Online Dating Automator Terms of Service Agreement

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Software license terms and conditions for Online Dating Genie:


BY INSTALLING OR USING THE LICENSED SOFTWARE FROM ONLINE DATING AUTOMATION TOOLS INC (Online Dating Automation Tools Inc.), THE INDIVIDUAL IF ACTING ON BEHALF OF HIMSELF OR HERSELF (INDIVIDUAL CUSTOMER) OR THE INDIVIDUAL WHO IS ACTING ON BEHALF OF AN EDUCATIONAL OR NONPROFIT INSTITUTION, GOVERNMENTAL AGENCY, OR OTHER (ENTITY CUSTOMER, THE INDIVIDUAL CUSTOMER AND ENTITY CUSTOMER TOGETHER ARE CUSTOMER) IS AGREEING TO BE BOUND BY THIS SOFTWARE LICENSE AGREEMENT (AGREEMENT).
 
IF CUSTOMER DOES NOT AGREE TO THIS AGREEMENT, CUSTOMER MAY NOT INSTALL, COPY, OR USE THE LICENSED SOFTWARE. THE EFFECTIVE DATE FOR THIS AGREEMENT IS THE DAY CUSTOMER INSTALLS THE SOFTWARE.

1. DEFINITIONS.
 
Activation Key means, collectively, the specific Serial Number, code, and authorization for each copy of the Licensed Software issued by Online Dating Automation Tools Inc to Customer.
 
Affiliates or Affiliate means an entity, institution, or organization that controls, is controlled by, or is under common control with another entity, institution, or organization, with at least majority ownership.
 
Authorized Reseller means an authorized distributor, authorized reseller, or dealer of the Licensed Software.
 
Authorized User means an employee, contractor, OR registered student authorized by Online Dating Automation Tools Inc to use the Licensed Software.
 
Concurrent Authorized Users means Authorized Users who use the software at the same time in accordance with the terms of this Agreement.
 
Confidential Information has the meaning set forth in Section 7 of this Agreement.
 
Customer Enhancements means enhancements to Online Dating Genie Template Files in which the copyright is owned by Customer and which are derivative works of the Online Dating Automation Tools Inc Enhancements.
 
Documentation means the user manuals and supporting documentation in electronic form provided with the Licensed Software under this Agreement.
 
License Fee means the applicable fee for which Customer licenses the Licensed Software.
 
License Period means a perpetual term unless (a) terminated as provided below or (b) a specific fixed term is otherwise set forth in the License and Activation Key
 
Licensed Software means the specific software licensed to Customer under the terms of this Agreement (as specified in the License and Activation Key issued to Customer), including any Updates and Upgrades thereto.
 
Serial Number means a set of unique characters associated with a specific copy of the Licensed Software issued by Online Dating Automation Tools Inc to Customer (based on the specific configuration and release of the Licensed Software and the license type, license term, and/or number of Concurrent Authorized Users).
 
Online Dating Automation Tools Inc Enhancements means Template Files or enhancements to Online Dating Genie Files in which the copyright is owned by Online Dating Automation Tools Inc or distributed by Online Dating Automation Tools Inc from time to time. Online Dating Automation Tools Inc Enhancements are not defined as Software.
 
Online Dating Automation Tools Inc Website means www.online-dating-automator.com.
 
Third-Party Software means certain software supplied by third parties that Online Dating Automation Tools Inc provides access to as part of the Licensed Software.
 
Update means a revision to the Licensed Software or patch that improves the functionality of the Licensed Software, and may contain new features or enhancements, which is not an Upgrade.
 
Upgrade means a subsequent version of the Licensed Software that Online Dating Automation Tools Inc designates as a new release and makes generally commercially available or a different flavor of the Licensed Software that Online Dating Automation Tools Inc makes generally commercially available.
 
2. LICENSE AND ACTIVATION KEY, LICENSE GRANTS, THIRD-PARTY RESTRICTIONS AND OWNERSHIP.
 
2.1 License and Activation Key.
Online Dating Automation Tools Inc shall issue Customer a License and Activation Key via email that sets forth the specific Licensed Software, the specific number of Concurrent Authorized Users for Entity Customers, and the Activation Key associated with the Licensed Software (the License and Activation Key). The License and Activation Key is hereby incorporated by reference into this Agreement. Certain of the licenses in Section 2.2(b) permit use by Authorized Users of Entity Customer and the Entity Customer is responsible for compliance of all such Authorized Users with the Agreement and shall be liable for the breach of the terms of this Agreement by such Authorized Users.

2.2 Licenses.
(a) Single-User License Grant.
This Section 2.2(a) applies only to an Individual Customer whose License and Activation Key issued by Online Dating Automation Tools Inc specifies the License Type as Single User. A Single-User license is for a named individual who is identified as the only Authorized User. Subject to the terms and conditions of this Agreement, Online Dating Automation Tools Inc grants to Customer a non-assignable, nontransferable license, without the right to sublicense, to use the Licensed Software, in object-code form only, solely for Customer’s internal business, research, or educational purposes, and solely by the Individual Customer. The Individual Customer may install up to three (2) copies of the Licensed Software, provided that the Individual Customer is the sole user of each copy.
 
(iv) Customer Obligations.
This Section 2.2(b) (iv) applies to a Customer whose License and Activation Key issued by Online Dating Automation Tools Inc specifies the License Type as Network, Compute Server, or Student Lab. Customer is responsible for managing the usage of the Licensed Software to ensure that such usage does not exceed the specific number of Concurrent Authorized Users for which Customer has paid the applicable License Fee. Customer may add additional Concurrent Authorized Users to Customer’s account for the Licensed Software by placing an order with Online Dating Automation Tools Inc or an Authorized Reseller. One copy of the Licensed Software may be made for backup purposes only.

2.3 Third-Party Software.
The Third-Party Software is subject to various other terms and conditions imposed by the licensors of such Third-Party Software. A list of the applicable Third-Party Software license terms is provided on the Online Dating Automation Tools Inc Website. Customer’s use of the Third-Party Software is subject to, and governed by, the specified Third-Party license terms, except that this Section 2.3 (Third-Party Software) and Section 4.4 (No Warranty) and Section 8 (Limitation of Liability) of this Agreement also govern Customer’s use of the Third-Party Software. Customer agrees to comply with such Third-Party license terms.

2.4 Documentation License.
Subject to the terms and conditions of this Agreement, Online Dating Automation Tools Inc grants to Customer a non-assignable, nontransferable license, without the right to sublicense, to use the Documentation in connection with Customer’s authorized use of the Licensed Software. Customer may not reproduce or distribute the Documentation in any manner, whether physically or electronically, without the express written permission of Online Dating Automation Tools Inc. Online Dating Automation Tools Inc Customer may make the Documentation available on any website or private network administered by the Online Dating Automation Tools Inc Customer.

2.5 Activation Key.
Online Dating Automation Tools Inc shall issue to Customer a License and Activation Key for each copy of the Licensed Software. Customer is entirely responsible for any and all activities that occur under Customer’s account and all charges incurred from use of the copy of the Licensed Software assigned by Serial Number to Customer (e.g., maintenance, support, or license or subscription fee charges). The Licensed Software shall be deemed accepted upon the delivery of the Activation Key to Customer by Online Dating Automation Tools Inc or an Authorized Reseller such as Plimus.

2.6 License to Online Dating Automation Tools Inc Enhancements.
Subject to the terms and conditions of this Agreement, Online Dating Automation Tools Inc grants to Customer a non-assignable, nontransferable, royalty-free license, without the right to sublicense, to use the Online Dating Automation Tools Inc Enhancements solely with the Software for Customer’s internal business, research, or educational purposes. In addition, subject to the terms and conditions of this Agreement, Online Dating Automation Tools Inc grants to Customer a non-assignable, nontransferable, royalty-free license to modify, reproduce, and distribute the Online Dating Automation Tools Inc Enhancements to create Customer Enhancements solely for use with the Software. Customer may distribute the Customer Enhancements to third parties either at no charge or for a fee. THE ONLINE DATING AUTOMATION TOOLS INC ENHANCEMENTS ARE PROVIDED TO CUSTOMER ON AN ‘AS IS’ AND ‘WHERE IS’ BASIS AND WITHOUT WARRANTY OF ANY TYPE OR KIND. ONLINE DATING AUTOMATION TOOLS INC AND ITS THIRD-PARTY LICENSORS HEREBY EXPRESSLY DISCLAIM AND EXCLUDE ALL WARRANTIES AND CONDITIONS, WHETHER STATUTORY, EXPRESS, IMPLIED. OR OTHERWISE, WITH RESPECT TO THE ONLINE DATING AUTOMATION TOOLS INC ENHANCEMENTS, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS.

2.7 License to Customer Enhancements.
If Customer submits Customer Enhancements to Online Dating Automation Tools Inc or makes Customer Enhancements generally available for modification, use, or distribution without charge by third parties, Customer grants to Online Dating Automation Tools Inc a perpetual, irrevocable, transferable, royalty-free license to modify, reproduce, and distribute the Customer Enhancements, with the right to sublicense through multiple tiers of distribution. THE CUSTOMER ENHANCEMENTS ARE PROVIDED TO ONLINE DATING AUTOMATION TOOLS INC ON AN ‘AS IS’ AND ‘WHERE IS’ BASIS AND WITHOUT WARRANTY OF ANY TYPE OR KIND. CUSTOMER HEREBY EXPRESSLY DISCLAIMS AND EXCLUDES ALL WARRANTIES AND CONDITIONS, WHETHER STATUTORY, EXPRESS, IMPLIED OR OTHERWISE, WITH RESPECT TO THE CUSTOMER ENHANCEMENTS, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS.

2.8 Restrictions.
Customer shall not, nor permit any person (including any Authorized User) to: (i) reverse engineer, reverse compile, decrypt, disassemble, or otherwise attempt to derive the source code of the Licensed Software (except to the extent that this restriction is expressly prohibited by law); (ii) modify, translate, or create derivative works of the Licensed Software; (iii) sublicense, resell, rent, lease, distribute, market, commercialize, or otherwise transfer rights or usage to the Licensed Software (except as expressly permitted under this Agreement); (iv) remove, modify, or obscure any copyright notices or other proprietary notices or legends appearing on or in the Licensed Software, or any portion thereof; (v) transfer, use, or export the Licensed Software in violation of any applicable laws, rules, or regulations of any government or governmental agency; (vi) use the Licensed Software or any system services accessed through the Licensed Software to disrupt, disable, or otherwise harm the operations, software, hardware, equipment, and/or systems of a business, institution, or other entity, including, without limitation, exposing the business, institution, or other entity to any computer virus, Trojan horse, or other harmful, disruptive, or unauthorized component; or (vii) embed the Licensed Software in any third-party applications, unless otherwise authorized in writing in advance by an officer of Online Dating Automation Tools Inc.

2.9 Ownership.
The Licensed Software, Online Dating Automation Tools Inc Enhancements, and Documentation contain copyrighted material and other proprietary material and information of Online Dating Automation Tools Inc and/or its licensors. Online Dating Automation Tools Inc and/or its licensors shall retain all right, title, and interest, including all intellectual property rights, in and to the Licensed Software, Online Dating Automation Tools Inc Enhancements, and Documentation. Customer will not remove, alter, or destroy any form of copyright notice, proprietary markings, or confidential legends placed upon or contained within the Licensed Software, Online Dating Automation Tools Inc Enhancements, or Documentation, or any component thereof.

3. TECHNICAL SUPPORT AND UPGRADES AND UPDATES.

3.1 Technical Support.
Online Dating Automation Tools Inc agrees to provide Customer with technical support services which include periodic distribution of bug fixes and minor enhancements as Updates scheduled by Online Dating Automation Tools Inc. All registered users of the then-current release of Online Dating Genie and the previous releases of Software are eligible for free limited technical support. Installation support inquiries by support ticket will be accepted by Online Dating Automation Tools Inc at any time. Technical support email inquiries are accepted at any time and will be answered during normal Online Dating Automation Tools Inc business hours. Online Dating Automation Tools Inc will attempt to respond to inquiries in 24-72 hours.

3.2 Updates and Upgrades.
To receive and use an Upgrade, Customer must pay the applicable fees for that Upgrade and agree to Online Dating Automation Tools Inc’s standard terms and conditions governing the use of that Upgrade. If no such standard terms and conditions are stated by Online Dating Automation Tools Inc, the terms of this Agreement shall apply and the Upgrade shall be deemed Licensed Software. Online Dating Automation Tools Inc will issue a new Activation Key for the Upgrade. For a Single-User license, once Online Dating Automation Tools Inc issues the new Activation Key for an Upgrade version, Customer shall be able to continue to use the prior version of the Licensed Software. For a Single-User license, technical support services are provided only for the Customer of the then-current version of the Licensed Software. For any other type of license selected by Customer (i.e., Basic or Professional), technical support services are provided only for the Authorized Users of the then-current version of the Licensed Software.

4. LIMITED WARRANTY; WARRANTY DISCLAIMER.

4.1 Limited Media Warranty.
For thirty (30) days from the date of purchase, Online Dating Automation Tools Inc warrants that the media on which the Licensed Software, Online Dating Automation Tools Inc Enhancements, and Documentation is furnished shall be free from defects in material and faulty workmanship. Customer may return for replacement, without charge, any media that fails to meet this limited media warranty to Online Dating Automation Tools Inc or the dealer from whom the Licensed Software (and Online Dating Automation Tools Inc Enhancements) was purchased, as applicable, within the 30-day period. Online Dating Automation Tools Inc or the applicable dealer will not be responsible for replacing any media that contains defects due to Customer’s misuse. THE FOREGOING IS CUSTOMER’S SOLE REMEDY, AND Online Dating Automation Tools Inc’s SOLE OBLIGATION, WITH RESPECT TO A BREACH OF THE LIMITED MEDIA WARRANTY.

4.2 Performance Warranty.
Online Dating Automation Tools Inc represents and warrants for a period of 30 days from the date of the order that the Licensed Software substantially conforms to the functional specifications in the Online Dating Genie Reference Manual. Online Dating Automation Tools Inc will repair or replace the Licensed Software if this warranty is breached unless it cannot do so within a reasonable period of time, then Online Dating Automation Tools Inc will refund the fee paid for that license under the order (this Agreement will then terminate). Customer must notify Online Dating Automation Tools Inc during the warranty period or 14 days after it ends of any alleged breach of the warranty. THIS SECTION CONTAINS CUSTOMER’S EXCLUSIVE REMEDY AND ONLINE DATING AUTOMATION TOOLS INC’s SOLE LIABILITY FOR BREACH OF THIS WARRANTY.

4.3 No Disabling Code.
With respect to the Licensed Software (including any Updates or Upgrades) and as of the date of delivery, Online Dating Automation Tools Inc represents and warrants that (i) it has used commercially reasonable efforts consistent with industry standards to scan for and remove any software viruses, and (ii) it has not inserted any Disabling Code. Disabling Code means computer code inserted by Online Dating Automation Tools Inc that is not addressed in the Documentation and that is designed to delete, interfere with, or disable the normal operation of the Products. This Disabling Code warranty does not apply to Online Dating Automation Tools Inc passwords necessary for the operation of the Licensed Software, to the Licensed Software’s Activation Key requirement, or for any use by Customer outside the scope of the license.

4.4 No Warranty.
EXCEPT FOR THE WARRANTIES ABOVE, THE LICENSED SOFTWARE, DOCUMENTATION, AND SUPPORT SERVICES ARE PROVIDED TO CUSTOMER ON AN ‘AS IS’ AND ‘WHERE IS’ BASIS AND WITHOUT WARRANTY OF ANY TYPE OR KIND. ONLINE DATING AUTOMATION TOOLS INC HEREBY EXPRESSLY DISCLAIMS AND EXCLUDES ON BEHALF OF ITSELF AND ITS LICENSORS ALL WARRANTIES AND CONDITIONS, WHETHER STATUTORY, EXPRESS, IMPLIED, OR OTHERWISE, WITH RESPECT TO THE LICENSED SOFTWARE AND SUPPORT SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS.

5. TERM AND TERMINATION.

5.1 Term.

Except for Customers with a fixed-term License Period, this Agreement shall commence on the Effective Date and shall continue in effect until terminated as set forth below. If the License Period is for a fixed term, this Agreement will commence on the Effective Date and shall continue until the earlier to occur of the expiration of the License Period or the termination of this Agreement as set forth below. In the case of additional Concurrent Authorized Users who are authorized and added after the initial License Fee payment, the term of their usage of the Licensed Software shall be coterminous with the preexisting then-current term. If Customer purchases an Upgrade, the term of the Agreement shall be the specific term set forth in the new License and Activation Key issued for the Upgrade.

5.2 Termination.

Customer may terminate this Agreement at any time upon thirty (30) days’ prior written notice to Online Dating Automation Tools Inc. Online Dating Automation Tools Inc may terminate this Agreement immediately without notice if Customer breaches any term of this Agreement, including, without limitation, breaching the scope of the license granted or confidentiality obligations under this Agreement.

5.3 Effect of Expiration or Termination.
Upon expiration or termination of this Agreement, (i) the rights and licenses granted to Customer pursuant to this Agreement shall automatically and immediately terminate and (ii) Customer shall immediately cease using the Licensed Software. In addition, for a fixed-term License Period, upon expiration of the License Period, the Activation Key will expire and the Licensed Software will cease to function. Sections 2.3, 2.6, 2.7, 2.8, 2.9, 4.4, 5.3, 7, 8, 9, and 10 of this Agreement shall survive any expiration or termination of this Agreement.

6. FEES AND PAYMENT.

6.1 Fees and Payment Terms.
Customer licenses the Licensed Software from Online Dating Automation Tools Inc. This Agreement is between Customer and Online Dating Automation Tools Inc solely. The applicable License Fee is specified on the Online Dating Automation Tools Inc Website or in the specific price proposal provided by Online Dating Automation Tools Inc or an Authorized Reseller. The payment terms and conditions for the License Fee payable to Online Dating Automation Tools Inc are specified on the Online Dating Automation Tools Inc invoice or in the specific price proposal provided by Online Dating Automation Tools Inc. The payment terms and conditions for the License Fee payable to an Authorized Reseller are as specified by the specific Authorized Reseller. All fees paid to Online Dating Automation Tools Inc are non-refundable except as explicitly permitted from time to time on the Online Dating Automation Tools Inc Website. Online Dating Automation Tools Inc may terminate this Agreement and invalidate Customer’s Activation Key if the billing or contact information is false, fraudulent, or invalid. Customer will pay all taxes, including sales, use, personal property, value-added, excise, customs fees, import duties, stamp duties, and any other similar taxes and duties, including penalties and interest, imposed by any United States federal, state, provincial, or local government entity or any non-U.S. government entity on the transactions contemplated by this Agreement, excluding taxes based upon Online Dating Automation Tools Inc’s net income.

6.2 Additional Concurrent Authorized Users Fee.
During the License Period, Customer shall pay to Online Dating Automation Tools Inc or the specific Authorized Reseller the then-current rate for any licenses for additional Concurrent Authorized Users. This fee shall be charged or invoiced to Customer on the date such additional Concurrent Authorized Users are added to Customer’s account.

6.3 Concurrent Authorized User Accounting.
Customer shall maintain business practices and records necessary to manage the number of Concurrent Authorized Users and compliance with the terms of this Agreement. Online Dating Automation Tools Inc has the right to request usage reports during the License Period and Customer will provide such a report within 30 days of request. If Online Dating Automation Tools Inc determines that Customer has more Concurrent Authorized Users than Customer has paid for, Customer shall immediately pay Online Dating Automation Tools Inc the applicable additional fees.

7. CONFIDENTIALITY.
Customer and Online Dating Automation Tools Inc agree to maintain the confidentiality of any confidential or proprietary information of one party (the disclosing party) received by the other party (the receiving party) during the term of, or prior to entering into, this Agreement that the receiving party should know is considered confidential or proprietary by the disclosing party based on the circumstances surrounding the disclosure, including, without limitation, non-public technical and business information (Confidential Information). The Licensed Software is copyrighted and shall be deemed Online Dating Automation Tools Inc’s Confidential Information. The Documentation is copyrighted material of Online Dating Automation Tools Inc. This section shall not apply to any information that is or becomes publicly available through no breach of this Agreement by the receiving party or is independently developed by the receiving party without access to or use of the Confidential Information of the disclosing party. The foregoing confidentiality obligations will not restrict either party from disclosing Confidential Information of the other party pursuant to the order or requirement of a court, administrative agency, or other governmental body, provided that the party required to make such a disclosure gives reasonable notice to the other party to enable the other party to seek a protective order or otherwise limit such disclosure. The receiving party of any Confidential Information of the disclosing party agrees not to use the disclosing party’s Confidential Information for any purpose except as necessary to fulfill its obligations and exercise its rights under this Agreement. The receiving party shall protect the secrecy of and avoid disclosure and unauthorized use of the disclosing party’s Confidential Information with no less than reasonable care. All the disclosing party’s information remains the property of the disclosing party.

8. LIMITATION OF LIABILITY.

8.1 Consequential Damages Waiver.
IN NO EVENT SHALL ONLINE DATING AUTOMATION TOOLS INC OR ITS LICENSORS HAVE ANY LIABILITY FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, REGARDLESS OF THE FORM OF THE ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT PRODUCT LIABILITY, OR OTHERWISE, EVEN IF ANY REPRESENTATIVE OF ONLINE DATING AUTOMATION TOOLS INC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF THIS AGREEMENT OR ANY LIMITED REMEDY HEREUNDER.

8.2 Limitation of Liability.
IN NO EVENT SHALL ONLINE DATING AUTOMATION TOOLS INC’S LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED: (I) IF THE LICENSED SOFTWARE IS LICENSED FROM ONLINE DATING AUTOMATION TOOLS INC DIRECTLY, THE LICENSE FEES PAID BY CUSTOMER TO ONLINE DATING AUTOMATION TOOLS INC FOR THE LICENSED SOFTWARE, OR (II) IF THE LICENSED SOFTWARE IS LICENSED THROUGH AN AUTHORIZED RESELLER, THE LICENSE FEES PAID BY CUSTOMER TO THE APPLICABLE AUTHORIZED RESELLER, AS APPLICABLE. IN NO EVENT WILL ONLINE DATING AUTOMATION TOOLS INC’S LICENSORS HAVE ANY LIABILITY FOR ANY CLAIM ARISING IN CONNECTION WITH THIS AGREEMENT.

8.3 Limitation of Remedies.
THE PARTIES AGREE THAT THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF THIS AGREEMENT OR ANY LIMITED REMEDY HEREUNDER.

9. GENERAL.
Except as expressly provided herein, Customer may not assign or transfer any of its rights under this Agreement (including its licenses with respect to the Licensed Software and Documentation) without the prior written consent of Online Dating Automation Tools Inc. Unless the Customer is required by statute or regulation to apply the law of a state other than Florida, this Agreement will be governed by and construed in accordance with the laws of the State of Florida and the federal U.S. laws applicable therein, excluding any conflicts of law provisions, and the Customer and Online Dating Automation Tools Inc agree to submit to the personal and exclusive jurisdiction of the courts located in Broward County, Florida. If the statute or regulation applying to the Customer requires the application of a law of a state other than Florida, the parties agree that the terms of this Agreement shall be governed and construed in accordance with the law specified in such statute or regulation, and the Customer shall give written notice of such requirement to Online Dating Automation Tools Inc. The application of such different law shall be effective upon the receipt of such written notice by Online Dating Automation Tools Inc. The parties agree that the United Nations Convention on Contracts for the International Sale of Goods will not apply to this Agreement. The failure of either party to require performance by the other party of any provision hereof shall not affect the full right to require such performance at any time thereafter, nor shall the waiver by either party of a breach of any provision hereof be taken or held to be a waiver of the provision itself. If any provision of this Agreement is found void and unenforceable, it will be replaced to the extent possible by Online Dating Automation Tools Inc with a provision that comes closest to the meaning of the original provision. This Agreement and the documents referenced in this Agreement constitute the entire agreement between Customer and Online Dating Automation Tools Inc relating to its subject matter and all terms herein and supersede all prior or contemporaneous agreements or understandings. This Agreement may be modified or changed without prior notice.

 

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