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<br />A‐0000000464
<br />CONFIDENTIAL 12 Rev . 03/31/2020
<br />9.2 Acceptance of Privacy Policy. All data and information provided by Subscriber through its use of the
<br />Service is subject to DSI’s privacy policy, as amended from tim e‐to‐time, which can be viewed by clicking the “Privacy”
<br />hypertext link located within the Service. By using the Service, Subscriber accepts and agrees to be bound and abide
<br />by such privacy policy.
<br />9.3 Governing Law. This Agreement and any dispute arising out of or in connection with this Agreement
<br />shall be governed by and construed under the laws of the State of North Carolina, without regard to the principles of
<br />conflict of laws. Each of DSI and Subscriber hereby waives any right to jury trial in connection with any action or
<br />litigation in any way arising out of or related to this Agreement.
<br />9.4 Relationship of the Parties. DSI is performing pursuant to this Agreement only as an independent
<br />contractor. DSI has the sole obligation to supervise, manage, contract, direct, procure, perform or cause to be
<br />performed its obligations set forth in this Agreement, except as otherwise agreed upon by the parties. Nothing set
<br />forth in this Agreement shall be construed to create the relationship of principal and agent between DSI and
<br />Subscriber. DSI shall not act or attempt to act or represent itself, directly or by implication, as an agent of Subscriber
<br />or its affiliates or in any manner assume or create, or attempt to assume or create, any obligation on behalf of, or in
<br />the name of, Subscriber or its affiliates.
<br />9.5 Waiver. No failure or delay by either party in enforcing any of its rights under this Agreement shall be
<br />construed as a waiver of the right to subsequently enforce any of its rights, whether relating to the same or a
<br />subsequent matter.
<br />9.6 Assignment. Subscriber shall have no right to transfer, assign or sublicense this Agreement or any of
<br />its rights, interests or obligations under this Agreement to any Third Party and any attempt to do so shall be null and
<br />void. DSI shall have the full ability to transfer, assign or sublicense this Agreement or any of its rights, interests or
<br />obligations under this Agreement.
<br />9.7 Force Majeure. Subject to the limitations set forth below, neither party shall be held responsible for
<br />any delay or default, including any damages arising therefrom, due to any act of God, act of governmental entity or
<br />military authority, explosion, epidemic casualty, flood, riot or civil disturbance, war, sabotage, unavailability of or
<br />interruption or delay in telecommunications or Third Party services, failure of Third Party software, insurrections, any
<br />general slowdown or inoperability of the Internet (whether from a virus or other cause), or any other similar event
<br />that is beyond the reasonable control of such party (each, a “Force Majeure Event”). The occurrence of a Force
<br />Majeure Event shall not excuse the performance by a party unless that party promptly notifies the other party of the
<br />Force Majeure Event and promptly uses its best efforts to provide substitute performance or otherwise mitigate the
<br />force majeure condition.
<br />9.8 Notices. Except as otherwise specified in this Agreement, all notices, instructions, requests,
<br />authorizations, consents, demands and other communications hereunder shall be in writing and shall be delivered by
<br />one of the following means, with notice deemed given as indicated in parentheses: (a) by personal delivery (when
<br />actually delivered); (b) by overnight courier (upon written verification of receipt); (c) by certified or registered mail,
<br />return receipt requested (upon verification of receipt); or (d) solely with respect to notices to Subscriber, via electronic
<br />mail to the e‐mail address maintained on Subscriber’s Account. All notices to DSI shall be addressed to
<br />notice@dudesolutions.com or Dude Solutions, Inc., Attn: Legal Department, 11000 Regency Parkway, Suite 400, Cary
<br />NC 27518
<br />9.9 Interpretation of Agreement. The Section headings contained in this Agreement are solely for the
<br />purpose of reference, are not part of the agreement of the parties, and shall not affect in any way the meaning or
<br />DocuSign Envelope ID: DD188A2F-0774-457E-8F8D-BA0FB2CABB8E
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