We may collect various types of information from you, including but not limited to:

1.1.Subject to compliance with the terms of this Agreement and, where applicable, the payment of the relevant fees for the License, Autom Mate grants you a limited, non-exclusive, non-transferable, non-sub-licensable and revocable right to access and use the License and install, copy and use the Autom Mate Properties (defined below), solely in accordance with the terms and conditions of this Agreement and solely for the duration of your subscription to the License (“Subscription Term”). Autom Mate makes available a trial version of the License for limited time.(Demo License), a paid-for on-premise license on a yearly subscription model (“Platform On Prem License Model-Yearly”) , a paid for SAAS license either on a yearly subscription model (“Cloud Edition-Yearly”) or on a monthly subscription model (“Cloud Edition- Monthly”).

2.1. Autom Mate may also make available to you, for your installation, copying and/or use solely in connection with the License, from time to time, a variety of software, data, other content and printed and electronic documentation (all such materials, (hereinafter referred to as the “Autom Mate Properties”).

2.2. Any Autom Mate Properties that are downloaded and/or integrated into any of your materials must be maintained with any identifying information indicating that such materials originated with Autom Mate.

3.1. You may write and/or use software or web sites (“Applications”) that interface with the License. You acknowledge that Autom Mate may change, deprecate or republish Proprietary application programming interfaces (APIs) for the License or feature of the License from time to time, and that it is your responsibility to ensure that calls you make to the License are compatible with then-current APIs for the License. You further acknowledge that Autom Mate may change or remove features or functionality of the Autom Mate at any time. If any such change or removal of a feature materially adversely affects the functionality of the License you have subscribed to, you may cancel your subscription to that element of the License by giving Autom Mate 30 days’ notice in writing and we will refund you for any unused Subscription Time .

3.2.You may make network calls or requests to the License at any time that the License is available, provided that such calls and requests are not in violation of the Autom Mate Acceptable Use Policy (“AUP”). for the license which is incorporated herein.

4.1. You agree that, except as expressly permitted herein or by applicable law, you will not:

        4.1.1. interfere or attempt to interfere in any manner with the functionality or proper working of the License or the Autom Mate Properties or hack, attempt to hack or break or attempt to breach                        any security mechanism(s);
         4.1.2 compile or use the Autom Mate Properties or the License or any other information obtained through the License for the purpose of direct marketing, spamming, unsolicited contacting of      users of the License, or other impermissible advertising, marketing or other activities, including, without limitation, any activities that violate anti-spamming laws and regulations;
         4.1.3  remove, obscure, or alter any notice of any intellectual property or proprietary right designation appearing on or contained within the License or on any Autom Mate Properties;
         4.1.4 modify, alter, tamper with, repair, or otherwise create derivative works of any software included in or accessed via the License or any of the Autom Mate Properties;
         4.1.5 reverse engineer, disassemble, or decompile the underlying software of the License or any Autom Mate Properties or apply any other process or procedure to derive the source code of any software included in or accessed via any of the License or the Autom Mate Properties;
         4.1.6 allow access to the Licenses or the Autom Mate Properties to third parties. However, you may choose to offer access to and use of the Licenses and Autom Mate Properties to your affiliates (meaning any entity that directly or indirectly controls, is controlled by, or is under common control with you) (“Permitted Access”) provided that where you offer such Permitted Access (a) you shall ensure that all such use and access complies with this Agreement; (b) you shall remain the contracting party with us and you shall be responsible for the payment of all applicable fees; (c) you shall retain full responsibility for all acts and omissions of your affiliates in relation to such access to and use of the License and you shall be liable for all acts and omissions of your affiliates as if they were your own acts or omissions. All passwords and other access details provided by us to you are confidential and you shall ensure that all those with Permitted Access are aware of the confidential nature of such details;
         4.1.7 use or access the License to create products or services which compete with the License or underlying software;
         4.1.8 knowingly upload a virus or other harmful code to the License or use the License in a manner that violates applicable data protection and privacy laws and regulations;
         4.1.9 to license, sell, rent, lease, transfer, assign, distribute, display, disclose, or otherwise commercially exploit, or otherwise make the License or underlying software available to any third party except those with Permitted Access;
         4.1.10 disclose the results of any License or program benchmark tests to any third parties without Autom Mate’s prior written consent;
4.1.11 employ any measure intended to circumvent limitations to purchased License limitations; or (i) use automated means, such as bots or crawlers, to access any Autom Mate Properties or extract information therefrom (except such means as are expressly approved in advance in writing by Autom Mate) or from the Autom Mate website;
         4.1.12 use the License and the underlying software in any manner which will or may breach any laws, rules, regulations and/or codes which are legally binding and which are applicable to the use of the License (and underlying software); and
         4.1.13 use the License in any manner or for a purpose not permitted by applicable export laws, regulations or sanctions; nor export or re-export the License to any country, region, organization or individual that is named as a restricted area or person on any applicable export laws, regulations or sanctions.

5.1. You agree that Autom Mate may review your use of the License and utilization of your flows from time to time for the purpose of verifying your compliance with this Agreement.

6.1 Autom Mate shall use all reasonable efforts to maintain availability of the License at all times but from time to time your access to and use of the License may be (i) suspended for the duration of any unanticipated or unscheduled downtime or unavailability of any portion or all of the License as a result of power outages, system failures or other reasons beyond our reasonable control; and (ii) Autom Mate shall also be entitled to suspend access to any portion or all of the License at any time, on a service-wide basis: (a) for scheduled downtime to permit Autom Mate to conduct maintenance or make modifications to the License; (b) in the event of a denial of service attack or other attack on the License or other event that Autom Mate determines, in Autom Mate’s reasonable discretion, may create a risk to the License, to you or to any of Autom Mate’s other customers if the License were not suspended; or (c) in the event that Autom Mate determines that the License is prohibited by law or Autom Mate otherwise determines that it is necessary or prudent to do so for legal or regulatory reasons (collectively, “License Suspensions”). To the extent Autom Mate is able, Autom Mate will endeavor to provide you notice of any License Suspension in accordance with the notice provisions set forth in Section 17 below and to post updates on the www.AutomMate.com website regarding resumption of the License following any such suspension.

7.1. In order to activate your Trial License or Paid Model account you must request it on our website. In the case of a Paid Model account, once you have registered your details and activated your account, Autom Mate will charge you fees based on your used Flow amount. For Cloud Accounts, you must purchase flows in advance that allow you a certain quantity of usage depending on the amount paid.

7.2. Autom Mate may change the price for the Flow License Credits, by giving you 180 days’ advance notice.. Autom Mate prices exclude applicable taxes unless identified as tax inclusive. If any amounts are to be paid to Autom Mate, you will also pay any applicable value added taxes, goods and services taxes, sales, gross receipts, or other transaction taxes, fees, charges, or surcharges, or any regulatory cost recovery surcharges or similar amounts that are owed under this Agreement and that Autom Mate is permitted to collect from you. Non-payment by the due date may result in Autom Mate charging interest at 1.5% per month and/or suspension of the License.

8.1. Unless otherwise agreed in writing, you agree to pay all undisputed invoices within 30 days of the date of invoice. All amounts payable under this Agreement must be made without setoff or counterclaim and without deduction or withholding. If any deduction or withholding is required by applicable law, you must notify Autom Mate and provide Autom Mate with documentation that the withholding and deducted amounts have been paid to the relevant taxing authority.

9.1. The following definitions are used in this Section 9:
        9.1.1. CCPA means the California Consumer Privacy Act of 2018, Cal. Civ. Code §§ 1798.100 et. Seq.
        9.1.2. Data Controller, Data Processor, Data Subject, Personal Data, Data Breach, Processing, Processed and Process and appropriate technical and organizational measures shall have the meaning as defined in the Data Protection Legislation.
        9.1.3. Data Protection Legislation means any and all applicable privacy and data protection laws and regulations, including, where applicable, the EU Data Protection Law, Swiss Data Protection Laws, the UK Data Protection Law and the CCPA, as all may be amended or superseded from time to time.
        9.1.4. EU Data Protection Law” means the (i) EU General Data Protection Regulation (Regulation 2016/679) (“GDPR”); (ii) Regulation 2018/1725; (iii) the EU e-Privacy Directive (Directive 2002/58/EC), as amended (e-Privacy Law); (iv) any national data protection laws made under, pursuant to, replacing or succeeding (i) – (iii); and (iv) any legislation replacing or updating any of the foregoing.
       9.1.5. Swiss Data Protection Laws” or “FADP” means the Swiss Federal Act on Data Protection of June 19, 1992, SR 235.1, and any other applicable data protection or privacy laws of the Swiss Autom Mate Public Document Confederation as amended, revised, consolidated, re-enacted or replaced from time to time, to the extent applicable to the processing of Personal Data under this Agreement.
       9.1.6. UK Data Protection Laws” means the Data Protection Act 2018 (DPA 2018), as amended, and the EU General Data Protection Regulation (EU) 2016/679 on the protection of natural persons with regard to the processing of personal data and the free movement of such data, as incorporated into UK law as the UK GDPR, and any other applicable UK data protection laws, or regulatory Codes of Conduct or other guidance that may be issued from time to time
9.2. Autom Mate takes privacy extremely seriously. Autom Mate will comply with the terms of its privacy policy available at https://www.autommate.com/privacy-policy/.
9.3. Each of the parties agrees to comply with all applicable requirements of any relevant Data Protection Legislation and the provisions of the Data Processing Addendum (“DPA”), if applicable, available at https://www.autommate.com/privacy-policy/ which shall be incorporated by reference herein and is subject to all of the terms and conditions of this Agreement. This is in addition to, and does not relieve, remove or replace, either party’s obligations under the Data Protection Legislation.
9.4. You warrant to Autom Mate that you have taken all steps that are required to enable Autom Mate to process your Personal Data in compliance with all Data Protection Laws and any other applicable laws, enactments, regulations, orders, standards and other similar instruments, including without limitation that you have in place the necessary notices and consents from Data Subjects for you to lawfully transfer their Personal Data to us, or have another appropriate legal basis in place to enable lawful transfer of the Personal Data to us and for us to process, use and transfer such personal data in connection with the provision of the License.
9.5. “Confidential Information” of a party means such party’s (or its affiliate’s): inventions, discoveries, improvements, and copyrightable material not yet patented, published, or copyrighted; special processes and methods, whether for production purposes or otherwise, and special apparatus and equipment not generally available or known to the public; current engineering research, development, design projects, research and development data, technical specifications, plans, drawings and sketches; business information such as product costs, vendor and customer lists, lists of approved components and sources, price lists, production schedules, business plans, and sales and profit or loss information not yet announced or not disclosed in any other way to the public; and any other information or knowledge not generally available to the public. All business terms of this Agreement, including, but not limited to, pricing and access/login details, details of the License, Autom Mate Properties, Customer Content (defined below in Section 10.2) and your data shall be considered Confidential Information hereunder.
9.6. Each party shall keep in confidence all Confidential Information of the other party obtained prior to or during this Agreement and shall protect the confidentiality of such information in a manner consistent with the manner in which such party treats its own confidential material, but in no event with less than reasonable care. Without the prior written consent of the other party, a party shall not disclose or make available any portion of the other party’s Confidential Information to any person, firm, association, or corporation, or use such Confidential Information, directly or indirectly, except for the performance of this Agreement. The foregoing restrictions shall not apply to Confidential Information that:
        9.6.1. was known to such party (as evidenced by its written record) or was in the public domain prior to the time obtained by such party;
        9.6.2. was lawfully disclosed to such party by a third party who did not receive it directly or indirectly from such party and who is under no obligation of secrecy with respect to the Confidential Information;
        9.6.3. became generally available to the public, by publication or otherwise, through no fault of such party; or
        9.6.4. was developed independently by the receiving party as evidenced by written records without reference to the Confidential Information of the other party.
9.7. The parties shall take all necessary and appropriate steps in order to ensure that its employees and subcontractors adhere to the provisions of this Section 9. All Confidential Information shall be returned to the disclosing party or destroyed upon receipt by the receiving party of a written request from the disclosing party. The receiving party may disclose the disclosing party’s Confidential Information to the extent required by law or legal process, provided, however, the receiving party will (unless prohibited by law or legal process): (a) give the disclosing party prior written notice of such disclosure to afford the disclosing party a reasonable opportunity to appear, object, and obtain a protective order or other appropriate relief regarding such disclosure; (b) use diligent efforts to limit disclosure to that which is legally required; and (c) reasonably cooperate with the disclosing party, at the disclosing party’s expense, in its efforts to obtain a protective order or other legally available means of protection.

10.1.Autom Mate shall provide the License to you with reasonable skill and care in a professional manner. Autom Mate shall provide product related 8×5 technical support to you.
10.2.The availability of the License may be affected (and Autom Mate shall not be liable in such cases unless directly caused by Autom Mate) by hardware or telecommunications failures; the effects of the failure or interruption of the License by third parties; delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including without limitation the internet, other factors outside our reasonable control; your actions or omissions (including without limitation, breach of your obligations set out in this Agreement) or those of any third parties (including but not limited to breaks in the continuity of the electricity supply or of the telecommunications linked to our server); and interruptions to the License resulting from any request by you.
10.3.If the License is unavailable or defective in any way then to the extent that such defect or unavailability is caused by a breach of this Agreement by Autom Mate, Autom Mate will at its expense, use reasonable endeavors to correct any such unavailability or defect promptly. Such correction is your sole and exclusive remedy for i) the unavailability of the Licenses and ii) any breach of Section 10.1 above.
10.4.Autom Mate warrants that it possesses all necessary authority and permissions to the License and Autom Mate Properties to grant the licenses to you as set out herein.
10.5.Each party warrants that: (a) it is duly organized and validly existing and authorized to do business in the jurisdictions where it operates; and (b) it has the requisite power and authority to enter into this Agreement and entering and complying with its obligations under this Agreement does not violate any legal obligation by which such party is bound.

11.1.All rights in the License and Autom Mate Properties not expressly granted under this Agreement are reserved to Autom Mate. You do not, by virtue of this Agreement or otherwise, acquire any ownership interest or rights in the License, the Autom Mate Properties, the trademarks, service marks, service or trade names, logos, and other designations of Autom Mate, or other technology and software (including third party technology and software), except for the limited use and access rights described in this Agreement.
11.2.Other than the rights and interests expressly set forth in this Agreement, and excluding Autom Mate Properties and works derived from Autom Mate Properties, you reserve all right, title and interest (including all intellectual property and proprietary rights) in and to content and data you may send to Autom Mate or the License (“Customer Content”).
11.3.You agree to grant Autom Mate a royalty-free, worldwide, transferable, sub-licensable, irrevocable, perpetual license to use or incorporate into the License or Autom Mate Properties any suggestions, enhancement requests, recommendations or other feedback provided by you relating to the operation of the License provided such information does not include any Customer Content, your Confidential Information or your personally identifiable data.
11.4.During and after the term of the Agreement, with respect to the License, you will not assert, nor will you authorize, assist, or encourage any third party to assert, against Autom Mate or any of Autom Mate’s customers, end users, business partners, licensors, sublicensees or transferees, any patent infringement or other intellectual property infringement claim with respect to the License or Autom Mate Properties.
11.5.Save as expressly provided for in this Agreement, all warranties or conditions of any kind (including, but not limited to, the License will be uninterrupted or error-free; the implied warranties or conditions of merchantability, satisfactory quality and fitness for a particular purpose) are excluded to the maximum extent permitted by applicable law.
11.6.the License is not bespoke or tailored to you and Autom Mate does not warrant that the License will meet your requirements. Autom Mate offers no refund when you purchase the License and then decide that they are not suitable for your requirements or are not required for any reason. Autom Mate offers a Trial Demo which allows you to evaluate the License – Autom Mate recommends you use the online demo prior to purchasing the full license.
11.7.In addition to the foregoing, Autom Mate specifically disclaims all liability, and you are solely responsible for the development, operation, maintenance and use of your applications and for all materials that appear on or within your applications.
11.8.The www.AutomMate.com website and/or the License may contain links to websites that are not under Autom Mate’s control (“Third Party Sites”). Autom Mate is not responsible for the contents or functionality of any Third Party Sites or their terms and conditions for use or any website that can be accessed via links on any Third Party Site.
Autom Mate provides these links to you as a convenience and the inclusion of any such links does not constitute or imply Autom Mate’s endorsement or validation of any Third Party Site.

12.1. Nothing in this Agreement shall limit or exclude either party’s liability for:
          12.1.1. death or personal injury caused by negligence;
          12.1.2. fraud or willful or fraudulent misrepresentation; or
          12.1.3. any other liability which cannot be limited or excluded by applicable law.
12.2.Subject to Section 12.1, neither party shall be liable to the other party, whether in contract, tort (including without limitation negligence), strict liability or other theory for breach of statutory duty, or otherwise, arising under or in connection with this Agreement for loss of profits; loss of sales or business, business opportunity or goodwill; loss, inaccuracy, corruption or recovery/restoration of data or information; loss of agreements or contracts; loss of anticipated savings; loss of or damage to goodwill; loss of use or corruption of software; cost of procurement of substitute goods, services, or technology or any indirect, special, consequential, incidental, or exemplary loss or punitive damages, whether foreseeable or not.
12.3.Subject to Sections 12.1 and 12.2 above, each party’s maximum liability to the other party per claim or series of connected claims under or in connection with the License, Autom Mate Properties and this Agreement generally whether in contract, tort (including without limitation negligence), for breach of statutory duty, or otherwise, arising under or in connection with this Agreement shall be limited to the greater of (a) 125% of the price paid by you for flows or under the Monthly Paid Model in the 12 months’ period preceding the date of the incident(s) giving rise to the relevant claim and (b) US$50,000 (fifty thousand Dollars). Subject to Sections 12.1 and 12.2, in respect of the Trial License, our maximum liability to you in aggregate is limited to US$10.
12.4.EACH PARTY FURTHER AGREES THAT THE EXCLUSIONS AND LIMITATIONS OF LIABILITY ABOVE ARE FAIR AND REASONABLE IN THE CIRCUMSTANCES AND WILL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT AND WILL APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

13.1. Autom Mate shall defend you against any claim, demand, suit, or proceeding (“Claim”) made or brought against you by a third party alleging that the use of the Autom Mate Platform (Cloud Edition or On-Prem Licenses) or the Autom Mate Properties as permitted hereunder infringes or misappropriates the intellectual property rights of a third party, and shall indemnify you for any damages finally awarded against, and for reasonable attorney’s fees incurred by, you in connection with any such Claim; provided, that you (a) promptly give Autom Mate written notice of the Claim; (b) give Autom Mate sole control of the defense and settlement of the Claim (provided that Autom Mate may not settle any Claim if the settlement requires an admission of liability by you, unless approved in writing by you); and (c) provide to Autom Mate all reasonable assistance, at Autom Mate’s expense.
13.2.The foregoing indemnification obligations do not apply if (a) the allegation does not state with specificity that the License is the basis of the Claim; (b) a Claim against you arises from the use or combination of the License or any part thereof with software, hardware, data, or processes not provided by Autom Mate, if the License or use thereof would not infringe without such combination; or (c) a claim against you arises from your breach of this Agreement.
13.3.You shall defend Autom Mate against any Claim made or brought against Autom Mate by a third party alleging that the Customer Content, or your use of the License or the Autom Mate Properties in violation of this Agreement, infringes or misappropriates the intellectual property rights of a third party or violates applicable law, and shall indemnify Autom Mate for any damages finally awarded against, and for reasonable attorney’s fees incurred by, Autom Mate in connection with any such Claim; provided, that Autom Mate (a) promptly gives you written notice of the Claim; (b) gives you sole control of the defense and settlement of the Claim (provided that you may not settle any Claim if the settlement requires an admission of liability by Autom Mate, unless approved in writing by Autom Mate); and (c) provides to you all reasonable assistance, at your expense.
13.4.This Section 13 states the indemnifying party’s sole liability to, and the indemnified party’s exclusive remedy against, the other party for any type of Claim described in this Section 13.

14.1.This Agreement shall commence as soon as you (or your appointed reseller) activate your account to the License. The Agreement remains in effect until (i) it is terminated by mutual agreement of the parties in writing or (ii) terminated in accordance with this Section 14.
14.2.You may terminate this Agreement at any time for any reason or no reason at all, at your convenience, by providing Autom Mate 30 days’ written notice of termination in accordance with Section 17. If you terminate under this Section 14.2, any unused flows will lapse and not be refunded .
14.3.Autom Mate may terminate this Agreement (and, accordingly, cease providing the License to you), for any reason or for no reason at all at any time by providing you 180 days’ advance notice in accordance with the notice provisions set forth in Section 17 below. If Autom Mate exercises its right to terminate under this Section 14.3, any unused flows remaining at the end of the 180 days’ notice will be refunded.
14.4.Without affecting any other right or remedy available to it, either party may terminate this Agreement with immediate effect by giving written notice to the other party if:
          14.4.1. the other party is in breach of a material term and has failed to remedy the breach within 30 days of receipt of a notice specifying the breach and requiring it to be remedied; or
          14.4.2. there is an order or a resolution for the liquidation, administration, dissolution or winding-up of the other party (except where such winding up is for the purpose of solvent amalgamation or reconstruction) or has an administrator or other receiver, manager, trustee, liquidator or similar officer appointed overall or any substantial part of its assets, or enters into or proposes any composition or arrangement with the other party’s creditors generally or is subject to any analogous event or proceedings in any applicable jurisdiction.
14.5.If you terminate for Autom Mate’s unremedied breach under Section 14.4.1, any unused flows remaining will be refunded. If Autom Mate terminates under Section 14.4.1 for your unremedied breach, any unused flows will lapse and not be refunded and any payments committed by you which have not been paid shall become payable immediately.
14.6.Without affecting any other right or remedy available to Autom Mate, Autom Mate may suspend this Agreement and your access to the License with immediate effect by giving written notice to you if any payment due from you has not been paid by the due date and remains in default for more than 14 days after being notified in writing to make such payment or if you breach any of the license restrictions in Section 4. If you still do not make payment or remedy the breach of Section 4 within the 10 days thereafter, Autom Mate may terminate this Agreement by giving written notice to you. If Autom Mate terminates under this Section 14.6, any unused flows will lapse and not be refunded, and any payments committed by you which have not been paid shall become due and payable immediately.
14.7.Upon Autom Mate’s suspension of your use of the License, in whole or in part, for non-payment by you, (i) flows will continue to be consumed for those parts of the License not suspended by Autom Mate if it is still in use by you, notwithstanding the suspension; (ii) you remain liable for all fees, charges and any other obligations you have incurred through the date of suspension with respect to the License; and (iii) all of your rights with respect to the License shall be frozen during the period of the suspension.
14.8.In the event this Agreement is terminated for any reason, the confidentiality obligations of Section 9 will survive any such termination.
14.9.Upon termination or expiry of this Agreement, Autom Mate will delete Customer Content and data in line with the details set out in the DPA.

15.1.Each party shall, in connection with the provision of the License and the Autom Mate Properties and your use of the same, comply with all applicable import, export and re-export control laws and regulations of any country, including the country-specific economic sanctions programs or embargoes adopted against countries or individuals under any applicable national or international legislation.

16.1.This Agreement shall be construed and governed by the laws of the State or country as set out in the table below and subject to the exclusive venue stated therein, without regard to principles of conflicts of laws. The parties waive any right to a trial by jury, if applicable. Each party recognizes that the unauthorized disclosure of Confidential Information, may cause irreparable harm to the other party for which monetary damages may be insufficient, and in the event of such disclosure, such other party shall be entitled to seek an injunction, temporary restraining order, or other provisional remedy as appropriate without being required to post bond or other security.

17.1.Except as otherwise set forth herein, notices given by Autom Mate to you under this Agreement that affect Autom Mate customers generally (e.g., notices of an amended Agreement, AUP, etc.) will be posted on the www.AutomMate.com website. Notices made by Autom Mate under this Agreement specific to you (e.g. notices of breach and/or suspension) will be provided to you via the email address you provided to Autom Mate. It is your responsibility to keep the email address current and you will be deemed to have received any email sent to any such email address, upon Autom Mate’s sending of the email.
17.2.For notices to Autom Mate under this Agreement and for questions regarding this Agreement or the License, you may contact Autom Mate as follows:
By submitting a request in the License and assigning this request to Autom Mate or the reseller that supports you for the License.
By sending an email to support@AutomMate.com
By sending a letter to:
Autom Mate (a division of IT HERO A.Ş.), located at Kucukbakkalkoy Mah. Selvili Sok. No:4 101-102 Canan Business Atasehir Istanbul / TURKIYE
17.3.All communications and notices to be made or given pursuant to this Agreement shall be in the English language. If Autom Mate provides a translation of any materials provided hereunder, the English language version of the Agreement will control if there is any conflict.

18.1.Autom Mate may modify this Agreement, the DPA or any policy or other terms referenced in this Agreement (collectively, “Additional Policies”) at any time by posting a revised version of the Agreement, DPA or such Additional Policy on the www.AutomMate.com website. In addition to this, you will be notified in accordance with Section 17. By continuing to use or receive the License after the effective date of any revisions to this Agreement, the DPA or any Additional Policies, you agree to be bound by the revised Agreement, DPA or any revised Additional Policies.
18.2.If any portion of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, the remaining portions of this Agreement will remain in full force and effect, and any invalid or unenforceable portions shall be construed in a manner that most closely reflects the effect and intent of the original language. If such construction is not possible, the provision will be severed from this Agreement, and the rest of the Agreement shall remain in full force and effect.
18.3.The failure by either party to enforce any provision of this Agreement shall in no way be construed to be a present or future waiver of such provision nor in any way affect that party’s right to enforce such provision thereafter. All waivers must be in writing to be effective.
18.4.This Agreement will be binding upon and inure to the benefit of the parties and their respective successors and assigns. Either party hereto may assign this Agreement to a successor-in-interest pursuant to an
acquisition of such party (whether by merger, stock sale, or asset sale) without the other party’s consent, provided however that (a) your assignment hereof shall be effective only after fourteen (14) days’ written notice to Autom Mate, and (b) you may not assign this agreement to any competitor of Autom Mate without Autom Mate’s express written consent. No rights or obligations under this Agreement may be assigned or delegated except as provided in this Section without the prior written consent of the other party, such consent not to be unreasonably withheld or delayed.
18.5.This Agreement, the DPA together with the Additional Policies, constitutes the entire agreement between you and Autom Mate regarding the subject matter hereof and supersedes any and all prior or contemporaneous representation, understanding, agreement, or communication between you and Autom Mate, whether written or oral, regarding such subject matter. You agree that any terms and conditions submitted by you such as on a purchase order shall have no validity even if Autom Mate processes that purchase order.
18.6.Nothing in this Agreement creates, or is intended to create, any type of joint venture, escrow, partnership or any employer/employee or fiduciary or franchise relationship between you and Autom Mate.
18.7.In case of a legislation change which affects the License, Autom Mate will actively work with you to ensure compliance. If such a change request will occur and can be resolved within reasonable efforts it will be free of charge.
18.8.Neither party will be liable for any delay or failure to perform any obligation under this Agreement where the delay or failure results from any cause beyond its reasonable control, including, but not limited to, acts of God, labor disputes or other industrial disturbances, electrical or power outages, utilities or other telecommunications failures, earthquake, storms or other elements of nature, blockages, embargoes, riots, acts or orders of government, acts of terrorism, or war.