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<br />modifying or distributing Service results. In no event shall Astrea Forensics be liable to Customer or any third parties for any
<br />special, punitive, incidental, indirect or consequential damages of any kind, or any damages whatsoever, including, without
<br />limitation, those resulting from loss of use, lost data or profits, or any liability, arising out of or in connection with the use of
<br />Services. Delivery dates and times are estimates only and we will not be liable (in contract, tort or otherwise) for any losses,
<br />expenses, claims or damages caused by a late delivery.
<br />1.Termination. Astrea Forensics may terminate this Agreement without cause upon thirty (30) days written notice. Astrea
<br />Forensics may terminate this Agreement with immediate suspension of access upon a breach of this Agreement by Customer.
<br />Any action by Customer that may interfere with electronic access to Astrea Forensics’ website, storefront, or servers, will be
<br />considered as breach of terms and will cause access to be revoked. For avoidance of doubt, such actions include attempts to
<br />tamper with source code or attempts to provide access to hackers.
<br />2.Unforeseen Events. Astrea Forensics shall not be liable for delay or failure in performance of any obligations if performance
<br />is rendered impracticable, inadvisable, illegal, or impossible by any condition beyond Astrea Forensics’ reasonable control. Such
<br />conditions include without limitation natural disasters, war, terrorism or threats of terrorism, civil disorder, labor strikes or
<br />disruptions, fire, disease or medical epidemics or outbreaks. In the event of delay, Astrea Forensics shall have additional
<br />necessary time to perform its obligations and shall have the right to apportion the Services then available for delivery among its
<br />various customers in such manner as Astrea Forensics considers appropriate.
<br />3.Choice of Law and Arbitration. This Agreement shall be governed by and construed according to the laws of California,
<br />without regard to conflicts of law provisions. Astrea Forensics and Customer agree that any dispute or controversy arising out of
<br />or in connection with this Agreement shall be finally settled by binding arbitration under the extant rules of the American
<br />Arbitration Association. The parties agree that, any provision of applicable law notwithstanding, they will not request, and the
<br />arbitrator shall have no authority to award, punitive or exemplary damages against any party. In any legal action commenced to
<br />enforce or interpret this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees and expenses.
<br />4.Entire Agreement. This Agreement constitutes the entire agreement between Customer and Astrea Forensics for Services
<br />and is the final, complete, and exclusive statement of the terms of the Agreement, superseding all prior written and oral
<br />agreements, understandings and undertakings. This Agreement shall exclusively govern the ordering, purchase, and supply of
<br />the Services, and shall override any conflicting, amending, and/or additional terms contained in any purchase orders, invoices, or
<br />similar documents, which are hereby rejected and shall be null and void. Astrea Forensics’ failure to object to any terms shall not
<br />constitute a waiver by Astrea Forensics, nor constitute acceptance by Astrea Forensics of such terms and conditions. Astrea
<br />Forensics’ failure to object to any terms and conditions contained in any purchase order or other document from Customer will
<br />neither be construed as our acceptance of such terms and conditions, or a waiver of these Terms. The waiver of any term or
<br />condition or any breach thereof shall not affect any other term or condition of this Agreement. Modifications may be made only in
<br />writing and signed by an authorized corporate officer of Astrea Forensics.
<br />5.Miscellaneous. We understand that certain local, state, and federal institutions are subject to specific jurisdictional laws,
<br />which may be in conflict with these terms and conditions. Customer shall inform Astrea Forensics of any conflicts of which it is
<br />aware. In the event a conflict, these terms and conditions are hereby modified only to the extent necessary to conform to those
<br />laws, with the proviso that the intent of the original terms is honored to the extent allowable under those laws. In the event that
<br />any provision of this Agreement or portion thereof is found to be illegal or unenforceable, the Agreement shall be construed
<br />without the unenforceable provision or portion thereof. Time is not of the essence for Astrea Forensics’ obligations herein. Astrea
<br />Forensics may assign our rights and/or obligations under the Contract to any person in whole or in part. Customer may not assign
<br />this Agreement, and any change of control of Customer shall be deemed to be an assignment. Sections 8 through 12 and all
<br />attached Addenda shall survive termination. Headings are for convenience only and will not be used in the interpretation of these
<br />Terms.i
<br />i Revised 2019-11-06
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