Terms & Conditions

Devaten End User License Agreement Please carefully read the following terms and conditions before accepting this agreement. By indicating your acceptance, executing an order form that references this agreement, or downloading, installing, and/or utilizing the software (referred to as the “Software”), you acknowledge that you have read, understood, and agreed to be bound by this legally binding contract between you (either as an individual or on behalf of a legal entity) and Devaten Worldwide, LLC (“Devaten Worldwide”). If you do not agree to these terms and conditions, you must not download, install, or use the Software. This End User License Agreement (“Agreement”) governs the license provided to you by Devaten Worldwide for the Software. By accepting this Agreement, you agree to comply with the obligations set forth herein. If you are entering into this Agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to this Agreement. Please note that any changes, additions, or deletions made by you to this Agreement will not be accepted and will not form a part of this Agreement. By proceeding to use the Software, you acknowledge that you have carefully reviewed and agreed to the terms and conditions set forth in this Agreement.

•   1. DEFINITIONS
•   1.1 Affiliates: “Affiliates” refers to entities that are currently or in the future controlled by, under common control with, or controlling the party in question. Control is determined by possessing fifty percent (50%) or more of the voting power (or equivalent) of the relevant entity, but only for the duration of such control. Subject to the terms and conditions of this Agreement, Affiliates are permitted to use the granted license. Any mention of “Devaten” shall include Devaten Worldwide and its affiliates, and any reference to “Company,” “You,” or “Your” shall refer to Company and its affiliated entity/entities.
•   1.2 Computer: “Computer” denotes the hardware, whether physical or virtual, if it represents a single computer system, or the computer system with which the hardware operates if it is a component of a computer system.
•   1.3 Documentation: “Documentation” refers to the official user documentation provided by Devaten Worldwide to guide You in the use of the Software. It is important to note that any online community sites, unofficial documentation, videos, white papers, or related media, as well as feedback, are not considered part of the Documentation.
•   1.4 Order Form: “Order Form” signifies the Devaten order page, quote, product information dashboard, or any other Devaten ordering document that specifies the details of Your Software purchase, including pricing and related information.
•   1.5 Perpetual License: “Perpetual License” denotes a license for which You pay a fee to acquire the right to use the Software and Documentation indefinitely, as outlined in this Agreement.
•   1.6 Personal Data: “Personal Data” refers to information that can be readily used to identify a person.
•   1.7 Product Addendum(a): “Product Addendum(a)” refers to additional terms and conditions outlined in Section 14 that pertain to the specific Software in question.
•   1.8 Software: “Software” represents the object code versions of the product identified in the Order Form. This includes updates, new releases or versions, modifications, or enhancements owned and provided by Devaten Worldwide to You under this Agreement.
•   1.9 Subscription Term License: “Subscription Term License” refers to a license for which You pay a fee to obtain the right to use the Software and Documentation for a specific period indicated in the Order Form, as governed by the terms outlined in this Agreement.
•   1.10 User(s): “User(s)” denotes individuals authorized by You to use the Software and Documentation. This may include Your employees, consultants, contractors, and, if applicable, Your customers.
•   1.11 Your Data or Data: “Your Data” or “Data” refers to data, files, or information, including any data, files, or information containing Personal Data, that is accessed, used, communicated, stored, or submitted by You or Your Users in connection with Your or Your Users’ use of the Software
•   2. LICENSE GRANT
•   2.1 Nature of License: This Agreement governs the license of the Software and Documentation under either a Perpetual License or a Subscription Term License, as described below: – Perpetual License: With a Perpetual License, You obtain the right to use the Software and Documentation indefinitely, subject to the terms and conditions of this Agreement. – Subscription Term License: With a Subscription Term License, You are granted a limited license to use the Software and Documentation for a specific period, as specified in this Agreement.
•   2.2 Grant of License: Upon payment of the applicable fees for the Software and Your continuous compliance with this Agreement and the Documentation, Devaten Worldwide grants You a limited, nonexclusive, nontransferable license to use the object code of the Software and Documentation solely for your internal business purposes, in accordance with the terms outlined in this Agreement.
•   2.2.1 Usage Rights: For each Software license key purchased from Devaten Worldwide, You are authorized to use the Software on a single computer, unless otherwise specified in the Documentation.

2.2.2 Software Usage: The Software is considered to be in use on a Computer when it is either loaded into temporary memory or installed in permanent memory, such as a hard drive or CD-ROM. You are responsible for taking reasonable measures to prevent unauthorized use or disclosure of the Software and Documentation. You agree to exercise at least the same level of care in protecting the Software and Documentation as you would with your own confidential and proprietary information, ensuring a reasonable degree of care under the circumstances. Additionally, you agree to register the Software exclusively with Devaten and to install a Software license key obtained directly from Devaten.

2.3 Software Evaluation or Beta License: If the Software is provided to You for evaluation, beta testing, or as a release candidate, Devaten Worldwide grants You a nonexclusive, limited, royalty-free, and nontransferable evaluation license. This Evaluation License allows You to use the Software internally for the purpose of evaluation before making a purchase or implementing it in production. 2.3.1 Evaluation Period: The Evaluation License is valid only during the specified evaluation period. You are not permitted to use the Software for production purposes under the Evaluation License. 2.3.2 Termination: The Evaluation License will automatically terminate on the end date of the evaluation period or immediately upon notice from Devaten at its sole discretion.

2.3.3 Warranty and Support: The Software provided under the Evaluation License is provided “AS IS” without any indemnification, support, or warranty, whether express or implied. Unless stated otherwise in this section, all other terms of this Agreement shall apply to Software licensed under an Evaluation License.

2.4 High Availability and/or Disaster Recovery Purpose License: If You are obtaining a redundant version of the Software specifically for high availability and/or disaster recovery purposes, and for use on a separate disaster recovery Computer, You agree to the following:

2.4.1 Usage Restrictions: You represent and warrant that You will actively run the redundant version of the Software on a computer other than the primary production Computer. The redundant version should not be running on a primary production Computer, except in the following circumstances: – The primary production Computer associated with the primary production version of the Software experiences a failure. – The Software or Computer related to the primary production license is undergoing an upgrade or replacement. – Temporary disruptions occur that significantly impact Your business operations.

2.4.2 Limited Monitoring Scope: You will restrict the use of the redundant version of the Software to monitoring only those items that are monitored by the primary production Computer. It should not be used to monitor additional items beyond the scope of the primary production setup.

2.4.3 Prompt Restoration of Primary Production: In the event of any disruption or failure, You agree to promptly restore the primary production Computer hosting the primary production license to proper functioning. This is necessary to support Your daily activities and maintain the continuity of Your operations. By obtaining the redundant version of the Software for high availability and/or disaster recovery purposes, You acknowledge and agree to abide by these usage conditions.

2.4 High Availability and/or Disaster Recovery Purpose License: If You are obtaining a redundant version of the Software specifically for high availability and/or disaster recovery purposes, and for use on a separate disaster recovery Computer, You agree to the following:

2.4.1 Usage Restrictions: You represent and warrant that You will actively run the redundant version of the Software on a computer other than the primary production Computer. The redundant version should not be running on a primary production Computer, except in the following circumstances: – The primary production Computer associated with the primary production version of the Software experiences a failure. – The Software or Computer related to the primary production license is undergoing an upgrade or replacement. – Temporary disruptions occur that significantly impact Your business operations.

2.4.2 Limited Monitoring Scope: You will restrict the use of the redundant version of the Software to monitoring only those items that are monitored by the primary production Computer. It should not be used to monitor additional items beyond the scope of the primary production setup.

2.4.3 Prompt Restoration of Primary Production: In the event of any disruption or failure, You agree to promptly restore the primary production Computer hosting the primary production license to proper functioning. This is necessary to support Your daily activities and maintain the continuity of Your operations. By obtaining the redundant version of the Software for high availability and/or disaster recovery purposes, You acknowledge and agree to abide by these usage conditions.

3.1.2 Devaten Trademarks. You are not permitted to delete, remove, hide, move, or alter any trademark, logo, icon, image, or text that represents the company name of Devaten, any derivation thereof, or any icon, image, or text that may cause confusion with them. All representations of the company name or mark “Devaten” or any names or marks of its Affiliates must remain in their original form as distributed, regardless of the presence or absence of a trademark, copyright, or other intellectual property symbol or notice.

3.2 License Obligations.

3.2.1 You acknowledge, agree, and warrant that: (i) You are responsible for ensuring that both You and Your Users comply with this Agreement. If You become aware of any violation, You must immediately terminate the offending party’s access to the Software and Documentation and notify Devaten. (ii) You have the legal authority to process Your Data and provide it to Devaten. This includes obtaining any necessary consents or rights for such processing, as outlined further in this Agreement. You also have the right to access and use Your infrastructure, including any system or network, to obtain or provide the Software. You are solely responsible for the accuracy, security, quality, integrity, and legality of Your Data. (iii) You will keep Your registration information, billing information, passwords, and technical data accurate, complete, secure, and up to date. (iv) You will use the Software and Documentation in compliance with all applicable laws in the jurisdictions where You use them. This includes, but is not limited to, local, state, federal, and international laws, such as intellectual property, privacy, and security laws.

3.1.2 Devaten Trademarks.

According to this section, you are prohibited from making any changes to the trademarks, logos, icons, images, or texts associated with the company name “Devaten” or any variations thereof that could cause confusion. You must maintain the original representation of the company name or mark “Devaten” and any names or marks of its Affiliates as distributed, regardless of the presence or absence of trademark, copyright, or other intellectual property symbols or notices.

3.2 License Obligations.

In this section, you acknowledge and agree to the following obligations:

(i) You are responsible for ensuring that both you and your Users comply with the terms of this Agreement. If you become aware of any violations, you must immediately terminate the access of the offending party to the Software and Documentation and notify Devaten.

(ii) You affirm that you have the legal authority to process Your Data and provide it to Devaten. This includes obtaining any necessary consents or rights for such processing as outlined in this Agreement. You also have the right to access and use your infrastructure, including any system or network, to obtain or provide the Software. You bear sole responsibility for the accuracy, security, quality, integrity, and legality of Your Data.

(iii) You commit to keeping your registration information, billing information, passwords, and technical data accurate, complete, secure, and up to date.

(iv) You agree to use the Software and Documentation in compliance with all applicable laws in the jurisdictions where you use them. This includes adhering to local, state, federal, and international laws, such as those related to intellectual property, privacy, and security.

Next, we move on to Section 4 of the agreement:

4. FEES AND PAYMENT.

According to this section, the following terms apply to fees and payment:

– Fees will be due and payable as specified on the Order Form.

– You agree to pay all fees in a timely manner.

– Payment obligations are non-cancelable, meaning once you agree to pay the fees, you are obligated to fulfill the payment.

– Fees paid are non-refundable, unless otherwise stated in the Order Form.

– Unless otherwise specified in the Order Form, all payments made under this Agreement shall be in United States dollars.

Next, we move on to Section 5 of the agreement:

5. RIGHTS RESERVED. THE SOFTWARE IS LICENSED, NOT SOLD.

This section clarifies that the use of the word “purchase” in relation to licenses, license keys, or the Software does not imply a transfer of ownership. The Agreement does not grant you any rights, title, or interest in the Software, Documentation, trademarks, service marks, trade secrets, or corresponding intellectual property of Devaten or its suppliers, except as expressly stated.

– The Agreement does not grant you ownership of the Software or any associated intellectual property.

– Devaten, its suppliers, or third parties retain all rights, title, and interest in the Software, Documentation, and corresponding intellectual property.

– Any content accessed through the Software belongs to the respective owner and may be protected by applicable laws.

– You have no rights to such content unless explicitly granted.

– Your Data remains your sole property, and Devaten agrees to this.

– If you provide Feedback to Devaten regarding their products and services, you acknowledge that Devaten may have similar ideas, that the Feedback is not confidential or proprietary, and that Devaten is granted a license to use or incorporate the Feedback into its products and services.

In summary, this section emphasizes that while you are granted a license to use the Software, ownership and intellectual property rights remain with Devaten or its suppliers, and any feedback you provide may be used by Devaten without restriction.

Next, we have Section 6 of the agreement:

6.1 Confidentiality; Personal Data.

– Confidential Information refers to nonpublic or proprietary information, in any form, disclosed under the agreement. This includes the Software, Documentation, intellectual property, proprietary rights, and Personal Data. It may also include confidential information received from a third party.

– However, Confidential Information does not include information that is publicly available, already known to the receiving party, received from a third party without restrictions, or independently developed without using the Confidential Information.

6.2 Protection of Data.

– Devaten will process configuration, performance, usage, and consumption data related to the Software, including Personal Data, in accordance with its Privacy Notice.

– Both parties agree to comply with applicable data protection legislation and maintain appropriate security measures to protect Confidential Information and Personal Data.

– When Devaten processes Personal Data on your behalf as a data processor, you are the data controller and determine the purpose and manner of processing. Devaten, as a data processor, will comply with its obligations under applicable data protection laws.

– Devaten and its US Affiliates have certified their adherence to the EU-US and Swiss-US Privacy Shield Frameworks and will process Personal Data subject to Swiss or European data protection laws in accordance with Privacy Shield and its principles.

In summary, this section outlines the obligations regarding the confidentiality of information, including Personal Data, and the processing of data by Devaten. It also mentions compliance with data protection legislation and the Privacy Shield Frameworks for the processing of Personal Data.

Next, we have Section 6.3 of the agreement:

6.3 Protection of Confidential Information.

– The Receiving Party may use the Confidential Information of the Disclosing Party for the purposes of exercising its rights and fulfilling its obligations under the Agreement, in connection with their ongoing business relationship, or as specified in the Agreement.

– The Receiving Party is not allowed to use the Confidential Information of the Disclosing Party for any purposes other than those permitted by the Agreement.

– The Receiving Party may disclose the Confidential Information of the Disclosing Party only to its employees or contractors who have a legitimate need to know the information for the purposes of the Agreement. These employees or contractors must be bound by confidentiality obligations similar to those outlined in the Agreement.

– The Receiving Party must make commercially reasonable efforts to protect the Confidential Information from unauthorized or unlawful processing by implementing appropriate technical and organizational measures to maintain an appropriate level of security.

– Both parties are responsible for any breach of the Agreement committed by their consultants or agents.

– The Confidential Information remains the property of the Disclosing Party at all times, and the Receiving Party and its agents are not granted any rights to use, license, or exploit the Confidential Information, either explicitly or implicitly.

In summary, this section establishes the obligations of the Receiving Party regarding the use and protection of Confidential Information. It outlines the permissible uses of the Confidential Information, restrictions on use for unauthorized purposes, limitations on disclosure to authorized individuals, the requirement for maintaining confidentiality, and the prohibition on exploiting the Confidential Information without explicit rights granted by the Disclosing Party.

Next, we have Section 7 of the agreement, which covers the limited warranty provided by Devaten:

7. Limited Warranty

– Devaten Worldwide warrants that the Software will perform substantially in accordance with the Documentation for a period of thirty (30) days from the initial purchase and delivery of the Software.

– This warranty does not guarantee that the Software will meet all of Your requirements or that its use will be uninterrupted or error-free.

– The warranty only applies to failures in the operation of the Software that can be reproduced in standalone form. It does not cover situations where the Software has been modified or altered by You or any unauthorized third party, operated in violation of the Agreement or Documentation, or failures caused by other software or hardware products.

– Devaten Worldwide’s liability and Your exclusive remedy for any breach of the warranty is, at Devaten Worldwide’s sole option and expense, to promptly repair or replace the non-conforming Software or refund the applicable license fees paid upon the return of the non-conforming item. If repair or replacement is not feasible, a refund may be issued.

– The warranty is void if the failure of the Software is a result of accident, abuse, or misapplication. Any replacement Software provided under this warranty will be warranted for thirty (30) days.

– Except for the warranties expressly stated in this section, Devaten provides and licenses the Software to You on an “as is” basis, without any other warranties, whether statutory, express, or implied, including but not limited to the warranties of merchantability, title, non-infringement, and fitness for a particular purpose.

In summary, Devaten provides a limited warranty for the Software, stating that it will perform as described in the Documentation for a period of thirty days. However, this warranty is subject to certain conditions and exclusions. Devaten disclaims all other warranties, except those expressly stated in this section, and provides the Software “as is.”

Next is Section 8 of the agreement, which covers intellectual property indemnification:

8. Intellectual Property Indemnification

– Devaten Worldwide agrees to indemnify and hold You harmless from any third-party claim that the Software, as provided by Devaten Worldwide under this Agreement and used within the scope of this Agreement, infringes or misappropriates any U.S. patent, copyright, trademark, trade secret, or other intellectual property rights of a third party.

– Devaten Worldwide’s indemnification obligations are subject to the following conditions: (i) Your use of the Software is in conformity with the Agreement and Documentation; (ii) the infringement is not caused by modification or alteration of the Software or Documentation; and/or (iii) the infringement was not caused by combining or using the Software with products not supplied by Devaten.

– To benefit from Devaten Worldwide’s indemnification, You must: (i) promptly notify Devaten Worldwide in writing of the claim; (ii) grant Devaten Worldwide sole control over the selection of legal counsel, defense, and settlement of the claim; and (iii) provide Devaten Worldwide with reasonable assistance, information, and authority required for the defense and settlement of the claim.

– This section sets forth Devaten’s entire liability and shall be Your sole and exclusive remedy concerning indemnification.

In summary, Devaten Worldwide agrees to indemnify and defend You against third-party claims asserting that the Software infringes any U.S. intellectual property rights. However, certain conditions must be met for this indemnification to apply, including compliance with the Agreement and Documentation and not modifying the Software. You must promptly notify Devaten of any claim and cooperate in the defense. This section outlines the extent of Devaten’s liability and serves as Your sole remedy for indemnification.

Next is Section 9 of the agreement, which addresses the limitation of liability:

9. Limitation of Liability

– To the maximum extent permitted by applicable law, Devaten, its directors, officers, agents, suppliers, and licensors will not be liable to You (whether in contract, tort, or otherwise) for an amount exceeding the total license fees paid to Devaten by You in the preceding twelve (12) months for the applicable Software.

– To the maximum extent permitted by applicable law, Devaten, its directors, officers, agents, suppliers, and licensors will not be liable for any indirect, incidental, consequential, special, punitive, or exemplary damages, including but not limited to lost profits, lost business opportunities, loss of use of the service offering, loss of goodwill, business interruption, loss or corruption of Your data, lost savings, or other economic damages arising out of this Agreement or the use or inability to use the Software or Documentation.

– These limitations of liability will apply even if Devaten or a dealer authorized by Devaten has been advised of the possibility of such damages.

– These limitations will remain in effect and apply despite any failure of the essential purpose of this Agreement or any limited remedy provided under this Agreement.

In summary, the liability of Devaten, its directors, officers, agents, suppliers, and licensors is limited to the amount of license fees paid by You in the twelve months preceding the claim. Devaten and its associated parties will not be liable for any indirect, incidental, consequential, or other specified damages, even if they were advised of the possibility of such damages. These limitations of liability will continue to apply regardless of any failure of the essential purpose of the Agreement or any limited remedies provided.

Next is Section 10 of the agreement, which covers the term and termination:

10. Term and Termination

10.1 Term for Perpetual License: The term of a Perpetual License begins upon the delivery of the Software to You.

10.2 Term for Subscription Term License:

10.2.1 Initial Subscription Term: The initial term of the license for Software and Documentation under a Subscription Term License begins upon the delivery of the Software to You. Unless terminated earlier as provided in the agreement, it continues for the period specified in the applicable Order Form (“Initial Subscription Term”). You authorize Devaten to automatically renew Your subscription for the Software at the rates provided by Devaten upon the expiration of the Initial Subscription Term. Each renewal period is referred to as a “Renewal Term,” and collectively with the Initial Subscription Term, it constitutes the “Term.” The Renewal Term is typically the same length as the Initial Subscription Term unless otherwise specified by Devaten during the renewal.

10.2.2 Termination by You: You have the right to terminate the Agreement by providing Devaten with a written notice of termination at least sixty (60) days prior to the end of the Term.

10.3 Termination by Devaten: Devaten may terminate the Agreement immediately under the following circumstances: (a) You become subject to bankruptcy or any other proceeding related to insolvency, receivership, liquidation, or assignment for the benefit of creditors, or (b) You infringe or misappropriate Devaten’s intellectual property, breach the license restrictions and obligations, or fail to make any payment due under the agreement. Devaten reserves the right to terminate the Agreement in such cases. Upon termination or expiration of the Agreement or Order Form, You are required to uninstall and cease all use of the Software and Documentation. Additionally, upon request by Devaten, You must either destroy or return all copies of the Software and Documentation.

Please note that this is a summary of Section 10 and it is always recommended to refer to the original agreement for the complete and accurate wording.

Section 11 of the agreement pertains to third-party programs:

11. Third-Party Programs

If the Software is bundled with third-party software programs, those programs are governed by their own license terms, which may include open source or free software licenses. In the event of any conflict between the terms of those licenses and this Agreement, the terms of the third-party programs’ licenses will take precedence over this Agreement regarding Your use of those specific third-party programs. It is important to note that this Agreement does not limit an end user’s rights under, or grant rights that supersede, the terms of any third-party software.

Section 12 of the agreement covers the choice of law and venue:

12. Choice of Law and Venue

This Agreement is governed by the laws of the State of Texas and the United States, without giving effect to any conflicts of law provisions. The United Nations Convention on the International Sale of Goods is explicitly excluded and shall not apply to this Agreement. The parties agree that the Uniform Computer Information Transactions Act will not apply to this Agreement. By entering into this Agreement, you consent to the jurisdiction of the courts in both the state and federal courts located in Texas.

Section 13 of the agreement covers general provisions:

13.1 Notices

All notices under this Agreement must be in writing and sent by registered or certified mail to Devaten Finland at Tykistökatu 4 b 20520 Turku or via email to info@Devaten.com.

13.2 Counterparts and Email Signature

This Agreement may be executed in counterparts, and signature pages may be exchanged via email. Signatures exchanged by email shall be considered valid and binding.

13.3 Entire Agreement

This Agreement, along with the Software Support and Maintenance Terms and Conditions, Your Order Form, and any applicable product addenda found at http://4.231.250.65/legal-documents, constitute the entire agreement between the parties. They supersede all prior or contemporaneous communications, agreements, and understandings, whether written or oral, regarding the subject matter covered by this Agreement. In case of any inconsistency between this Agreement and any Order Form, the terms of this Agreement shall prevail.

13.4 Modifications

This Agreement may only be amended or modified through a written agreement signed by authorized representatives of both parties. The written agreement must explicitly state that it is an amendment to this Agreement.

13.5 Severability

If any provision of this Agreement is determined to be unenforceable, illegal, or void by a court of competent jurisdiction, it shall not affect the enforceability of the remaining provisions of the Agreement. The parties agree that the unenforceable provision(s) will be replaced by a provision(s) that is binding and enforceable, and that closely reflects the intent and purpose of the original provision, to the extent permitted by law.

13.6 Waiver

The failure or delay of either party to exercise any right or remedy provided in this Agreement shall not constitute a waiver of that right or remedy unless such waiver is expressly stated in writing.

13.7 Force Majeure

Devaten shall not be held liable for any delay or failure to perform its obligations under this Agreement if such delay or failure is due to circumstances beyond its reasonable control. These circumstances may include acts of God, labor disputes, utility failures, natural disasters, government actions, acts of terrorism, and war.

13.8 Construction

The paragraph headings in this Agreement are for convenience purposes only and shall not affect the interpretation or construction of the provisions contained herein.

13.9 Third Party Rights

This Agreement does not confer any rights or benefits to any person or entity who is not a party to the Agreement. No third party may enforce the terms of this Agreement or rely on any exclusions or limitations stated within it, unless expressly provided otherwise.

13.10 Government Use

Devaten’s Software and Documentation are considered “commercial items” as defined in the Federal Acquisition Regulation (FAR). The Software and related items are subject to certain restrictions and are licensed to government end-users in accordance with applicable acquisition regulations, including DFARS Section 227.7202 and FAR Section 12.212. The Use of the Software and Documentation by the government is further governed by specific FAR and DFARS clauses. All other Use of the Software and Documentation is prohibited unless explicitly permitted in this Agreement. This section supersedes any other government rights clauses and addresses the rights and restrictions for government use of the Software and Documentation.

13.11 Relationship of the Parties

The parties to this Agreement are independent contractors, and nothing in this Agreement creates a partnership, franchise, joint venture, agency, fiduciary, or employment relationship between them. Each party retains its own separate legal identity and is responsible for its own actions and obligations under the Agreement.

13.12 Records

You are required to maintain and provide Devaten with all necessary information and records to demonstrate your compliance with this Agreement. Upon request, you must provide an affidavit confirming your usage and installation of the licensed Software and your adherence to the terms of this Agreement. Devaten, through a designated certified public accountant or auditor, may conduct inspections and audits of y

our facilities and records to verify compliance with this Agreement and the usage and installation of the licensed Software. The audit will be scheduled during regular business hours and will not unduly disrupt your normal business activities. If the audit reveals that the licensed Software exceeds the purchased amount, Devaten will invoice you for any underpayment of fees. Additionally, you authorize Devaten to electronically access and audit your use of the Software and compliance with this Agreement through your computer systems and network.

14. PRODUCT ADDENDA

If you are purchasing specific Software products listed in the addendum to this Agreement, which can be found at https://app.Devaten.com/, the addendum will complement this Agreement and take precedence over any conflicting terms stated in this Agreement.