PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES,
THE ABOVE LIMITATION MAY NOT APPLY TO YOU UNAUTHORIZED USE: THE BOBSWEEP SOFTWARE AND THE
BOBSWEEP ARE NOT DESIGNED, INTENDED, OR AUTHORIZED FOR USE IN ANY AERONAUTICAL, NUCLEAR,
MEDICAL, LIFE SAVING OR LIFE SUSTAINING SYSTEMS, OR FOR ANY OTHER APPLICATION IN WHICH THE USE
OF THE BOBSWEEP SOFTWARE OR THE BOBSWEEP COULD CREATE A SITUATION WHERE PERSONAL INJURY
OR DEATH MAY OCCUR.
Should you use the Bobsweep Software or Bobsweep for any such unintended or unauthorized use, you shall indemnify and
hold harmless Bobsweep and its officers, subsidiaries and affiliates against all claims, costs, damages, and expenses, and
reasonable attorney fees arising out of, directly or indirectly, any claim of product liability, personal injury or death associated
with such unintended or unauthorized use, even if such claim alleges that Bobsweep was negligent regarding the design or
manufacture of the Bobsweep Software, the Bobsweep, or any part or portion thereof.
USER SUBMISSIONS: You agree that any material, information or other communication, including all data, images,
sounds, text, and other things embodied therein, that you transmit or post to a Bobsweep website or provide to Bobsweep
(“Communications”) will be considered non-confidential. Bobsweep will have no confidentiality obligations with respect to
the Communications. You agree that Bobsweep and its designees will be free to copy, modify, create derivative works,
publicly display, disclose, distribute, license and sublicense through multiple tiers of distribution and licensees, incorporate
and otherwise use the Communications, including derivative works thereof, for any and all commercial or non-commercial
purposes without the payment of any royalty to you, and that such license will survive the termination of this Agreement.
TERMINATION: This Agreement becomes effective on the date you accept this Agreement and will continue until terminated
as provided for in this Agreement. You may terminate this Agreement voluntarily at any time. Bobsweep may terminate this
Agreement at any time if you are in breach of any of its terms and conditions, and may refuse to license the Bobsweep
Software or the Bobsweep to you after termination. Upon termination by either party, you will immediately return to Bobsweep
or destroy the Bobsweep Software and the Bobsweep and all your copies thereof. Articles 5 and 7 through 17 of this
Agreement shall survive such termination. U.S. GOVERNMENT RESTRICTED RIGHTS: The Bobsweep Software and
the Bobsweep are provided with “RESTRICTED RIGHTS.” Use, duplication or disclosure by the Government is subject to
restrictions set forth in FAR52.227-14 and DFAR252.227-7013 et seq. or its successor. Use of the Bobsweep Software or
the Bobsweep by the Government constitutes acknowledgment of Bobsweep’s rights in them.
NO EXPORT: You may not export the Bobsweep Software or the Bobsweep in violation of applicable export laws.
INTERPRETATION PROVISION: The provisions of this Agreement are severable. If any provision of this Agreement is
held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable. Any law
or regulation which provides that the language of a contract shall be construed against the drafter shall not apply to this
Agreement.
INTEGRATION: This Agreement represents the complete agreement concerning the subject matter hereof, and any and all
understandings, conversations and communications, proposals, and counterproposals, oral and written (including any draft
of this Agreement) are merged into and superseded by this Agreement and shall be of no force or effect, except as expressly
provided herein. No such understandings, conversations, communications, proposals, counterproposals or drafts shall be
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