; (b) assist and cooperate with Subscriber in investigating and preventing the recurrence of the Security Breach; (c) assist and cooperate with Subscriber in any litigation or investigation against third parties that Subscriber undertake to protect the security and integrity of Content; and (d) mitigate any harmful effect of the Security Breach.
6. Legal Compliance
6.1 OKViz maintains that its primary duty is to protect the Content to the extent the law allows. OKViz reserves the right to provide the Confidential Information to third parties as required and permitted by law (such as in response to a subpoena or court order), and to cooperate with law enforcement authorities in the investigation of any criminal or civil matter.
If OKViz is required by law to make any disclosure of the Confidential Information that is prohibited or otherwise constrained by this Agreement, then OKViz will provide Subscriber with prompt written notice (to the extent permitted by law) prior to such disclosure so that the Subscriber may seek a protective order or other appropriate relief. Subject to the foregoing sentence, OKViz may furnish that portion (and only that portion) of the Confidential Information that it is legally compelled or otherwise legally required to disclose.
7. Evaluation Period
7.1 In the event that you have licensed the Service for evaluation purposes only, the terms of this paragraph shall apply in addition to all the other terms of this Agreement. Your license to use the Service commences on the creation of an user account and, unless you and OKViz agree to a different period, terminates automatically thirty (30) days after the date of creation (the "Evaluation Period"). The service will automatically disable itself at the end of the Evaluation Period. You agree that you will not do anything to circumvent or defeat the restriction mechanism, nor open additional user accounts to circumvent the restriction mechanism. Additional product functionality restrictions may apply during the Evaluation Period.
8. Payment, Refunds and Subscription Changes
8.1 Subscribers with paid subscriptions will provide OKViz with a valid credit card, and complete and accurate billing and contact information for payment of the applicable subscription fees. This information includes your legal company name, street address, e-mail address, and name and telephone number of an authorized billing contact or Administrator. You will update this information within thirty (30) days of any change to it. If the contact information you have provided expires, or false or fraudulent, OKViz reserves the right to suspend or terminate your access to the Services in addition to any other legal remedies. OKViz intends to provide a sixty (60) day grace period for subscriptions that merely expire before taking action to terminate any account.
8.2 All subscription fees are exclusive of all federal, state, provincial, municipal, V.A.T., or other taxes which Subscribers agree to pay based on where the Subscriber is primarily domiciled. In addition to any fees, the Subscriber may still incur charges incidental to using the Service, for example, charges for Internet access, data roaming, and other data transmission charges.
8.3 Subscribers with monthly paying subscriptions will be charged upon the expiration of any applicable free trial period. Subscriptions canceled prior to the expiration of any trial period, will not be charged. Monthly Subscribers will thereafter be charged in advance each thirty (30) days. Annual Subscribers will thereafter be charged annually on the anniversary date of the initial subscription charge, any may cancel such annual subscription within thirty (30) days of the initiation or renewal of the annual subscription. Otherwise, all charges are final and non-refundable.
8.4 No refunds or credits will be issued for partial periods of service, upgrade/downgrade refunds, or refunds for periods unused with an active subscription, including, but not limited to, instances involving the removal of a Subscriber.
8.5 There are is no separate charge to cancel a subscription, and paying subscriptions which are cancelled successfully pursuant to Section 9 prior to the end of their current billing cycle will not be charged again in the following cycle.
8.6 The amount charged on the next billing cycle will be automatically updated to reflect any changes to the subscription, including upgrades, downgrades, or the addition or subtraction of users. Subscription changes, including downgrades, may result in loss of access to Content, features, or an increase or reduction in the amount of available capacity for Content provided by the Service.
8.7 All prices are subject to change upon notice. Such notice may be provided by an e-mail message to the Administrator, via the OKViz website, or in the form of an announcement on the Service. OKViz has different pricing tiers for certain volume accounts, or for accounts embedded on websites. Please contact OKViz at firstname.lastname@example.org for more information on volume pricing or embedded pricing.
8.8 Subscriber is responsible for paying all taxes associated with the subscription to the Service. If OKViz has the legal obligation to pay or collect taxes for which Subscriber is responsible under this section, the appropriate amount shall be invoiced to and paid by Subscriber, unless Subscriber provides OKViz with a valid tax exemption certificate authorized by the appropriate taxing authority.
8.9 Any and all payments by or on account of the compensation payable under this Agreement shall be made free and clear of and without deduction or withholding for any taxes. If the Subscriber is required to deduct or withhold any taxes from such payments, then the sum payable shall be increased as necessary so that, after making all required deductions or withholdings, OKViz receives an amount equal to the sum it would have received had no such deduction or withholding been made.
8.10 Any payment not received from Subsciber by the due date may accrue, at OKViz’s discretion, as late charges at the rate of one and one-half percent (1.5%) of the outstanding balance per month, or at the maximum rate permitted by law, whichever is lower, from the date such payment was due until the date paid. Such late charge shall also include, at OKViz’s discretion, its reasonable fees to collect such non-payment.
9. Cancellation and Termination
9.1 Administrators are solely responsible for canceling subscriptions. An Administrator may cancel their subscription at any time by accessing the Service and visiting the cancellation site as applicable. For security reasons, cancellations shall only be performed by an Administrator using the account cancellation URL within the Service. Cancellations shall not be accepted by any other means.
9.2 OKViz in its sole discretion has the right to suspend or discontinue providing the Service to any Subscriber without notice for actions that are (a) in material violation of this Agreement and (b) create a Security Emergency.
9.3 If (a) Authorized Users use the Service to materially violate this Agreement in a way that does not create a Security Emergency; (b) OKViz provides Subscriber with commercially reasonable notice of this violation; (c) OKViz uses commercially reasonable efforts to discuss and resolve the violation with Subscriber; and (d) despite the foregoing, the violation is not resolved to OKViz’s reasonable satisfaction within thirty (30) days of such notice, then OKViz reserves the right to suspend access to the Service.
10. Limitation of Liability
10.1 OKViz shall not be liable for and Subscriber waives the right to claim any loss, injury, claim, liability or damage of any kind resulting in any way from the Services provided to Subscriber by OKViz.
10.2 EXCEPT AS OTHERWISE PROHIBITED BY LAW, SUBSCRIBER AGREES THAT THE LIABILITY OF OKVIZ (OR OKVIZ’S THIRD PARTY SERVICE PROVIDERS OR LICENSORS) ARISING OUT OF ANY CLAIM IN ANY WAY CONNECTED WITH THE SERVICE WILL NOT EXCEED: (I) THE TOTAL AMOUNT YOU HAVE PAID FOR THE SERVICE PURSUANT TO THE AGREEMENT WITHIN THE SIX MONTH PERIOD BEFORE THE DATE THE CLAIM AROSE; OR (II) IF YOU HAVE NOT PAID FOR THE SERVICE THEN $50. SUBSCRIBER FURTHER AGREES THAT OKVIZ (OR OKVIZ’S THIRD PARTY SERVICE PROVIDERS OR LICENSORS) IS NOT AND WILL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING WITHOUT LIMITATION, ATTORNEY FEES) RELATING TO THIS AGREEMENT. SUBSCRIBER FURTHER AGREES THAT OKVIZ (OR OKVIZ’S THIRD PARTY SERVICE PROVIDERS OR LICENSORS) IS NOT AND WILL NOT BE LIABLE (A) FOR ERROR OR INTERRUPTION OF USE, LOSS OR INACCURACY OR CORRUPTION OF DATA, (B) FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES, RIGHTS, OR TECHNOLOGY, (C) FOR ANY LOST PROFITS OR REVENUES, WHETHER OR NOT A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE THESE DISCLAIMERS APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, WHETHER THOSE DAMAGES ARE FORESEEABLE AND WHETHER OKVIZ HAS BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES. THESE DISCLAIMERS ARE NOT APPLICABLE TO THE INDEMNIFICATION OBLIGATION SET FORTH IN SECTION 12.2. EACH PROVISION OF THIS AGREEMENT THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF DAMAGES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS OF THIS AGREEMENT BETWEEN THE PARTIES. THIS ALLOCATION IS REFLECTED IN THE PRICING OFFERED BY OKVIZ TO SUBSCRIBER AND IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE FROM AND INDEPENDENT OF ALL OTHER PROVISIONS OF THIS AGREEMENT.
10.3 Subscriber will solely be responsible for any damage and/or loss of Content contained in Subscriber’s technology which occurs as a result of Subscriber’s electronic equipment and/or Subscriber’s computer system or any third party system or technology.
11. Disclaimer of Warranties
11.1 EXCEPT AS OTHERWISE PROVIDED IN THE AGREEMENT OR AS REQUIRED BY APPLICABLE LAW, THE SYSTEM IS PROVIDED "AS IS." OKVIZ HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED REPRESENTATIONS OR WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS, WARRANTIES ARISING FROM COURSE OF DEALING, USAGE OR TRADE PRACTICE WITH RESPECT TO ANY SERVICES PROVIDED BY OKVIZ. OKVIZ DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, BUG-FREE, OR COMPLETELY SECURE. NOTHING IN THIS SECTION 11.1 SHALL MODIFY OKVIZ’S OBLIGATION TO INDEMNIFY SUBSCRIBER AS REQUIRED BY SECTION 12.2(A) OF THIS AGREEMENT ("INDEMNIFICATION").
11.2 OKViz makes no warranty that its services when provided to Subscriber in digital or electronic format will be compatible with Subscriber software, computer and/or other equipment, or that these Services will be secure or error free. Nor does OKViz make any warranty as to any results that may be obtained from the use of the Service. Nothing in this Section 11.2 shall modify OKViz’s obligations under Section 4 above ("Confidentiality") or Section 5 above ("Security and Access") or OKViz’s obligation to indemnify you as required by Section 12.2(b) of this Agreement ("Indemnification").
11.3 OKViz hereby disclaims all warranties of any kind related to Subscriber’s hardware or software beyond the warranties provided by the manufacturer of Subscriber’s hardware or software.
12.1 Subscriber hereby agrees to indemnify and hold harmless OKViz from and against any claim, action, proceeding, loss, liability, judgment, obligation, penalty, damage, cost or expense, including attorneys’ fees, which arise from or relate to the following: a. Authorized Users’ breach of any obligation stated in this Agreement, and b. Authorized Users’ negligent acts or omissions.
OKViz will provide prompt notice to Subscriber of any indemnifiable event or loss. Subscriber will undertake, at Subscriber’s own cost, the defense of any claim, suit or proceeding with counsel reasonably acceptable to OKViz. OKViz reserves the right to participate in the defense of the claim, suit, or proceeding, at OKViz’s expense, with counsel of OKViz’s choosing. Subscriber shall not settle any claim, suit or proceeding unless Subscriber is responsible; any such settlement shall not impose any equitable relief upon OKViz.
13.1 Technical support is available to Authorized Users with active subscriptions, and is available by email at email@example.com. Such technical support is only available to such Authorized Users who have otherwise complied with this Agreement and have not modified any code of the Service. For active paid subscriptions, OKViz endeavors to provide email support by the next business day. For errors or bugs caused by OKViz and not by a third-party or integration with a third-party, OKViz endeavors to resolve such error or bug within five (5) business days. OKViz’s failure to respond, address, or resolve any such issue within the foregoing timeframes shall not be a basis for any claim against OKViz; and in any event, OKViz’s liability is subject to the limits in Section 10.2.
13.2 Subscriber acknowledges and agrees that OKViz may use third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
13.3 OKViz runs data visualization components that can extend the visualization options of Microsoft Power BI, and therefore requires access to Microsoft Power BI in order to function properly. OKViz may provide the ability to integrate the Service with third party products and services that Subscriber may use at Subscriber’s option and risk. Access to and use of any third party products and services are subject to the separate terms and conditions required by the providers of the third party products and services. By using the Service, you acknowledge you have read and are in compliance with such third party terms and conditions. Subscriber agrees that OKViz has no liability arising from Subscriber’s use of any integrations or arising from the third party products and services. Subscriber agrees that OKViz has no liability arising from changes made by the third party products which cause the Service to cease functioning in any capacity. OKViz can modify or cancel any integrations at any time without notice.
13.4 Subscriber acknowledges the risk that information and the Content stored and transmitted electronically through the Service may be intercepted by third parties. Subscriber agrees to accept that risk and will not hold OKViz liable for any loss, damage, or injury resulting from the interception of information. The Content is stored securely and encrypted. Only OKViz, with strict business reasons, may access and transfer the Content and only to provide Subscriber with the Service. OKViz will make reasonable efforts to provide notice to Subscriber prior to such access and transfer.
13.5 Subscriber represents that they are not named on any U.S. government list of persons or entities with which U.S. persons are prohibited from transacting, nor owned or controlled by or acting on behalf of any such persons or entities, and Subscriber will not access or use the Service in any manner that would cause any party to violate any U.S. or international embargo, export control law, or prohibition.
13.6. Anti-Corruption. Subscriber agrees that it has not received or been offered any illegal or improper bribe, kickback, payment, gift, or thing of value from any of OKViz employees or agents in connection with this Agreement. Reasonable gifts and entertainment provided in the ordinary course of business do not violate the above restriction. If Subscriber learns of any violation of the above restriction, Subscriber will use reasonable efforts to promptly notify OKViz.
13.6 The failure of either party to enforce any provision hereof shall not constitute or be construed as a waiver of such provision or of the right to enforce it at a later time.
13.7 This Agreement constitutes the entire agreement between Authorized Users and OKViz and governs Authorized Users use of the Service, superseding any prior agreements between Authorized Users and OKViz (including, but not limited to, any prior versions of this agreement).
13.8 OKViz reserves the right to amend this Agreement. In the event of material changes to the Agreement, OKViz will notify Subscribers, by email, via its website, or by other reasonable means of these changes prior to their enactment. Continued use of the Service by the Subscriber after reasonable notice will be considered acceptance of any new terms.
13.9 Neither party may assign any of its rights or obligations hereunder, whether by operation of law or otherwise, without the prior written consent of the other party (which consent shall not be unreasonably withheld). Notwithstanding the foregoing, either party may assign this Agreement in its entirety without consent of the other party in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets provided the assignee has agreed to be bound by all of the terms of this Agreement. Any attempt by a party to assign its rights or obligations under this Agreement in breach of this Section shall be void and of no effect.
13.10 Governing Law and Venue. This Agreement and your relationship with OKViz shall be governed exclusively by, and will be enforced, construed, and interpreted exclusively in accordance with, the laws applicable in the State of New York, United States and shall be considered to have been made and accepted in the State of New York, United States, without regard to its conflict of law provisions. All disputes under this Agreement will be resolved by the courts of New York County, New York and Subscribers consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum. In any action or proceeding to enforce rights under this Agreement, the prevailing party shall be entitled to recover costs and legal fees.
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