PowerDMS 11/9/2020 - Laserfiche WebLink

10/29/2020 PowerDMS Terms and Conditions be subject to the terms and conditions of this Agreement, as so modified or amended. Except for the terms of any Service Order executed by Customer, any additional, supplementary or conflicting terms supplied by either party (whether in hard copy or electronic form), including those contained or referenced in any invoice, purchase order or policies, are expressly rejected by each party and shall serve only the purpose of identifying the products or services ordered. 11.2 Government Entity Addendum. If Customer is a Government Customer, the Government Customer Addendum (attached hereto as Exhibit A) is hereby incorporated into the Agreement. 11.3 No Waiver. The failure of a party to enforce any right or provision in this Agreement will not constitute a waiver of such right or provision. 11.4 Assignment. This Agreement is not assignable, transferable or sublicensable by Customer except with PowerDMS's prior written consent. PowerDMS may assign this Agreement without Customer's consent to a parent, subsidiary, an acquirer of all or substantially all of the assets of PowerDMS or a successor by merger or other business combination. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and permitted assigns. 11.5 Severability. If any provision of this Agreement is held invalid or unenforceable by any court of competent jurisdiction, such provision will be deemed stricken from the Agreement and the remaining provisions of this Agreement will remain in full force and effect. 11.6 Relationship of Parties. No agency, partnership,joint venture, or employment is created as a result of this Agreement and neither party has any authority of any kind to bind the other in any respect whatsoever. 11.7 Publicity. Unless otherwise provided in the applicable Sales Order, PowerDMS may identify Customer as one of its customers and use Customer's logo for such purposes, subject to any trademark usage requirements specified by Customer. 11.8 No Third Party Beneficiaries. There are no third-party beneficiaries under this Agreement. 11.9 Resolution of Disputes. In the event of a dispute between the parties regarding this Agreement, the parties agree to select a mutually agreeable, neutral third party to help them mediate any dispute that arises under the terms of this Agreement, The parties agree that they shall share equally the cost of the mediation filing and hearing fees and the cost of the mediator; however, each party shall bear its own attorney's fees and associated costs and expenses. If the mediation fails to resolve the dispute, the parties agree that the dispute shall be settled by a single arbiter by https://www.powerdms.com/terms-and-conditions/ 13/16