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SETKA EDITOR SERVICES SUBSCRIPTION AGREEMENT

Ephox Corporation DBA Tiny Technologies Inc. (“Tiny”) having offices at 2100 Geng Road, Suite 220, Palo Alto, CA 94303, United States of America

Effective July 1st, 2021

If you require a to-be-signed version, please contact sales@tiny.cloud

PLEASE READ THIS SETKA EDITOR SUBSCRIPTION SERVICES AGREEMENT (“SETKA EDITOR SERVICES SUBSCRIPTION AGREEMENT”) CAREFULLY BEFORE USING THE SETKA EDITOR SERVICES SUBSCRIPTION (“SETKA EDITOR SERVICES SUBSCRIPTION”), YOU ARE AGREEING TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS SETKA EDITOR SERVICES SUBSCRIPTION AGREEMENT, PLEASE DO NOT CLICK ‘ACCEPT.’ BY CLICKING ON ‘ACCEPT’ YOU ACCEPT AND AGREE TO THE TERMS AND CONDITIONS OF THIS SETKA EDITOR SERVICES SUBSCRIPTION AGREEMENT AND YOU WILL BE ACQUIRING A LICENSE TO USE THE SOFTWARE IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THIS SETKA EDITOR SERVICES SUBSCRIPTION AGREEMENT. IN THE EVENT THAT A SYSTEM INTEGRATOR, CONSULTANT, CONTRACTOR OR OTHER PARTY USES OR INSTALLS THE SOFTWARE ON YOUR BEHALF PRIOR TO YOUR USE OF THE SOFTWARE, SUCH SYSTEM INTEGRATOR, CONSULTANT, CONTRACTOR OR OTHER PARTY WILL BE DEEMED TO BE YOUR AGENT ACTING ON YOUR BEHALF AND YOU WILL BE DEEMED TO HAVE ACCEPTED ALL OF THE TERMS AND CONDITIONS OF THIS SETKA EDITOR SERVICES SUBSCRIPTION AGREEMENT AS IF YOU HAD USED OR INSTALLED THE SOFTWARE.

1. DEFINITIONS

The following definitions apply in this Setka Editor Services Subscription Agreement:

  1. “API Key” shall have the meaning set forth in Section 6.4.
  2. “Authorized” means a Subscriber is entitled to use the Software for a specific purpose or purposes or to access certain services provided by Tiny. Subscriber is specifically Authorized by one of the following methods (“Authorized Method”):
    1. in a Licensee-Signed Quote;
    2. in a receipt issued by Tiny;
    3. in a Confirmation Email; or
    4. in an agreement signed with Tiny.
  3. “Business Entity” means an incorporated organization or a registered business name.
  4. “Setka Editor Services Subscription Agreement” shall have the meaning set forth in the Preamble provided herein and include any sales forms.
  5. “Confirmation Email” means an email sent by Tiny that details the subscription start date, subscription length and the subscription end date.
  6. “Directives” shall have the meaning set forth in Section 6.2.
  7. “Effective Date” means the date on which Subscriber clicked the “I agree” button on the website or was issued with a document provided by the Authorized method
  8. “Purchase Confirmation Email” means an email sent by Setka that details the subscription start date, subscription length and the subscription end date.
  9. “Software” means the software used by Tiny to provide the Setka Editor Subscription Services such as “Setka Editor” WordPress plugin (the “Plugin”), Drupal/Magento/Bitrix Module (“Module”) or application for SharePoint (“Application”)
  10. “Software-as-a-Service” (‘SaaS’) shall have the meaning of an application that is provided by the Subscriber in a hosted environment that is provided to the end-users of the Subscriber’s application via the Internet or a private network.
  11. “Subscriber” means You.
  12. “Subscription Fees” shall have the meaning set forth in Section 5.
  13. “Subscription Period” means the term for which Subscription Fees have been paid as set forth in Section 2.2 herein.
  14. “Subscription Services” shall mean the Setka Editor hosted software-as-a-service provided by Tiny as set forth in the Preamble of this Setka Editor Services Subscription Agreement.
  15. “Support” shall have the meaning set forth in Section 7.3.
  16. “You“ or “Your” shall mean the Subscriber.
  17. “Site“ means www.setka.io
  18. “Service“ means the Setka Editor WYSIWYG Web editor together with the WordPress plugin (the “Plugin”), Drupal/ Magento/1C-Bitrix Module (“Module”), and application for SharePoint (“Application”).

2. GRANT OF LICENSE

In partial consideration for the Subscription Fees set forth in Section 5 and subject to the terms and conditions of this Setka Editor Services Subscription Agreement, Tiny hereby grants to Subscriber a non-exclusive, limited right to use the Setka Editor Services Subscription under the terms and conditions of this Setka Editor Services Subscription Agreement for the scope and products provided by the Authorized method. The grant of this license shall terminate with the termination of this Setka Editor Services Subscription Agreement.

Licenses granted are of the following types:

  1. Trial Subscription License – see Section 2.1
  2. Paid Subscription License – see Section 2.2
  3. No Charge Subscription License (Free Version) – see Section 2.3
2.1 Trial & Demo Subscription Licenses

Tiny and Subscriber may agree in advance that Subscriber will be allowed to use Setka Editor Subscription Services for evaluation purposes. If Tiny agrees to allow Subscriber to use the Setka Editor Subscription Services for evaluation purposes, then all the prohibitions of this Setka Editor Services Subscription Agreement shall be used for Setka Editor Subscription Services but only for an evaluation term of 14 days or as agreed to in advance by Tiny and Subscriber. At the end of the evaluation period, Subscriber shall have the option of obtaining a Paid Subscription License or a No Charge Subscription License. A Trial Subscription License entitles the Subscriber to use.

As a part of sales and marketing procedures we may also give you access to the demonstration version of our Service (“Demo Product”) for a period of maximum 14 days for internal testing. You are not authorized to use the Demo Product in any other way, and it may not be offered for sale or lease, or sold, leased or otherwise distributed. The Demo Product shall not be, in any case, directly or indirectly assembled as a part in any production of yours. You shall not disclose to any third party any information concerning any user name, password or URL to access the Demo Product.

Demo Product is offered for demonstration purposes only and is provided “as is“. We make no warranty that it is error-free.

2.2 Paid Subscription License

The Subscription Period (“Subscription Period”) commences on the date Subscriber is Authorized to use the Setka Editor Subscription Services and continues until the end of the last renewal. The Authorized Method states the Software that may be used during the Subscription Period. In the event that a Subscriber with a Paid Subscription License fails to renew the Paid Subscription the Subscriber may continue to use the Software under a No Charge Subscription License. Subscription Fees will renew in accordance with Section 5.1 or 5.2.

2.3 No Charge Subscription License (Free Version)

The Subscription Period (“Subscription Period”) commences on the date Subscriber is Authorized to use the Setka Editor Subscription Services and continues indefinitely until the Setka Editor Services Subscription Agreement is terminated.

The free version of the Setka Editor for use with Wordpress contains:

  • No inline icons upload in Style Manager;
  • Setka Editor Label (created with Setka Editor) below the post content;
  • 1 custom style in Style Manager;
  • 3 Pre-made custom styles in Style Manager;
  • 2 snippets in custom style;
  • No custom fonts upload in Style Manager;
  • No Typekit fonts in Style Manager;
  • No custom CSS & JavaScript support & easy adding;
  • No premium support;
  • No collaboration tools;
  • No Animation;
  • No Footnotes;
  • No Photo-galleries
  • No Tables
  • No Unsplash integration
  • No In-built Image Editor
  • No Export article in PDF
  • No Enhance symbol tool
  • No Mobile layout customization
  • No Export article in JSON
  • No AMP support
  • No Custom components API
  • No WordPress media library integration

The free version of Setka Editor for use with Drupal, Magento, Bitrix, and SharePoint Online allows users to edit text and to delete and replace photos.

3. PERMITTED LICENSE USES AND RESTRICTIONS

3.1 End User License Grant

Subject to the terms and conditions of these Agreement, we grant you a non-exclusive, limited, non-transferable, freely revocable license to access and use the Service. Plugin for WordPress and Modules for Drupal or Magento are licensed under the GNU general public license (http://www.gnu.org/licenses/gpl-3.0.txt).

StarterProEnterpriseAgencyPartner*
CMSOnly Ghost or HubspotWordPress, Ghost, 1CBitrix, HubSpot, Drupal, Magento, SharePoint OnlineWordPress, Ghost, HubSpot, Drupal, Magento, 1CBitrix, Custom integrations with any CMS, including SAP Success Factors, SAP CX, SAP JAM, Adobe Experience Manager and Microsoft SharePoint On-PremisesWordPress, Ghost, 1CBitrix, HubSpot, Drupal, Magento, SharePoint OnlineWordPress, Ghost, HubSpot, Drupal, Magento, SharePoint On-Premises, SAP, Bitrix, Custom
Posts a month5UnlimitedUnlimitedUnlimitedUnlimited
Users110UnlimitedUnlimitedUnlimited
Domains111Domains1

Please note that the license terms and restrictions depend on your subscription plan. Please find a detailed description of each plan on our Site.

Please note that all our Plans feature a multisite option. For the purpose of this Agreement the term “multisite” means the other language versions of your site or its test version located on a separate domain name. Any other use of multisite feature constitutes a breach of this license.

Tiny remains the sole owner of all right, title, and interest in the Service, Plugin/Module/Application and Site. We expressly reserve all rights not granted under these Terms.

Partner status is granted and revoked solely on Setka’s own discretion, and we reserve the right to cancel it subject to the prior written notice. Partners may use the Service only for their own needs (ex. Partner’s own website). Using the Service on the projects intended for the Partner’s clients is expressly prohibited

3.2 Access to Setka Editor Subscription Services

The Software is located on servers that are controlled by Tiny. Subscribers may access the Software but Subscriber has no rights to receive a copy of the object code or source code of the Software.

3.3 Use of Setka Editor

Our Service allows You to store and share Your Content. We don’t claim ownership of Your Content. Your Content remains Your Content and You are responsible for it. Specifically:

  1. When You share Your Content with other people, You understand that they may be able to, on a worldwide basis, use, save, record, reproduce, broadcast, transmit, share and display Your Content without compensating You. If You do not want others to have that ability, do not use the our Service.
  2. You represent and warrant that for the duration of these Terms, You have (and will have) all the intellectual property rights necessary for Your Content that is uploaded, stored and shared via our Service and that the collection, use and retention of Your Content will not violate any law or rights of others. Tiny does not own, control, verify, pay for, endorse or otherwise assume any liability for Your Content and cannot be held responsible for Your Content or the material others upload, store or share using Setka Editor.
3.3.2 Code of Conduct

By agreeing to these Terms, you’re agreeing that, when using our Service, You will follow these rules:

  1. Don’t do anything illegal.
  2. Don’t engage in any activity that exploits, harms or threatens to harm children.
  3. Don’t use our Service to share inappropriate content or material (involving, for example, nudity, bestiality, pornography, offensive language, graphic violence or criminal activity).
  4. Don’t engage in activity that is fraudulent, false or misleading (e.g. post material that is libelous or defamatory).
  5. Don’t engage in activity that is harmful to You, our Service or others (e.g. transmitting viruses, stalking, posting terrorist content, communicating hate speech or advocating violence against others).
  6. Don’t infringe upon the rights of others (e.g. unauthorised sharing of copyrighted images or other copyrighted material).
  7. Don’t engage in activity that violates the privacy or data protection rights of others.
3.3.3 Enforcement

If You violate these Terms, we may, in our sole discretion, stop providing the Service to You and/or we may close Your account. We may remove or refuse to publish Your Content for any reason. When investigating alleged violations of these Terms, Tiny reserves the right to review Your Content in order to resolve the issue, and You hereby authorise such review.

3.3.4 Reporting Objectionable Content

You or other parties may report breaches of these Terms to Tiny. Tiny takes any breach of the Code of Conduct seriously and will remove any of Your Content that contravenes the Code of Conduct. Objectionable content and other breaches of the Code of Conduct may be reported to legal@tiny.cloud.

3.3.5 Privacy

The privacy of Your Content is your responsibility. If the EU’s GDPR or other national data privacy laws apply to You then You are the ‘controller’ of Your Content and are responsible for its removal should You be requested to do so. Tiny will refer any requests for personal data erasure to You.

4. TERM & TERMINATION

4.1 Termination

This Setka Editor Services Subscription Agreement commences on the Effective Date and will remain in force until terminated. This Setka Editor Services Subscription Agreement shall immediately terminate if Paid Subscription License Subscriber does not pay the Subscription Fees as provided herein or fails to meet other Agreement terms. This Setka Editor Services Subscription Agreement for a No Charge Subscription License Subscriber shall terminate at Tiny’s discretion. Subscriber’s rights shall also immediately terminate under this Setka Editor Subscription Services Agreement without notice from Tiny if: (a) Subscriber fails to comply with any term(s) of this Setka Editor Subscription Services Agreement or (b) in the case of a Paid Subscription License the Subscriber terminates business activities or becomes insolvent, makes an assignment for the benefit of creditors or becomes subject to direct control of a trustee, receiver or similar authority.

4.2 Effect of Termination

Upon termination of this Setka Editor Services Subscription Agreement, all license grants provided herein shall immediately terminate and Subscriber and any of its end users shall immediately cease using Setka Editor Subscription Services.

5. SUBSCRIPTION FEES & PAYMENT TERMS

5.1 Subscription Fees for Website Purchases

This subsection provides the terms for Subscription Fees payable by Subscriber purchasing directly from the Tiny website. Subscriber agrees during the Subscription Period to pay Tiny the Subscription Fees specified in the Authorized Method. Subscriber explicitly gives Tiny authorization to auto-renew Setka Editor Services subscription until cancelled by Subscriber or Tiny. The Subscription Fees are payable in United States dollars. A valid form of payment, such as a credit card, PayPal, Stripe or Tiny-approved automatic payment, is required to subscribe to the Service. The Subscription Fees are payable in advance for the Subscription Period. For a subscription that renews monthly, Subscription Fees are paid in advance on a month-to-month basis and will be automatically charged unless Subscriber cancels the Services before the month begins. For a subscription that renews annually, Subscription Fees will be paid in advance for each subsequent year unless Subscriber cancels the Services before the beginning of the subsequent year.

5.2 Subscription Fees for Negotiated Purchases

This subsection provides the terms for Subscription Fees payable by Subscriber purchasing the Setka Editor Subscription Services through a negotiated sale. Subscriber agrees during the Subscription Period to pay Tiny the Subscription Fees specified in the Authorized Method (“Subscription Fees”). The Subscription Fees are payable in United States dollars. A valid form of payment, such as a credit card, PayPal, Stripe or Tiny-approved automatic payment, is required to subscribe to the service. The Subscription Fees are payable in advance for the Subscription Period. Tiny agrees to invoice Subscriber according to Tiny standard terms. The Tiny invoice shall be subject to net thirty (30) day term(s). Subscription Fees are to be paid in advance.

5.3 Payment Conditions

Subscription Fees are non-refundable and non-transferable unless you cancel your subscription within 30 days of purchase. In this case we offer you a full refund

When a payment cannot be processed, Subscriber shall have thirty (30) days from the renewal date to submit payment in order to retain Setka Editor Subscription Services. Amounts not paid when due shall be subject to interest at the rate of one and one-half percent (1.5%) per month or, if less, the maximum rate permitted by law.

Failure to pay the Subscription Fees, except to the extent subject to good faith dispute, shall constitute a material breach of this Agreement.

5.4 Taxes

The Subscription Fees do not include taxes (except for VAT taxes, which shall be collected by Tiny), and Subscriber shall pay any sales, use, value added or other taxes or import duties (other than corporate income taxes payable by Tiny) due as a result of any amounts paid to Tiny. Subscriber shall bear all of Tiny’s costs of collection of overdue fees, including reasonable attorneys’ fees.

6. SUBSCRIBER PERSONAL DATA

6.1 Privacy Policy

Tiny’s privacy policy is detailed on the Tiny website at https://www.tiny.cloud/legal/privacy/.

6.2 EU Data Protection Directives

To the extent applicable Tiny must comply with the California Consumer Privacy Act of 2018, as amended, the principles of the European Union Data Protection Directive 95/46, the General Data Protection Regulations (GDPR) and the Telecoms Data Protection Directive as amended (“the Directives”) and any successor legislation, in relation to any “personal data” received by or originating from the Subscriber. Subscriber grants Tiny permission to place session cookies on their computer for the duration of any session. Tiny will not place residual cookies on a Subscriber’s computer. Subscriber hereby warrants that it is aware of regional and national data privacy laws and regulations and will comply with all such laws in the use of Setka Editor Subscription Services. In particular, Subscriber warrants that it will not use the Setka Editor Subscription Services in violation of any data privacy laws in the United States, Europe or elsewhere in the world. Subscriber hereby represents that it will make this warranty as long as this Setka Editor Subscription Services Agreement is in force.

Tiny collects “personal data” only for the purpose of identifying Subscribers of the Setka Editor Subscription Services. Subscriber may request the deletion of “personal data” in accordance with the provisions of the GDPR and other relevant legislation. Such requests shall be directed to legal@tiny.cloud

6.3 Subscriber Account, Password & Security

Upon completing the registration process, Subscriber shall receive credentials to allow Subscriber to use Setka Editor Subscription Services. Subscriber is responsible for maintaining the confidentiality of the account and is fully responsible for all activities that occur under Subscriber’s account. Subscriber agrees to immediately notify Tiny of any unauthorized use of Subscriber’s account or any other breach of security. Tiny is not liable for any loss or damage arising from Subscriber’s failure to comply with this Section 6. Setka Editor Subscription Services may prevent Subscriber from accessing the Subscriber Services until its identity can be confirmed if an account designation is used to access Setka Editor Subscription Services from more than one location or from multiple locations in sequence at once.

6.4 API Key

The use of some Setka Editor Subscription Services requires a secure passcode (“API Key”), which is directly associated with Subscriber’s account. Subscriber is solely responsible for the activity that occurs on Subscriber’s account, and for keeping Subscriber’s account secure, including the API Key. Subscriber is not permitted to use another account without permission. Subscriber must notify Tiny immediately of any breach of security or other unauthorized use of Subscriber’s account.

7. AVAILABILITY AND TECHNICAL SUPPORT

We use commercially reasonable efforts to make the Service available 7 days a week, 24 hours a day. However, we do not guarantee the availability of the Service, shall not have any liability to you for any unavailability of the Service, and is under no obligation to provide you with maintenance, technical support or updates for the Plugin or the Service unless provided in conjunction with your plan type and, if provided, in the manner as determined by us from time to time. We will use commercially reasonable efforts to provide twenty-four (24) hour advance notice to you in the event of any scheduled downtime. We reserve the right to suspend or terminate access to your account if your use of the Service disrupts, impedes, or otherwise negatively impacts the operation of the Service or the use of the Service by other Customers or if you violate any of these Terms.

8. WARRANTY AND LIABILITY

8.1 Limitation of Liability

Tiny’s total liability under this Setka Editor Services Subscription Agreement shall be limited to the amount paid by Subscriber under this Setka Editor Services Subscription Agreement. In no event shall Tiny be liable for costs of procurement of substitute goods or technology, loss of profits, or for any indirect, special, exemplary, punitive, consequential or incidental damages, even if Tiny has been advised of the possibility of such damages.

In no event will Tiny be liable for fines or penalties imposed on or by Subscriber. Furthermore, Tiny disclaims any liability for loss of or inaccuracy of Subscriber’s data or the data maintained by Subscriber on behalf of others. Tiny also disclaims liability and/or responsibility for violations of applicable privacy laws and regulations, or for breaches of security of hardware, Setka Editor Subscription Services or systems for which Subscriber is responsible.

Subscriber hereby agrees that Tiny will not be liable for loss of or damage to goodwill or “costs of cover” (including, without limitation, costs of procuring substitute products or services) which arise directly or indirectly out of the purchase, sale, use of and/or inability to use Setka Editor Subscription Services provided in connection with this Setka Editor Services Subscription Agreement, whether such damages are based upon contract, tort, intentional conduct, equity or pursuant to some other theory, whether the possibility of such damages was made known to or was foreseeable by Tiny and whether such damages are asserted by Subscriber or a third party.

Subscriber agrees to assume the responsibility for insuring against or otherwise bearing the risk of damages in excess of the liability of Tiny. The limitations of liability set forth herein are intended to limit Tiny’s liability and will apply notwithstanding the failure of the essential purpose of any remedy.

Any action claim or proceeding relating to these terms and conditions, and the Setka Editor Subscription Services provided in connection with the Setka Editor Services Subscription Agreement or the transactions contemplated by the terms and conditions of said Setka Editor Services Subscription Agreement, must be brought within twelve (12) months following the action or event giving rise to such action, claim or proceeding. Subscriber agrees to use reasonable efforts to mitigate any damages sustained by Subscriber pursuant to or in connection with the use of or Subscriber’s inability to use the Setka Editor Subscription Services provided in connection with this Setka Editor Services Subscription Agreement.

Notwithstanding the foregoing, the disclaimer of warranties and/or the disclaimer and/or limitation of damages will not be deemed to disclaim liability specifically imposed on Tiny by statute or regulation, to the extent such liability cannot be waived or disclaimed. Some jurisdictions do not allow the disclaimer of implied warranties or the exclusion or limitation of liability for consequential or incidental damages, so the disclaimers or limitations set forth herein may not fully apply. To the extent that the disclaimers and/or limitations set forth herein are not fully enforceable under applicable law, Subscriber may have other legal rights which vary from jurisdiction to jurisdiction.

8.2 Remedies for Infringement

In the event that Tiny reasonably believes that the Setka Editor Subscription Services may be subject to an infringement claim, Tiny may, in its sole discretion, either: (a) substitute substantially equivalent subscription services; (b) modify the Setka Editor Subscription Services; or (c) terminate the license granted hereunder.

9. CONFIDENTIALITY

The Setka Editor Subscription Services, Software, and documentation contain valuable trade secrets that are the sole property of Tiny, and Subscriber agrees to use reasonable care to prevent other parties from learning of the trade secrets. Subscriber must take reasonable care to prevent unauthorized access to or duplication of the Setka Editor Subscription Services, Software and documentation. This section does not apply to any information that (a) is now, or subsequently becomes, through no act or failure to act on the part of Subscriber, generally known or available; (b) is known by Subscriber at the time of receiving such information, as evidenced by the Subscriber’s contemporaneous written records; (c) is subsequently provided to the Subscriber by a third party, as a matter of right and without restriction on disclosure; or (d) is required to be disclosed by law, provided that Tiny is given prior written notice by Subscriber of any such proposed disclosure.

10. GENERAL

10.1 Assignment

Tiny may freely assign this Setka Editor Services Subscription Agreement without restriction. Neither this Setka Editor Services Subscription Agreement nor any rights under this Setka Editor Services Subscription Agreement may be assigned or otherwise transferred by Subscriber, in whole or in part, whether voluntary or by operation of law, including by way of sale of assets, merger or consolidation, without the prior written consent of Tiny, which may be withheld in its absolute discretion. Subject to the foregoing, this Setka Editor Services Subscription Agreement will be binding upon and will vest to the benefit of the parties and their respective successors and assignors. Notwithstanding the foregoing, no transfer or assignment of Subscriber’s rights hereunder shall be effective unless and until the purported assignee agrees in writing to be bound by all of Subscriber’s obligations hereunder.

10.2 Waiver

Tiny’s failure to act under this Setka Editor Services Subscription Agreement shall not indicate a waiver of rights under this Setka Editor Services Subscription Agreement. No waiver of any provision of this Setka Editor Services Subscription Agreement shall be valid unless made in writing and signed by Tiny. The failure of Tiny to require the performance of any term or obligation of this Setka Editor Services Subscription Agreement or the waiver by Tiny of any breach of this Setka Editor Services Subscription Agreement shall not prevent any subsequent enforcement of such term and shall not be deemed a waiver of any subsequent breach.

10.3 US Export Restrictions

The Setka Editor Subscription Services may be subject to certain export restrictions of the United States Government. If Subscriber is (a) in a country to which export from the United States is restricted for anti-terrorism reasons, or a national of any such country, wherever located, (b) in a country to which the United States has embargoed or restricted the export of goods or services, or a national of any such country, wherever located, or (c) a person or entity who has been prohibited from participating in United States export transactions by any agency of the United States Government, then Subscriber may not install, download, access, use, or license the Setka Editor Subscription Services. By accepting the terms of this Setka Editor Services Subscription Agreement, Subscriber warrants and represents to Tiny that (1) Subscriber does not match the criteria set forth in (a), (b), or (c) above, (2) that Subscriber will not export or re-export the Setka Editor Subscription Services to any country, person, or entity subject to U.S. export restrictions, including those persons and entities that match the criteria set forth in (a), (b), or (c) above, and (3) that neither the United States Bureau of Industry and Security, nor any other U.S. federal agency, has suspended, revoked, or denied Subscriber export privileges. United States Government export control rules prohibit the export of products (including software) to be used by military end-users in China, Russia, and Venezuela. The definition of a ‘military end-user’ is an army, navy, air force, marines, coast guard, national guard/civilian militia, police, government intelligence, or reconnaissance organization. Licensee certifies that they are not a military end-user in China, Russia or Venezuela and undertake not to provide OEM products or provide SaaS services using Tiny products to any military end-user in those countries.

10.4 Governing Law

This Setka Editor Services Subscription Agreement is governed by and construed and enforced in accordance with the substantive laws in force in the Santa Clara County, State of California, USA, and in no event shall the United Nations Convention on Contracts for the International Sale of Goods govern this Setka Editor Subscription Services Agreement.

10.5 Notices

Tiny may provide Subscriber with notices, including those regarding changes to these terms of service, by e-mail or postings on the Services website. Subscriber may send a notice relating to this Setka Editor Services Subscription Agreement by delivery-assured service to the Chief Financial Officer, Tiny Technology Inc, 2100 Geng Road, Suite 220, Palo Alto, CA 94303, United States of America.

10.6 U.S. Government End Users

The Setka Editor Subscription Services are a “Commercial Item,” as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Subscription Services” as such term is used in 48 C.F.R. §12.212. Consistent with 48 C.F.R. §12.212, the Commercial Computer Subscription Services are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.

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