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Consistent with DFAR section 227.7202 and FAR section 12.212, any use, modification, <br />reproduction, release, performance, display, or disclosure of such commercial software or <br />commercial software documentation by the U.S. Government will be governed solely by the <br />terms of this Agreement and will be prohibited except to the extent expressly permitted by the <br />terms of this Agreement. <br />11.11 Headings. The headings are merely for organization and should not be construed as <br />adding meaning to the Agreement or interpreting the associated sections. <br />11.12 Authority. Each of the below signers of this Agreement represent that they understand this <br />Agreement and have the authority to sign on behalf of and bind the Parties they are representing <br />upon the Effective Date. <br />11.13 Conflict. In the event there is a conflict between this Agreement and any applicable <br />statement of work, or Customer purchase order, this Agreement controls unless explicitly stated <br />otherwise. <br />11.14 Notices. All notices under this Agreement will be in writing and will be deemed to have <br />been duly given when received, if personally delivered; when receipt is electronically confirmed, <br />if transmitted by email; the day after it is sent, if sent for next day delivery by recognized <br />overnight delivery service; and upon receipt to the address listed on the Order Form (or, if <br />different, below), if sent by certified or registered mail, return receipt requested. <br />11.15 Non-Appropriation. Notwithstanding any other provision of this Agreement, all <br />obligations of the Customer under this Agreement which require the expenditure of public funds <br />are conditioned on the availability of funds appropriated for that purpose. To the extent <br />applicable, Customer shall have the right to terminate this Agreement for non-appropriation with <br />thirty (30) days written notice without penalty or other cost. <br />[signatures on following page]