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“Nonstandard Subscription” subscriptions for temporary or testing situations including, but not limited to, demos, pilots,
<br />betas, labs, tradeshows. Nonstandard Subscription minimum term is for 90 days following the Subscription Start Date.
<br />Notwithstanding anything to the contrary herein or elsewhere, during the Nonstandard Subscription, either party may
<br />terminate this Agreement for any or no reason by delivery of written notice to the other party, provided that, in order to
<br />exercise this termination right, the terminating party must deliver the written notice of termination to the other party during
<br />the Nonstandard Subscription. THE SUBSCRIPTION SERVICE IS PROVIDED TO DISTRIBUTOR AND SUBSCRIBER STRICTLY ON AN
<br />“AS IS” BASIS.
<br />Nonstandard Subscription
<br />Miscellaneous
<br />via the provided payment method (or, if Subscription Services are purchased through a Distributor, will be billed via the
<br />Distributor, if any specified above). BY PURCHASING A SUBSCRIPTION SERVICE, SUBSCRIBER OR DISTRIBUTOR, AS APPLICABLE,
<br />AUTHORIZES DFS OR ITS AGENT, FOR THE TERM OF THE ASSOCIATED ORDER, TO CHARGE SUBSCRIBER’S OR DISTRIBUTOR’S
<br />PAYMENT METHOD ON A RECURRING (E.G. MONTHLY, QUARTERLY OR YEARLY) BASIS (“AUTHORIZATION”) FOR: (a) THE
<br />APPLICABLE SUBSCRIPTION SERVICE CHARGES; (b) ANY AND ALL APPLICABLE TAXES; AND (c) ANY OTHER CHARGES INCURRED
<br />IN CONNECTION WITH THE CORRESPONDING SUBSCRIBER’S USE OF THE SUBSCRIPTION SERVICES.
<br />No Refunds. PAYMENTS ARE NON-REFUNDABLE EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS.
<br />Invoices and Collection Costs. DFS will provide billing information in a format it chooses and reserves the right to correct any
<br />associated errors or mistakes even if it has already issued an invoice or received payment. Subscriber or Distributor, as
<br />applicable, agrees to notify DFS (by emailing Dbs_na_ar_inquiries@dovercorp.com) about any billing problems or
<br />discrepancies in writing within thirty (30) days after they first appear on the relevant invoice, or such problems or
<br />discrepancies shall be waived. Subscriber or Distributor, as applicable, will reimburse any costs or expenses (including, but
<br />not limited to, reasonable attorneys’ fees) incurred by DFS to collect any amount that is not paid when due. Payments marked
<br />‘paid in full’, or with any other restrictive language, will not operate as an accord and satisfaction without our prior written
<br />approval. Additional terms relating to late fees and taxes are included in the Terms.
<br />Billing by Distributor. If Subscriber purchases a Subscription Service from a Distributor, the Distributor will charge the
<br />Subscriber for the associated costs and applicable taxes; and DFS will collect payments from Distributor as described in the
<br />“Payment” section above. DFS reserves the right to suspend access to or terminate Subscription Services for nonpayment or
<br />late payment.
<br />Cancellation. Either DFS or a Subscriber or Distributor, as applicable, can cancel a Subscription Service and/or this Agreement
<br />at any time with 30 days’ prior written notice to the non-terminating party (such notice to be provided to DFS by email to (i)
<br />dfsdxsupport@doverfs.com for DFS DX subscriptions or (ii) support@avalan.com for AvaLAN subscriptions). For Distributors,
<br />the termination of this Agreement for any reason shall result in the automatic and immediate termination of all contracts for
<br />the provision of Subscription Services purchased through the Distributor. DFS does not provide refunds for partially rendered
<br />Subscription Services.
<br />Warranty and Limitation of Liability. DFS MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE
<br />COMPLIANCE, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SUBSCRIPTION SERVICE, OR ANY
<br />PART THEREOF, OR ANY OTHER GOODS, PRODUCTS, SERVICES OR SOFTWARE PROVIDED OR MADE AVAILABLE BY OR ON
<br />BEHALF OF DFS. DFS DOES NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE SUBSCRIPTION SERVICE WILL BE
<br />SECURE, UNINTERRUPTED OR ERROR-FREE; (B) THE SUBSCRIPTION SERVICE WILL OPERATE IN COMBINATION WITH
<br />ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA; (C) THE SUBSCRIPTION SERVICE WILL MEET THE
<br />DISTRIBUTOR’S OR SUBSCRIBER’S REQUIREMENTS OR EXPECTATIONS; (D) ERRORS OR DEFECTS WILL BE CORRECTED;
<br />(E) THE SUBSCRIPTION SERVICE OR SERVER(S) THAT MAKE THE SUBSCRIPTION SERVICE AVAILABLE ARE FREE OF VIRUSES
<br />OR OTHER HARMFUL COMPONENTS; OR (F) THE SUBSCRIPTION SERVICE IS IN COMPLIANCE WITH ANY FEDERAL, STATE AND
<br />LOCAL LAWS, RULES OR ORDINANCES. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS,
<br />IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF
<br />MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, ARE
<br />HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
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