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DFS LMS Terms of Use <br />Page | 8 <br />January 29, 2021 <br />20.U.S. GOVERNMENT ENTITIES <br />This section applies to access to or use of the LMS Platform by a branch or agency of the United <br />States Government. The LMS Platform includes “commercial computer software” and “commercial computer <br />software documentation” as such terms are used in 48 C.F.R. 12.212 and qualifies as “commercial items” as <br />defined in 48 C.F.R. 2.101. Such items are provided to the United States Government: (a) for acquisition by or <br />on behalf of civilian agencies, consistent with the policy set forth in 48 C.F.R. 12.212; or (b) for acquisition by <br />or on behalf of units of the Department of Defense, consistent with the policies set forth in 48 C.F.R. 227.7202- <br />1 and 227.7202-3. The United States Government shall acquire only those rights set forth in this TOU with <br />respect to the such items, and any access to or use of the LMS Platform by the United States Government <br />constitutes: (a) agreement by the United States Government that that such items are “commercial computer <br />software” and “commercial computer software documentation” as defined in this section; and (b) acceptance <br />of the rights and obligations herein. <br />21.PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT <br />If you believe that your work has been made available through the LMS Platform in a way that <br />constitutes copyright infringement, please provide DFS’s Agent for Notice of Copyright Claims the following <br />information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an <br />exclusive right that is allegedly infringed; (b) a description of the copyrighted work claimed to have been <br />infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such <br />works; (c) a description of the material that you claim is infringing and where that material may be accessed <br />within the LMS Platform; (d) your address, telephone number and email address; (e) a statement by you that <br />you have a good-faith belief that use of the material in the manner complained of is not authorized by the <br />copyright owner, its agent or the law; and (f) a statement from you that the information in the notification is <br />accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive <br />right that is allegedly infringed. DFS’s Agent for Notice of Copyright Claims can be reached as follows: <br />Agent for Notice of Copyright Claims <br />Wayne Fueling Systems LLC <br />3814 Jarrett Way <br />Austin, TX 78728, USA <br />Email: legal@doverfs.com <br />22.CALIFORNIA USERS & RESIDENTS <br />In accordance with California Civil Code §1789.3, you may report complaints to the Complaint <br />Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by <br />contacting such unit in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by <br />telephone at (800) 952-5210. <br />23.GENERAL PROVISIONS <br />This TOU constitutes the entire agreement between you and DFS concerning your access to and use <br />of the LMS Platform. It supersedes all prior and contemporaneous oral or written negotiations and agreements <br />between you and DFS with respect to such subject matter. In the event of any conflict between or among this <br />TOU and any additional terms to which this TOU refers, the terms and conditions of this TOU shall take <br />precedence and govern with regard to the Platform. <br />You agree that, except as otherwise expressly provided in this TOU, there shall be no third-party <br />beneficiaries to this TOU. For the purposes of this TOU, the words “such as,” “include,” “includes” and <br />“including” shall be deemed to be followed by the words “without limitation.” <br />This TOU may not be amended by you except in a writing executed by you and an authorized <br />representative of DFS. You may not assign or delegate any right or obligation under this TOU without the prior <br />written consent of DFS. The failure of DFS to exercise or enforce any right or provision of this TOU shall not <br />constitute a waiver of such right or provision. If any provision of this TOU is held to be invalid or unenforceable <br />under applicable law, then such provision shall be construed, limited, modified or, if necessary, severed to the