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<br />Zoom Master Subscription Agreement 2021 v.4.1 Page 6 of 12
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<br />APPLICABLE LAW, THE SCOPE AND DURATION OF SUCH WARRANTY SHALL BE LIMITED TO THE
<br />FULLEST EXTENT PERMITTED BY LAW.
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<br />15. Reserved.
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<br />16. Limitation on Liability.
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<br />16.1 EXCLUSIONS. TO THE MAXIMUM EXTENT PERMITTED UNDER NORTH CAROLINA LAW ZOOM SHALL
<br />NOT BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR (a) THE COST OF PROCUREMENT OF
<br />SUBSTITUTE GOODS OR SERVICES; (c) ANY MALFUNCTION OR CESSATION OF INTERNET SERVICES BY
<br />INTERNET SERVICE PROVIDERS OR OF ANY OF THE NETWORKS THAT FORM THE INTERNET WHICH
<br />MAY AFFECT THE OPERATION OF THE SERVICES.
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<br />16.2 NO INDIRECT DAMAGES. TO THE MAXIMUM EXTENT PERMITTED UNDER NORTH CAROLINA LAW, IN
<br />NO EVENT SHALL EITHER PARTY OR ITS LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL,
<br />SPECIAL OR CONSEQUENTIAL DAMAGES OR DAMAGES FOR LOSS OF REVENUES OR PROFITS, LOSS OF
<br />USE, BUSINESS INTERRUPTION, LOSS OF DATA, BREACH OF DATA, OR THE COST OF SUBSTITUTE
<br />PRODUCTS OR SERVICES, WHETHER IN AN ACTION IN CONTRACT OR TORT, EVEN IF THE OTHER PARTY
<br />HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EACH PARTY AGREES TO TAKE
<br />REASONABLE ACTION TO MITIGATE ITS DAMAGES.
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<br />16.3 AGGREGATE LIABILITY CAP. TO THE MAXIMUM EXTENT PERMITTED UNDER NORTH CAROLINA
<br />LAW, IN NO EVENT SHALL ZOOM’S LIABILITY FOR ANY DAMAGES EXCEED AN AMOUNT EQUAL TO
<br />THE TOTAL CHARGES PAID TO ZOOM UNDER THIS AGREEMENT IN THE PRIOR TWELVE (12) MONTHS
<br />PRECEDING THE INCIDENT GIVING RISE TO THE CLAIM. THIS LIMITATION APPLIES TO ALL CAUSES OF
<br />ACTION IN THE AGGREGATE, INCLUDING, WITHOUT LIMITATION, BREACH OF CONTRACT,
<br />MISREPRESENTATIONS, NEGLIGENCE, STRICT LIABILITY AND OTHER TORTS. THESE LIMITATIONS
<br />SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY.
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<br />17. Force Majeure. Neither party hereto will be liable for defaults or delays (other than the non-payment of Charges) due to
<br />Acts of God, or the public enemy, acts or demands of any government or governmental agency, fires, floods, accidents, or
<br />other unforeseeable causes beyond its control and not due to its fault or negligence.
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<br />18. Reserved.
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<br />19. Miscellaneous.
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<br />19.1 Export Restrictions. Customer acknowledges that the Services, or a portion thereof, may be subject to the export
<br />control laws of the United States and other applicable country export control and trade sanctions laws (“Export
<br />Control and Sanctions Laws”). Customer and its End Users may not access, use, export, re-export, divert, transfer or
<br />disclose any portion of the Services or any related technical information or materials, directly or indirectly, in
<br />violation of any applicable export control or trade sanctions law or regulation. Customer represents and warrants
<br />that (i) Customer and its End Users are not citizens of, or located within, a country or territory that is subject to U.S.
<br />trade sanctions or other significant trade restrictions (including without limitation Cuba, Iran, North Korea, Syria,
<br />and the Crimea) and that Customer and its End Users will not access or use the Services, or export, re-export, divert,
<br />or transfer the Services, in or to such countries or territories; (ii) Customer and its End Users are not identified on
<br />any U.S. government restricted party lists (including without limitation the U.S. Treasury Department’s List of
<br />Specially Designated Nationals and Blocked Persons and Foreign Sanctions Evaders List, the U.S. Department of
<br />Commerce’s Denied Parties List, Entity List, and Unverified List, and the U.S. Department of State proliferation-
<br />related lists); and (iii) that no Customer Content created or submitted by Customer or its End Users is subject to any
<br />restriction on disclosure, transfer, download, export or re-export under the Export Control Laws. Customer is solely
<br />responsible for complying with the Export Control Laws and monitoring them for any modifications.
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<br /> 19.2 Incorporation of Zoom Statements, Standards, and Guides. Customer acknowledges and agrees that the Zoom
<br />statements, standards, and guides disclosed at https://zoom.us/privacy, https://zoom.us/docs/en-us/community-
<br />standards.html, and https://zoom.us/docs/en-us/government-requests-guide.html are incorporated herein by reference,
<br />and Customer agrees to and that it has read such statements, standards, and guides and shall comply (where applicable)
<br />with any and all obligations of Customer as set forth therein. Zoom reserves the right to update these policies from
<br />time to time, and will provide commercially reasonable notice of such updates. If there is a conflict between the terms
<br />of the referenced statements, standards, and guides and the terms of this Agreement, the terms of this Agreement will
<br />DocuSign Envelope ID: 83369A7E-4381-4C9E-B101-62DC68D3016EDocuSign Envelope ID: 3DC07F02-3450-4740-BCCD-82885AE87868
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