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DocuSign Envelope ID:90A54439-23B9-40AF-8246-BFCAAEAA529D
<br /> (c) Effect of Expiration or Termination. Upon expiration or earlier termination of this TOS,
<br /> Customer shall immediately discontinue use of the Services and Submittable IP and Customer
<br /> shall delete, destroy, or return all copies of Submittable IP and certify in writing to Submittable
<br /> that Submittable IP has been deleted or destroyed. No expiration or termination will affect
<br /> Customer's obligation to pay all Fees that may have become due before such expiration or
<br /> termination, or entitle Customer to any refund. Unless Customer terminates for Submittable's
<br /> material breach, all Fees that would have become payable had the TOS remained in effect until
<br /> expiration of the Term will become immediately due and payable, and Customer shall immediately
<br /> pay such Fees, together with all previously-accrued but not yet paid Fees. For thirty (30) days
<br /> following any termination of this TOS or upon Customer's request, at no additional cost to
<br /> Customer, Submittable shall allow Customer or a third-party nominated by Customer to download
<br /> any Customer Data, unless applicable Law requires otherwise.
<br /> (d) Survival. The Sections dealing with Confidential Information, intellectual property, and
<br /> any right or obligation of the Parties in this TOS which, by its express terms, nature, or context is
<br /> intended to survive termination or expiration of this TOS, shall continue indefinitely and shall
<br /> survive any termination or expiration of this TOS.
<br /> 15. U.S. Government Rights. Customer may not remove or export from the United States or allow
<br /> the export or re-export of the Services or anything related to the Services, or any direct product of the
<br /> Services in violation of any restrictions, laws, or regulations of the United States Department of
<br /> Commerce, the United States Department of Treasury Office of Foreign Assets Control, or any other
<br /> United States or foreign agency or authority. As defined in FAR section 2.101, the software and
<br /> documentation installed by Submittable on Customer systems (if applicable) are "commercial items" and
<br /> according to DFAR section 252.227 7014(a)(1) and (5) are deemed to be "commercial computer software"
<br /> and"commercial computer software documentation." Consistent with DFAR section 227.7202 and FAR
<br /> section 12.212, any use, modification, reproduction, release, performance, display, or disclosure of such
<br /> commercial software or commercial software documentation by the U.S. Government will be governed
<br /> solely by the terms of this TOS and will be prohibited except to the extent expressly permitted by the
<br /> terms of this TOS.
<br /> 16. Changes to this TOS. Any changes to this TOS regarding: (i) a material decrease in Customer's
<br /> rights or Submittable's obligations relating to pricing, functionality, or availability of the Services under
<br /> this TOS; (ii) a material increase in the Customer's obligations or Submittable's rights relating to pricing,
<br /> functionality, or availability of the Services under this TOS; or (iii) the Data Processing Addendum must
<br /> be mutually agreed in writing by Submittable and Customer. Subject to the foregoing, Submittable may
<br /> unilaterally change this TOS from time to time by posting an updated TOS to
<br /> [https://www.submittable.com/terms]. The revised terms and conditions will become effective thirty (30)
<br /> days after Submittable posts such changes, and if Customer uses or accesses the Services after the
<br /> posting date, Customer's access or use will constitute acceptance of the revised terms and conditions.
<br /> 17. Conflicts. In the case of conflict or ambiguity between any provision contained in the body of this
<br /> TOS and any provision contained in the "Special Terms" section of the Order Form, the provision in the
<br /> body of the "Special Terms" section of the Order Form will prevail.
<br /> 18. Miscellaneous.
<br /> (a) Entire Agreement. This TOS, together with any other documents incorporated by reference
<br /> and all related Exhibits, constitutes the sole and entire agreement of the Parties with respect to
<br /> the subject matter of this TOS and supersedes all prior and contemporaneous understandings,
<br /> agreements, and representations and warranties, both written and oral, with respect to such
<br /> subject matter.
<br /> (b) Notices. All notices, requests, consents, claims, demands, waivers, and other
<br /> communications must be in writing and addressed to the Parties at the addresses that may be
<br /> designated by the Party giving notice from time to time in accordance with this Section. All notices
<br /> must be delivered by personal delivery, nationally recognized overnight courier (with all fees pre-
<br /> Submittable Customer Terms of Service v1.1 Page 11 of 13
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