FormulaZoo Terms and Conditions and End-User License Agreement (“EULA”)
1 INTRODUCTION:
1.1 We are delighted that you have chosen to use the FormulaZoo software application (which, together with
any upgrades, modified versions or updates made available to you, are collectively referred to as the
“Software”), and look forward to a long-term, mutually beneficial relationship with you. We hope that, with
the Software, you will streamline your organization which will bring you personal satisfaction and
professional success.
1.2 Krexil Corp. licenses this Software to you only upon the condition that you accept all of the terms
contained in this end-user license agreement (“EULA”). The EULA addresses use of the Software.
1.3 While we strive for consistency in all that we do, in the event of any conflict between the
FormulaZoo.com web site and the EULA, the EULA shall control.
1.4 This EULA is a binding legal agreement between Krexil Corp., as Licensor, and “You” (i) in your
individual capacity or (ii) in your capacity as authorized representative of another person, company or
other legal entity, together with that person, company or other legal entity for whose benefit you use the
Software, as Licensee. Do not use or access the Software unless You agree to enter into and be bound by the
EULA. By accessing or using the Software, You confirm that You have entered into the EULA, and acknowledge
that You are bound by its terms.
1.5 If You do not agree, or do not wish to bind Yourself to the terms and conditions of the EULA, then you
many not access or use the Software.
1.6 YOU REPRESENT AND WARRANT THAT YOU HAVE THE POWER AND AUTHORITY TO ENTER INTO THIS EULA, AND THAT YOU
HAVE REACHED THE AGE OF LEGAL MAJORITY. OTHERWISE, YOU MAY NOT USE THE SOFTWARE OR THE DOCUMENTATION.
1.7 Copying, installing, distributing, uploading, launching, accessing or using the Software and/or
Documentation, or any portion thereof, in any manner that is not explicitly permitted by the EULA, absent
prior written permission from Krexil Corp., is unauthorized, constitutes a material breach of the EULA,
is an infringement of Krexil Corp.’s copyright and/or other intellectual property rights in the
Software and Documentation, and may subject You to civil damages and/or criminal penalties.
2 GRANT OF LICENSE:
Upon Your agreement to enter into, and acceptance of, the EULA:
2.1 Krexil Corp. grants You a non-sublicensable, non-exclusive, non-transferable, limited license (the
“License”) to use the Software and Documentation. The License is conditioned upon Your continuous compliance
with all of the terms, conditions, limitations and restrictions described in this EULA. If You violate any
of these terms, conditions, limitations or restrictions, the License will automatically and immediately
terminate and expire.
2.2 The License granted pursuant to this EULA is a single company license. You may use the Software only on
computers used by employees, contractors and others directly connected to your company.
2.3 Subject to the terms and conditions of this EULA, and predicated upon Your continuous compliance with the
terms and conditions of this EULA, the License is effective until terminated. You may terminate this License
at any time by stopping use of the Software. Without prejudice to any other rights, Krexil Corp. may
terminate this EULA and Your License thereunder if You fail to comply with the terms and conditions of this
EULA. In such event, You must stop using the software.
2.4 This EULA supersedes and replaces the end-user license agreements for any previously-installed and/or
previously-used versions of the Software.
3 SOFTWARE USE:
3.1 You may not modify, translate, adapt, arrange, or create derivative works based upon the Software or the
Documentation, or any part thereof, for any purpose.
3.2 You may not reverse engineer, decompile, disassemble, decrypt, or otherwise access, discover, analyze, or
recreate the source code of the Software, or attempt to do so, except and only to the extent that such
activity is expressly permitted by applicable law notwithstanding this restriction. Where You have statutory
rights with regard to software, which are in contradiction of this restriction, You shall, prior to
exercising those rights, provide Krexil Corp. with reasonably detailed information regarding any
intended disassembly or decompilation of the Software. In addition to the foregoing, You shall not decrypt
any encrypted portion of the Software unless doing so is necessary for the licensed use of the Software.
3.3 You may not utilize any equipment, device, software, or other device or means to circumvent or remove any
form of copy protection used by Krexil Corp. in connection with the Software, or use the Software
together with any authorization code, serial number, or other copy protection device not authorized by, and
supplied by or on behalf of, Krexil Corp.
3.4 You may not distribute, rent, loan, lease, sell, resell, sublicense, or otherwise transfer all or any
portion of the Software or the Documentation, or any rights granted in this EULA, to any other person or
entity.
3.5 You may not install or use, or upload or facilitate the distribution of, the Software or Documentation
over the Internet other than as an end user, including, without limitation, use in connection with a Web
hosting or similar service, or make the Software or Documentation available to third parties via the
Internet, Your computer system or otherwise, without the prior written consent of Krexil Corp.
3.6 You may not remove, alter, or obscure any proprietary notices, labels, splash screens, or marks from the
Software or Documentation.
3.7 You may not alter, reconfigure or modify the Software in order to enable features or functionality
different from what is described in the Documentation.
3.8 EXPORT CONTROL LAWS. You acknowledge that the Software is subject to the export control laws and
regulations of the United States, and You agree to abide by those laws and regulations. Under U.S. law, the
Software may not be downloaded or otherwise exported, reexported, or transferred to restricted countries,
restricted end-users, or for restricted end-uses. The U.S. currently has embargo restrictions against Cuba,
Iran, Iraq, Libya, North Korea, Sudan, and Syria. Compilations of restricted end-users are maintained
currently in the U.S. Department of Commerce’s Denied Persons List
(http://www.bis.doc.gov/dpl/Default.shtm), Entity List (http://www.bis.doc.gov/Entities/Default.htm), and
Unverified List (http://www.bis.doc.gov/Enforcement/UnverifiedList/unverified_parties.html), the U.S.
Treasury Department’s Specially Designated Nationals List
(http://www.treas.gov/offices/enforcement/ofac/sdn/), and the Department of State’s List of Statutorily
Debarred Parties (http://www.pmddtc.state.gov/debar059.htm). In addition, the Software may not be downloaded
by or otherwise exported, reexported, or transferred to an end-user engaged in activities related to weapons
of mass destruction. Such activities include, without limitation, those related to: (1) the design,
development, production or use of nuclear materials, facilities or weapons; (2) the design, development,
production or use of missiles or support of missile projects; and (3) the design, development, production,
or use of chemical or biological weapons. You shall indemnify and hold Krexil Corp. harmless from all
loss, damage, expense or liability to any/all parties incurred in connection with, or as a result of, such
activities, or from the use of the Software or Documentation in connection with such activities, to the
extent that such loss, damage, expense or liability results—directly or indirectly—from any violation by You
of this paragraph, and/or any of the restrictions detailed herein. You also warrant and represent that You
are not located in, or a resident or national of, a restricted country; that You are not on any of the U.S.
lists of restricted end-users; and that You are not engaged in or financially or materially supporting any
activities related to weapons of mass destruction. You understand that the requirements and restrictions of
U.S. law as applicable to You may vary depending upon, among other things, the software downloaded and may
change over time, and that, to determine the precise controls applicable to the software, it is necessary to
refer to the U.S. Export Administration Regulations and the U.S. Foreign Assets Control Regulations. You may
not use the Software, or its Documentation, outside of the country in which You acquired the Software. By
downloading or using the Software and/or Documentation, You confirm explicitly that You agree to the
foregoing, and You acknowledge explicitly that Your warranties and indemnification obligations hereunder are
ongoing and shall survive any termination of this EULA.
3.9 Use, Safety and Utility. Productivity software and other technical software applications are tools
intended to be used by qualified individuals. They are not substitutes for professional judgment. Due to the
large variety of its potential applications, the Software has not been tested in all situations under which
it may be used. Krexil Corp. shall not be liable in any manner whatsoever for the results obtained
through the use of the Software. KREXIL CORP. DOES NOT WARRANT THAT THE FUNCTIONS OF THE SOFTWARE WILL
MEET YOUR REQUIREMENTS OR THAT OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE. YOU ARE SOLELY
RESPONSIBLE FOR THE DETERMINATION OF APPROPRIATE USES FOR THE SOFTWARE AND THE SELECTION OF THE SOFTWARE AS
APPROPRIATE TO ACHIEVE INTENDED RESULTS. YOU ARE ALSO SOLELY RESPONSIBLE FOR ESTABLISHING THE ADEQUACY OF
INDEPENDENT PROCEDURES FOR TESTING THE RELIABILITY AND ACCURACY OF ANY PROGRAM OUTPUT.
4 INTELLECTUAL PROPERTY:
4.1 This EULA is a license, not a sale, of the Software and Documentation. Your right to use the Software and
Documentation pursuant to this EULA confers no title, ownership or intellectual property rights to You.
Krexil Corp. retains full and complete ownership, title and all rights and interests, including but not
limited to copyright, trade secret and other intellectual property rights, in and to the Software and
Documentation, and all copies made thereof. Certain third party software included with or incorporated into
the Software is subject to additional terms and conditions imposed by Krexil Corp.’s third party
licensors, who are intended beneficiaries under this EULA and who may protect their rights in their
respective portions of the Software directly against You. All rights not expressly granted in this EULA are
reserved by Krexil Corp.
4.2 The structure, organization, and code of the Software are valuable trade secrets of Krexil Corp. and
its third party licensors. The Software and Documentation are protected by law, including but not limited to
the copyright laws of the United States and other countries, and by international treaty provisions.
5 LIMITED WARRANTY; DISCLAIMERS; INDEMNIFICATION:
5.1 LIMITED WARRANTY. Krexil Corp. warrants that the Software will perform substantially in accordance
with the Documentation as it exists on the date of Your acquisition, will be free from defects in under
normal use. Non-substantial variation of performance from the Documentation does not establish a warranty
right. If an implied warranty which cannot be disclaimed is created by statute in Your jurisdiction, then
You also have a statutory implied warranty BUT ONLY AS TO DEFECTS DISCOVERED DURING THE PERIOD OF THIS
LIMITED WARRANTY (90 DAYS). THERE IS NO WARRANTY OF ANY KIND APPLICABLE TO ANY DEFECTS DISCOVERED AFTER THE
90-DAY PERIOD. Any supplements, updates or upgrades to the Software provided to You after the expiration of
the 90-day Limited Warranty period are not covered by any warranty or condition, express, implied or
statutory. Krexil Corp.’s entire liability, and Your exclusive remedy for any breach of this Limited
Warranty or any other liability relating to the Software will be, at Krexil Corp.’s option, either (a)
repair or replacement of Software that does not meet the terms of this Limited Warranty, or (b) a refund of
the amount paid (if any) for Software that does not meet the terms of this Limited Warranty, resulting in
the immediate termination of this EULA and of Your License hereunder. In order to pursue Your remedy
hereunder, You must provide adequate proof of purchase/acquisition and the date and manner of
purchase/acquisition. Some jurisdictions do not allow the exclusion of implied warranties or limitations on
how long an implied warranty may last, so the above limitations may not apply to You. This warranty gives
You specific legal rights. You may have other rights that vary from jurisdiction to jurisdiction. THIS
LIMITED WARRANTY DOES NOT APPLY TO PRE-RELEASE (BETA) COPIES OF SOFTWARE. You accept that no Software is
error free and You are strongly advised to back up all important files on all of Your computers on a regular
and timely basis, as well as immediately prior to the installation of any new application. This Limited
Warranty is void if failure of the Software or Documentation has resulted from accident, abuse,
misapplication, abnormal use, virus/worm infection, or service or modification by someone other than Krexil Corp.. Any replacement Software will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer.
5.2 DISCLAIMER OF WARRANTIES. THE LIMITED WARRANTY DESCRIBED IN SECTION 6.1 IS THE ONLY EXPRESS WARRANTY MADE
TO YOU AND IS PROVIDED IN LIEU OF ANY OTHER EXPRESS WARRANTIES OR SIMILAR OBLIGATIONS (IF ANY) CREATED BY
ANY ADVERTISING, DOCUMENTATION, PACKAGING, OR OTHER COMMUNICATIONS. TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, KREXIL CORP. PROVIDES THE SOFTWARE AND DOCUMENTATION AND SUPPORT SERVICES (IF ANY) AS
IS AND WITH ALL FAULTS, AND WITHOUT WARRANTIES OF ANY KIND, WHETHER VERBAL OR WRITTEN, EXPRESS OR IMPLIED.
OTHER THAN THE LIMITED WARRANTY DESCRIBED IN SECTION 6.1, KREXIL CORP. HEREBY DISCLAIMS EXPRESSLY ALL
OTHER WARRANTIES AND CONDITIONS, WHETHER VERBAL OR WRITTEN, AND WHETHER EXPRESS, IMPLIED OR STATUTORY,
INCLUDING BUT NOT LIMITED TO WARRANTIES, DUTIES OR CONDITIONS OF MERCHANTABILITY, RESULTS, FITNESS FOR A
PARTICULAR PURPOSE, RELIABILITY OR AVAILABILITY, SATISFACTORY QUALITY, QUIET ENJOYMENT, QUIET POSSESSION,
CONDITION OF TITLE, CORRESPONDENCE TO DESCRIPTION, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ACCURACY OF
INFORMATIONAL CONTENT, ACCURACY OR COMPLETENESS OF RESPONSES, WORKMANLIKE EFFORT, LACK OF VIRUSES, AND/OR
LACK OF NEGLIGENCE, ALL WITH REGARD TO THE SOFTWARE AND/OR DOCUMENTATION, THE PROVISION OF OR FAILURE TO
PROVIDE SUPPORT OR OTHER SERVICES, INFORMATION, SOFTWARE, AND RELATED CONTENT THROUGH THE SOFTWARE AND/OR
DOCUMENTATION, OR OTHERWISE ARISING IN ANY WAY OUT OF THE USE OF THE SOFTWARE AND/OR DOCUMENTATION. YOU
ASSUME THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SOFTWARE AND ANY ITEMS DESIGNED THEREWITH.
NO VERBAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY KREXIL CORP., ITS SUBSIDIARIES, AFFILIATES,
OFFICERS, DIRECTORS, AGENTS, LICENSORS, SUPPLIERS, DISTRIBUTORS, CO-BRANDERS OR OTHER PARTNERS, AND
EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS LIMITED WARRANTY. THIS WARRANTY
DISCLAIMER AFFECTS YOUR LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO
JURISDICTION. SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN
IMPLIED WARRANTY LASTS, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
5.3 NO INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES. WHETHER RELATING TO THE AFOREMENTIONED LIMITED
WARRANTY OR OTHERWISE, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL KREXIL
CORP., ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, LICENSORS, SUPPLIERS, DISTRIBUTORS,
CO-BRANDERS OR OTHER PARTNERS, OR EMPLOYEES BE LIABLE FOR ANY GENERAL, SPECIAL, INCIDENTAL, PUNITIVE,
DIRECT, INDIRECT, CONSEQUENTIAL OR EXEMPLARY DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR
LOSS OF PROFITS, REVENUE, DATA OR CONFIDENTIAL OR OTHER INFORMATION, BUSINESS INTERRUPTION, LOSS OF
GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS,
PERSONAL INJURY, LOSS OF PRIVACY, FAILURE TO MEET ANY DUTY INCLUDING, WITHOUT LIMITATION, THAT OF GOOD FAITH
OR REASONABLE CARE, NEGLIGENCE, AND ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY
WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE AND/OR DOCUMENTATION, THE PROVISION OF OR FAILURE
TO PROVIDE TECHNICAL OR CUSTOMER SUPPORT OR OTHER SERVICES, INFORMATION, SOFTWARE, AND RELATED CONTENT
THROUGH THE SOFTWARE OR OTHERWISE ARISING IN ANY WAY OUT OF THE USE OF THE SOFTWARE AND/OR DOCUMENTATION, OR
OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS EULA. IN ADDITION, IN NO EVENT SHALL THE
LIABILITY OF KREXIL CORP., ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, LICENSORS,
SUPPLIERS, DISTRIBUTORS, CO-BRANDERS OR OTHER PARTNERS, OR EMPLOYEES FOR ANY DAMAGES ARISING OUT OF OR IN
CONNECTION WITH THE SOFTWARE AND/OR DOCUMENTATION AND/OR THIS EULA EXCEED THE AMOUNT PAID OR PAYABLE BY YOU
FOR THE SOFTWARE PRINCIPALLY RESPONSIBLE FOR SUCH DAMAGES. ALL LIMITATIONS, EXCLUSIONS AND DISCLAIMERS UNDER
THIS EULA SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND SHALL APPLY TO ANY DAMAGES,
HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, WHETHER DERIVED FROM CONTRACT, TORT (INCLUDING,
BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE, EVEN IF KREXIL CORP. HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES, AND REGARDLESS OF WHETHER ANY REMEDY AVAILABLE FAILS ITS ESSENTIAL PURPOSE. SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE
LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU
MAY HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION.
5.4 RELEASE AND WAIVER. To the maximum extent permitted by applicable law, You hereby release and waive, on
an ongoing basis, all claims against Krexil Corp. and its subsidiaries, affiliates, officers,
directors, agents, licensors, suppliers, distributors, co-branders or other partners, and employees from any
and all liability for claims, damages (actual and/or consequential), costs and expenses (including
litigation costs and attorney fees) of every kind and nature, arising from or in any way related to or
connected with use of the Software or Documentation. You expressly waive any rights that You may have under
California Civil Code §1542 (which states, in part, that “[a] general release does not extend to claims
which the creditor does not know or suspect to exist in his or her favor at the time of executing the
release, which if known by him or her must have materially affected his or her settlement with the debtor”)
and/or under any equivalent or analogous law, statute or regulation.
5.5 The disclaimers of warranties and damages and limitations on liability set forth in this EULA, and the
warranties, representations and indemnification obligations set forth in section 6.5 of this EULA, are
ongoing and shall survive any termination of this EULA; but this does not, and will not, imply or create for
You any continued right to use the Software or Documentation after termination of this EULA.
5.6 In Krexil Corp. decides to discontinue publication or support of the Software a mechanism will be
provided to export data to a standard format.
6 MISCELLANEOUS:
6.1 Termination. This EULA shall terminate automatically if You fail to comply with any of its terms. No
notice shall be required from Krexil Corp. to effect such termination. You may also terminate this EULA
at any time by notifying Krexil Corp. in writing of termination. Upon any termination of this EULA, You
must uninstall and destroy all copies of the Software and Documentation in Your possession or under Your
control.
6.2 Your License does not imply any rights to future upgrades or updates of the Software. The acquisition
and/or use of any upgrades or updates of the Software is governed by this EULA and its amendments (unless
and until superseded by a future version’s EULA), and may be subject to additional payments and
conditions.
6.3 This EULA is the final, complete and exclusive agreement between You and Krexil Corp. relating to
the Software and/or Documentation, and supersedes any previous communications, representations, or
agreements between the parties, whether verbal or written, regarding the subject matter hereof. Any
additional or different terms and conditions not expressly set forth herein are neither binding nor
controlling. To the extent that the terms of any Krexil Corp. policies or programs for support services
conflict with the terms of this EULA, the terms of this EULA shall control.
6.5 FormulaZoo.com/Krexil Corp. may collect and use technical information that You provide in connection
with Your use of the Software. FormulaZoo.com/Krexil Corp. will not use this information in a form that
personally identifies You without your permission.
6.6 U.S. GOVERNMENT RESTRICTED RIGHTS. All Krexil Corp. products and documentation are commercial in
nature. The Software and Documentation are “Commercial Item(s),” as that term is defined and used in 48 CFR
2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation,” as
such terms are used in 48 CFR 12.212 or 48 CFR 227.7202, as applicable. The Software and Documentation are
proprietary, and are provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the United States
Government or any agency, department, or instrumentality thereof is subject to the restrictions set forth in
this EULA, pursuant to, inter alia, Federal Acquisition Regulations (“FAR”), 48 CFR 12.212, 48 CFR 12.211
and 52.227-19, the DOD FAR Supplement (“DFARS”), 48 CFR 227.7202-3, the NASA FAR Supplement, 48 CFR
1852.227-86, and their respective successors. Unpublished-rights reserved under the copyright laws of the
United States. Contractor/Manufacturer is Krexil Corp., 31 Industrial Ave, Mahwah, NJ 07430.
6.7 No Assignment; Insolvency. This EULA and Your rights hereunder are non-assignable and any purported
assignment shall be void. The EULA and any license granted hereunder shall terminate immediately, without
further notice or action by Krexil Corp., if You become bankrupt or insolvent, or go into liquidation
or receivership.
6.8 Choice of Law; Venue. This Agreement shall be construed and enforced in accordance with the laws of the
State of New Jersey, without regard to (i) conflicts of laws provisions of the State of New Jersey or any
other jurisdiction; (ii) the U.N. Convention on Contracts for the International Sale of Goods; (iii) the
1974 Convention on the Limitation Period in the International Sale of Goods; (iv) the 1980 Vienna Protocol
amending the 1974 Convention, or (v) any amendment or protocol to the foregoing. Any and all actions to
interpret, apply or enforce the provisions of this EULA, or to assert or defend any claims or causes of
action relating to this EULA, the Software and/or the Documentation, shall be brought in the Superior Court
of the State of New Jersey, or in the United States District Court, District of New Jersey; the parties
hereby unconditionally and irrevocably consent to the exclusive jurisdiction of and venue in such courts,
and hereby irrevocably waive any objection based on forum non conveniens and any objection to the venue of
any action instituted in such courts.
6.9. Injunctive Relief. You specifically acknowledge and agree that the remedies at law for any breach or
threatened breach by You of this EULA will be inadequate and that—notwithstanding anything contained herein
to the contrary—Krexil Corp., in addition to all other relief available to it (including punitive,
compensatory or other damages), shall be entitled to immediate temporary and permanent injunctive relief —
in the United States, in Your country, and anywhere in the world — without the necessity of showing or
proving actual damages.
6.10. Entire Agreement. This EULA represents the full and complete understanding of the parties with respect
to the subject matter hereof, superseding all prior understandings, arrangements and representations,
whether verbal, written, or presented online.
6.11 Severability. If and to the extent that any provision of this EULA is held illegal, invalid, or
unenforceable in whole or in part under applicable law, such provision or such portion thereof shall be
ineffective as to the jurisdiction in which it is illegal, invalid, or unenforceable to the extent of its
illegality, invalidity, or unenforceability, and shall be deemed modified to the extent necessary to conform
to applicable law so as to give the maximum effect to the intent of the parties. The illegality, invalidity,
or unenforceability of such provision in that jurisdiction shall not in any way affect the legality,
validity, or enforceability of any other provision of this EULA in any other jurisdiction.
6.12 The captions and numbering scheme of this EULA are for convenience of reference only and shall not
define or limit any of the terms or provisions hereof.
6.13 Language. The English language version of this EULA is legally binding in case of any inconsistencies
between the English version and any translations. The parties hereto confirm that it is their wish that this
EULA, as well as other documents relating hereto, including Notices, have been and shall be written in the
English language only. Remarque: Les parties ci-dessus confirment leur désir que cet accord ainsi que tous
les documents, y compris tous avis qui s’y rattachent, soient rédigés en langue anglaise.
6.14 Krexil Corp. may assign its rights under this EULA without condition.
6.15 No failure or delay by Krexil Corp. in exercising any right, power or privilege hereunder shall
operate as a waiver thereof, and no single or partial exercise thereof by Krexil Corp. shall preclude
any other or further exercise thereof or the exercise of any right, power or privilege hereunder.
6.16 This EULA may not be waived, amended or modified in any respect whatsoever, except by a written
instrument, signed by all of the parties hereto. This “no oral modification” clause may not itself be
waived, except by a written instrument signed by all of the parties hereto.
6.17 This EULA is binding upon, and will inure to the benefit of, the parties hereto, their successors and
their permitted assigns.
Revised August 20, 2018