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End User License Agreement

Please read this End User License Agreement carefully before installing or using this Product.

This End User License Agreement (“EULA”) is a legal document that governs your use of this Athena at Home product (the “Product”), including the firmware and application software that synchronizes with the Product (the “Software”), the Software’s associated upgrades, and related services currently provided, or which will be provided, by Shooter's Technology, LLC (“Licensor”). The Product includes Licensor’s user manuals, technical manuals, and any other materials provided by Licensor, in printed, electronic, or other form, that describe the functionality, components, features, or requirements of the Software, including any aspect of the installation, configuration, integration, operation, or use of the Software (the “Documentation”).

This EULA sets out the basis on which Licensor makes the Product available to you (“User”) and on which User may utilize them. By installing and/or using the Product, User agrees to accept and to be bound by this EULA at all times. Licensor and User may be referred to herein collectively as the “Parties” or individually as a “Party.”

By checking the box, clicking the button to confirm User’s acceptance when User first registers the Product with use of the Software, or continuing to use any website or mobile application in conjunction with use of the Product or Software, User is agreeing to all the terms of this EULA. If User does not agree to all of these terms, DO NOT check the box or click the button and/or DO NOT use the Product.

Licensor reserves the right to change, modify, add, or delete articles in this EULA at any time, in accordance with the procedures described below in Section 15.G.

  1. Eligibility. User must be at least age 18 in the United States, or the age of legal majority where the User accesses the Product, to enter into this EULA, to pay Fees pursuant to the terms in this EULA and the Documentation, and to submit content and other data to Licensor. If User is under the age of 18 or the age legal majority where User accesses the Product, User may purchase access to the Product only with the involvement of User’s parent or legal guardian, and User represents and warrants that User’s parent or legal guardian has read, understood, and agreed to this EULA. If User is under the age of 18 in the United States, or the age of legal majority where the User accesses the Product, any and all use of the Product and Software by User must be performed under the direct supervision of User’s parent or legal guardian.
  2. License.
    1. License Grant. Licensor grants User a non-exclusive, non-transferable (except in compliance with Section 2.C), non-sublicensed, non-commercial, and personal license to use the Product (in whole or in part) (the “License”), for such time until either the User or the Licensor terminates the License in accordance with Section 14 of this EULA. The License is subject to and conditioned upon User’s payment of fees as set out in Section 6 and compliance with all other terms and conditions of this EULA.
    2. Scope of Licensed Access and Use. User may install, use, and run one copy of the Software on User’s network per one (1) Product purchased. Additionally, User shall only use the Software, Product, and Documentation for personal use. User shall also be entitled to create one (1) backup copy of the Software, and of such portions of the Documentation as are provided by Licensor in magnetic, downloadable, and printed media (e.g., help files), solely for backup purposes but for no other purpose. Except as specifically permitted by this EULA, User shall not, or request that another party, copy, duplicate, reverse engineer, reverse compile, disassemble, record, or otherwise reproduce any part of Software, nor attempt to do any of the foregoing, without the prior written consent of the Licensor. All copies of the Software made by User:
      1. will be the exclusive property of Licensor;
      2. will be subject to the terms and conditions of this EULA; and
      3. must include all trademark, copyright, patent, and other Intellectual Property Rights notices contained in the original.
    3. Transfer. User may not rent, lease, sublicense, lend, or authorize all or any portion of the Product or Software to a third-party except as may be expressly permitted herein. User may, however, transfer all User’s rights to the Product or Software to another person or entity provided that:
      1. User also transfers this EULA and any and all other software or hardware bundled or pre-installed with the Product or Software, including all copies, updates, and prior versions to such person or entity;
      2. User retains no copies, including backups and copies stored on a computer;
      3. the receiving person or entity accepts the terms and conditions of this EULA and any other terms and conditions upon which User legally purchased a license to the software; and
      4. User or the receiving party pays the transfer fee set forth in Section 6.
    4. Account. For some uses of the product, and to pay the appropriate Fees, User will need to create an online and/or mobile phone account (the “Mobile Account”) with Licensor, as described in the Documentation.
    5. Third-Party Materials. The Software includes software, content, data, or other materials, including related documentation, that are owned by individuals or entities other than Licensor (“Third-Parties”) and that are provided to User on terms that are in addition to and/or different from those contained in this EULA ("Third-Party Licenses"). A list of all materials included in the Software and provided under Third-Party Licenses is set forth on Schedule B to this EULA, and the applicable Third-Party Licenses are accessible via links therefrom. User is bound by and shall comply with all Third-Party Licenses. Any breach by User of any Third-Party License is also a breach of this EULA. Please review Third-Party Licenses carefully.
  3. License Restrictions. Except as this EULA expressly permits, User shall not, and shall not permit any other Person to:
    1. copy the Software, in whole or in part;
    2. modify, correct, adapt, translate, enhance, or otherwise prepare derivative works or improvements of any Software;
    3. reverse engineer, disassemble, decompile, decode, or adapt the Software, or otherwise attempt to derive or gain access to the source code of the Software, in whole or in part;
    4. bypass or breach any security device or protection used for or contained in the Software or Documentation;
    5. remove, delete, efface, alter, obscure, translate, combine, supplement, or otherwise change any trademarks, terms of the Documentation, warranties, disclaimers, or Intellectual Property Rights, proprietary rights or other symbols, notices, marks, or serial numbers on or relating to any copy of the Software or Documentation;
    6. use the Software in any manner or for any purpose that infringes, misappropriates, or otherwise violates any Intellectual Property Right or other right of any Person, or that violates any applicable Law;
    7. use the Software for purposes of: (i) benchmarking or competitive analysis of the Software; (ii) developing, using, or providing a competing software product or service; or (iii) any other purpose that is to Licensor’s detriment or commercial disadvantage;
    8. use the Software in or in connection with the design, construction, maintenance, operation, or use of any hazardous environments, systems, or applications, any safety response systems or other safety-critical applications, or any other use or application in which the use or failure of the Software could lead to personal injury or severe physical or property damage; or
    9. use the Software or Documentation other than for the Permitted Use or in any manner or for any purpose or application not expressly permitted by this EULA.
  4. Term of License. The License is effective from the earlier of the date User uses the Product or accepts the terms of this EULA (the “Effective Date”), and remains effective until termination in accordance with Section 14 of this EULA.
  5. Maintenance and Support
    1. Subject to Section 5.C, the License granted hereunder entitles User to the basic software maintenance and support services provided herein and as described in the Documentation. Notwithstanding any provision in this EULA to the contrary, maintenance and support services shall only be provided by Licensor to User for a period of one (1) year after the Effective Date (the “Maintenance Period”). The Maintenance Period shall be extended by the User after this period while the User maintains an active Orion license. Licensor may suspend such services if and to the extent that the User allows the Maintenance Period to lapse.
    2. Maintenance and support services will include provision of such updates, upgrades, bug fixes, patches, and other error corrections (collectively, "Updates") as Licensor makes generally available free of charge to all Users of the Software then entitled to maintenance and support services. Licensor may develop and provide Updates in its sole discretion, and User agrees that Licensor has no obligation to develop any Updates at all or for particular issues. User further agrees that all Updates will be deemed Software, and related documentation will be deemed Documentation, all subject to all terms and conditions of this EULA. User acknowledges that Licensor may provide Updates via download from a website designated by Licensor and that User's receipt thereof will require an internet connection, which connection is User's sole responsibility. Licensor has no obligation to provide Updates via any other medium. Maintenance and support services do not include any new version or new release of the Software that Licensor may issue as a separate or new product, and Licensor may determine whether any issuance qualifies as a new version, new release, or Update in its sole discretion.
    3. Licensor reserves the right to condition the provision of maintenance and support services, including all or any Updates, on User’s registration of the copy of Software for which support is requested. Licensor has no obligation to provide maintenance and support services, including Updates:
      1. for any but the most current version or release of the Software;
      2. for any copy of Software for which all previously issued Updates have not been installed;
      3. if User is in breach under this EULA; or
      4. for any Software that has been modified other than by Licensor, or that is being used with any hardware, software, configuration, or operating system not specified in the Documentation.
    4. User acknowledges that Licensor may, directly or indirectly through the services of third parties, collect and store information regarding use of the Software and about equipment on which the Software is installed or through which it otherwise is accessed and used, through:
      1. the provision of maintenance and support services; and
      2. security measures included in the Software.
    5. User agrees that the Licensor may use information collected pursuant to this Section 5 and Section 10 for any purpose related to any use of the Software by User or on User's equipment, including but not limited to:
      1. improving the performance of the Software or developing Updates; and
      2. verifying User's compliance with the terms of this EULA and enforcing the Licensor's rights, including all Intellectual Property Rights in and to the Software.
  6. Fees and Payment.
    1. License Fees. User shall pay Licensor the license fees set forth in the Orion EULA in accordance with the Orion EULA and the terms of this Section 6.
    2. Taxes. All Fees and other amounts payable by User under this EULA are exclusive of taxes and similar assessments. Without limiting the foregoing, User is responsible for all sales, use, and excise taxes, and any other similar taxes, duties, and charges of any kind imposed by any federal, state, or local governmental or regulatory authority on any amounts payable by User hereunder, other than any taxes imposed on Licensor’s income.
    3. Payment. User shall pay all amounts due and owing under this EULA on the Effective Date. User shall make all payments hereunder in US dollars as Licensor may specify in writing from time to time.
    4. Late Payment. If User fails to make any payment when due then, in addition to all other remedies that may be available to Licensor:
      1. Licensor may charge interest on the past due amount at the rate of 5% per month;
      2. User shall reimburse Licensor for all costs incurred by Licensor in collecting any late payment of amounts due or related interest, including attorneys’ fees, court costs, and collection agency fees; and
      3. if such failure continues for ten (10) days following written notice thereof, Licensor may:
        1. disable User’s use of the Software (including by means of a disabling code, technology, or device);
        2. withhold, suspend, or revoke its grant of a license hereunder; and/or
        3. terminate this EULA under Section 14, as applicable.
  7. Confidentiality and Security of Minors’ Data. “Minors’ Data” shall mean any data collected by Licensor that is covered by the Children’s Online Privacy Protection Act (“COPPA”). Licensor shall use commercially reasonable efforts to maintain the confidentiality, security, and integrity of Minors’ Data in a manner consistent with COPPA and the Orion privacy policy located here. Licensor will not disclose Minors’ Data to any third party, except to the extent such disclosure is necessary for performance of these general terms and conditions and only to such parties committed to using commercially reasonable efforts to maintain its confidentiality.
  8. Intellectual Property Rights. "Intellectual Property Rights" shall mean any and all registered and unregistered rights granted, applied for, or otherwise now or hereafter in existence under or related to any patent, copyright, trademark, trade secret, database protection, or other intellectual property rights laws, and all similar or equivalent rights or forms of protection, in any part of the world. All title, ownership rights and Intellectual Property Rights in and to the Product and any and all copies thereof and modifications or improvements thereto are owned by Licensor. The Product is protected by national and international laws, copyright treaties and conventions and other laws. This Product may contain certain licensed materials and, if so, Licensor’s licensors may protect their rights in the event of any violation of this EULA. Any reproduction or representation of these licensed materials in any way and for any reason is prohibited without Licensor’s prior permission and, if applicable, that of Licensor’s licensors. Except as expressly set forth in this EULA, all rights not granted hereunder to User are expressly reserved by Licensor. Except for the limited rights and licenses expressly granted under this EULA, nothing in this EULA grants, by implication, waiver, estoppel or otherwise, to User or any third-party any Intellectual Property Rights or other right, title, or interest in or to any of the Software or Documentation.
  9. Access to the Product.
    1. Product Access. To use the Product on a compatible mobile terminal, User must have access to the internet. The connection costs (including but not limited to mobile providers’ and/or carriers’ costs), shall be exclusively borne by User. User acknowledges that the quality of the Products, the response time or access to certain features may depend on the capacities of User’s compatible mobile terminal and of the electronic communication network. Licensor shall not, under any circumstance, be held responsible to User for reduced User comfort. User acknowledges that the Product may not be available for use on all devices or operating systems or through all carriers or network service providers.
    2. Analytics Tools. Licensor uses third party analytics tools to collect information concerning User’s and other users’ shooting habits and use of the Product. The information collected may contain the following, without limitation: mobile device unique identity or other device identifiers and settings, carrier, operating system, localization information, date and time spent on the Product, shooting scores, shooting metrics and statistics, feature usage, and other similar information. The analytics tools may use server log files, web beacons, cookies, tracking pixels and other technologies to collect said information and may combine the information collected on other Licensor products and services with information collected from other third-party websites and mobile products and services and with demographic, market, and other analytics surveys. While such information is not in itself personal data, if Licensor combines any of this information with personal data, Licensor will treat this information as personal data pursuant to our Privacy Policy located at https://support.orionscoringsystem.com/index.html?privacy-policy.html. Licensor shall make commercially reasonable efforts to provide User with the links to Licensor’s partners’ own privacy policies according to which their tools and technologies are used and when available the link to allow User to opt-out from their services to the extent such information is provided by Licensor’s partners to Licensor.
  10. Consent to Monitor.
    1. When User is using the Product, the Product may monitor User’s hardware random access memory (RAM) for unauthorized third-party programs prohibited by Section 3 that interact with the Product. In the event that the Product detects such an unauthorized third- party program, information may be communicated back to Licensor, including, but not limited to, the name of User’s Account, User’s internet protocol (IP) address, details about the unauthorized third-party program detected, and the time and date that the unauthorized third-party program was detected, along with the hardware specifications and performance characteristics of User’s hardware, with or without additional notice to User thereof. If the Product detects the use of an unauthorized third-party program, this License and User’s access to the Product may be terminated with or without additional notice to User thereof, except as may be provided by Licensor under Section 14 of this EULA.
    2. Licensor shall not be responsible for and does not endorse the opinions, advice and/or recommendations displayed or sent by User in the Product, including in user chats, if any. Such communications, if any, are the sole responsibility of User.
  11. Representations and Warranties
    1. Limited Warranty for the Physical Medium Containing the Product. Licensor warrants that the physical medium containing the Product shall be free from defects in material and workmanship for a period of ninety (90) days from the date of User’s purchase of such medium.
    2. Limited Warranty for the Software. Subject to the limitations and conditions set forth in Sections 11.D and 11.E, Licensor warrants to User that, during the Term, the Software shall perform in substantial accordance with the Documentation, as updated from time-to-time.
    3. Limited Warranty for the Product. Subject to the limitations and conditions set forth in Sections 11.D and 11.E, Licensor warrants to User that, during the Term, the Product shall perform in substantial accordance with the Documentation and shall be free from material defects and workmanship for a period of one (1) year from the date of delivery.
    4. Exceptions. Notwithstanding any provisions to the contrary in this EULA, the limited warranty set forth in Sections 11.A, 11.B, and 11.C does not apply to problems arising out of or relating to:
      1. Software, or the medium on which it is provided, that is modified or damaged by User or its Representatives;
      2. any operation or use of, or other activity relating to, the Product or Software other than as specified in the Documentation, including, but not limited to, any combination, operation, or use of the Software in or with any technology (including any software, hardware, firmware, system, or network) or service not recommended for User’s use with the Product or Software in the Documentation;
      3. User’s or any third-party’s negligence, abuse, misapplication, or misuse of the Software, including any use of the Product or Software other than as specified in the Documentation, including, but not limited to:
        1. use of ammunition other than that recommended by the Licensor for the Product, as specified in the Documentation;
        2. frequent or intentional impact to the steel frame around the target or the plastic frame at the side of the target by shooting or striking the frames;
        3. frequent or intentional impact to the target by dropping it;
        4. use the Product or Software outdoors and unprotected from wind, rain, and outdoor elements
        5. allowing the Product or Software to get wet; or
        6. failure to maintain the Product or Software as specified in the Documentation.
      4. User’s failure to promptly install the most recent version of all Updates as Licensor makes them available to User or which would be available to User if User maintained an active Orion account;
      5. the operation of, or access to, User’s or a third-party’s system or network; or
      6. User’s breach of any provision of this EULA.
    5. Remedial Efforts. If Licensor breaches, or is alleged to have breached, any of the warranties set forth in Sections 11.A, 11.B or 11.C, User must provide written notice to Licensor of the alleged breach setting forth the allegation in reasonable detail. Licensor may, upon such notice, at its sole option and expense, take any of the following steps to remedy such breach:
      1. amend, supplement, or replace any incomplete or inaccurate Documentation;
      2. repair the Software or Product;
      3. replace the Software, Product, or any part thereof, with functionally equivalent software or hardware (which software or hardware will, on its replacement of the Software, Product, or any part thereof, constitute Software or Product hereunder, as appropriate); and/or
      4. refund User’s money after User presents Licensor with written proof of purchase of the defective medium.

        5. The remedies set forth in this Section 11.E are User’s sole remedies and Licensor’s sole liability under the limited warranty set forth in Sections 11.A, 11.B, and 11.C.

    6. Disclaimer of Warranties. Except for the limited warranties set forth in Sections 11.A, 11.B, and 11.C, all licensed Product and Software, information, materials, and services provided by Licensor are provided “As Is.” Licensor makes no other express warranties and specifically disclaims all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement and all warranties arising from course of dealing, usage, or trade practice. Without limited the foregoing, Licensor makes no warranty of any kind that the Licensed Product or Software, or any products or results of the use thereof, will meet User’s or other person or entity’s requirements, operate without interruption, achieve any intended result, be compatible or work with any software systems or other services, or be secure, accurate, complete, free of harmful code, or error free. Licensor makes no, and expressly disclaims, all warranties to the extent permitted by law of any kind, whether express or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose, regarding any third-party hardware (e.g., an included laptop) or software (e.g., any operating system of third-party hardware) bundled or sold with the Product or which User may use in conjunction with the Product or Software.
  12. Indemnification.
    1. Licensor Indemnification. Licensor shall indemnify, defend, and hold harmless User from and against any and all losses incurred by User resulting from any action by a third-party that the Product or Software, or any use of the Product or Software in accordance with this EULA, infringes or misappropriates such third-party’s Intellectual Property Rights. This Section 12.A does not apply to the extent that the alleged infringement arises from third party materials or use of the Product or Software that is outside the purpose, scope, or manner of use authorized by this EULA or the Orion EULA or in any manner contrary to Licensor’s instructions in the Documentation.
    2. User agrees to indemnify, defend, and hold harmless Licensor from any and all losses, liabilities, damages and claims, and all related expenses (including reasonable legal fees and disbursements and costs of investigation, litigation, settlement, judgment, interest, and penalties) and costs related to, arising from, or in connection with any third-party claim related to, arising from, or in connection with the actual or alleged:
      1. infringement by User (except when such breach is exclusively attributable to the Product) of any third-party Intellectual Property Rights and/or proprietary right, including, but not limited to, patent, trademark, copyright, trade secret, publicity and/or privacy;
      2. personal injury (including death) or property damage due to the gross negligence or intentional misconduct of User; and/or
      3. breach by User of any of its representations, warranties, obligations, and/or covenants set forth herein.
  13. Limitation Liability.
    1. Exclusion of Damages. In no event will Licensor be liable under or in connection with this EULA or its subject matter under any legal or equitable theory, including breach of contract, tort (including negligence), strict liability, and otherwise, for any:
      1. increased costs, diminution in value, or lost business, production revenues, or profits;
      2. loss of goodwill or reputation;
      3. use, inability to use, loss, interruption, delay, or recovery of any licensed software or other third-party materials;
      4. loss, damage, corruption, or recovery of data, or breach of data or system security;
      5. cost of replacement goods or services; or
      6. consequential, incidental, indirect, exemplary, special, enhanced, or punitive damages.

        7. This exclusion of damages applies regardless of whether a User, third-party or entity was advised of the possibility of such losses or damages or such losses or damages were otherwise foreseeable, and notwithstanding the failure of any agreed or other remedy of its essential purpose.

    2. Cap on Monetary Liability. In no event will the aggregate liability of Licensor arising out of or related to this EULA, whether arising under or related to breach of contract, tort (including negligence), strict liability or any other legal or equitable theory, exceed the total amounts paid to Licensor by User under this EULA. The foregoing limitations apply even if any remedy fails in its essential purpose.
  14. Termination. User or Licensor may terminate this EULA at any time, for any reason. Termination by Licensor will be effective upon (a) notice to User or (b) termination of User’s Orion account or Mobile Account or (c) at the time of Licensor’s decision to discontinue offering and/or supporting the Product or Software. If Licensor elects to terminate this EULA via Section 14(c), Licensor will use commercially reasonable efforts to provide generalized notice of such decision on its website whose homepage can be found at the following address: https://www.orionscoringsystem.com/orion/Home.aspx. This EULA will terminate automatically if User fails to comply with any of the terms and conditions of this EULA. Upon termination for any reason, User must immediately uninstall the Product and Software and destroy all copies, including any authorized backups, of the Product and Software in User’s possession. Termination will not limit any of Licensor’s rights or remedies at law or in equity.
  15. Miscellaneous.
    1. Recitals. The recitals and exhibits attached to this EULA or identified herein are incorporated into this EULA as if fully set forth herein.
    2. Assignment. User shall not assign or otherwise any of its rights or delegate any of its obligations hereunder without the prior written consent of Licensor. Any purported assignment or delegation in violation of this Section 15.C shall be null and void. No assignment or delegation shall relieve User of any of its obligations hereunder.
    3. No Third-Party Beneficiaries. This EULA is for the sole benefit of the parties hereto and their respective successors and permitted assigns and nothing herein, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of this EULA.
    4. Export Regulation. The Product is subject to all applicable export restrictions. User must comply with all export and import laws and restrictions and regulations of any United States and foreign agency or authority relating to the Product and User’s use of the Product. The Product may not be re-exported, downloaded, or otherwise exported to, or installed by a national or resident of, any country to which the United States has embargoed goods, or to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Denial Orders. User represents and warrants that User is not located in, under the control of, or a national or resident of any such country or on any such list.
    5. Force Majeure In no event will Licensor be liable or responsible to User or be deemed to have defaulted under or breached this EULA, for any failure or delay in fulfilling or performing any term of this EULA (except for any obligations to make payments), when and to the extent such failure or delay is caused by any circumstances beyond Licensor’s reasonable control (a “Force Majeure Event”), including acts of God, flood, fire, earthquake or explosion, pandemic, war, terrorism, invasion, riot or other civil unrest, embargoes or blockades in effect on or after the first day of the Term of this EULA, national or regional emergency, strikes, labor stoppages or slowdowns or other industrial disturbances, passage of Law or any action taken by a governmental or public authority, including imposing an export or import restriction, quota, or other restriction or prohibition or any complete or partial government shutdown, or national or regional shortage of adequate power or telecommunications or transportation. Either Party may terminate this EULA if a Force Majeure Event continues substantially uninterrupted for a period of thirty (30) days or more.
    6. Governing Law and Jurisdiction. This EULA shall be construed in accordance with, and governed in all respects by, the internal laws of the Commonwealth of Virginia (without giving effect to principles of conflicts of laws). Each of the Parties hereto hereby irrevocably and unconditionally consents to submit any and all actions arising out of or relating to the Product, Software, Documentation, this EULA, or the transactions contemplated hereby, including but limited to, disputes arising from or concerning contract interpretation, violation, invalidity, non-performance, or termination (the “Causes of Action”) to final and binding arbitration under the Commercial Rules of Arbitration of the American Arbitration Association applying the laws of the Commonwealth of Virginia, and agrees not to commence any action relating thereto except in such manner. Notwithstanding anything contrary in the foregoing, Licensor, at Licensor’s sole discretion, may submit any and all disputes arising from or relating to the Causes of Action, including those requesting injunctive relief, to the state courts located in Fairfax County in the Commonwealth of Virginia. Each of the Parties hereto hereby irrevocably and unconditionally waives any objection to the laying of venue for such purposes for any action arising out of or relating to the Causes of Action in the state courts in Fairfax County located in the Commonwealth of Virginia.
    7. Changes. Licensor may revise and update the terms of this EULA from time to time in Licensor’s sole discretion. All changes shall be effective immediately when Licensor posts them, and they shall apply to all access to and use of the Product and Software thereafter. User’s continued use of the Product or Software following the posting of revised EULA means that Licensor accepts and agrees to the changes. User is expected to check the address located here [hyperlink here] so that User is aware of any changes, as they are binding on you.
    8. Severability. If any term, provision, or part of any provision of this EULA is invalid, illegal, or incapable of being enforced by any rule or law or public policy, such term, provision, or part of any provision, shall be severed from this EULA and all other conditions and provisions shall remain in full force and effect.
    9. Headings. The headings in this Agreement are for reference only and shall not affect the interpretation of this Agreement.
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