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Software Subscription Agreement

Last updated: July 29, 2019

This Software Subscription Agreement (this “Agreement”) is entered into as set forth in the Order at time of Customer’s acceptance of the Terms of this Agreement (the “Effective Date”) by and between the party set forth in the Order (the “Customer”), and Blind InSites LLC, dba WayAround LLC. (“the Company”), address 6010 W. Spring Creek Parkway, Plano, Tx 75024.

Rights Granted

Upon the Customer’s acceptance of the Terms of this Agreement, the Customer will have the nonexclusive, limited right to access and use the Company’s Public WayAround service (the “Service”) pursuant to the Company’s policies posted on the Company’s Policy webpage, as such policies may be updated from time to time. The Company retains all right, title, and interest in and to the Service, including without limitation all software used to provide the Service and all logos and trademarks reproduced through the Service, and this Agreement does not grant Customer any intellectual property rights in the Service or any of its components.

Customer may access and use the Service for the period set forth in the Order at time of Customer’s acceptance of the Terms of this Agreement (the “Subscription Period”).

Customer shall pay the Company a subscription fee set forth in the Order at time of Customer’s acceptance of the Terms of this Agreement (the “Subscription Fee”) for each Subscription Period. No new Subscription Period will go into effect unless such payment is made 30 or more days before the scheduled start thereof.

The Term will renew for successive terms equal to the initial Subscription Period, upon payment of successive Subscription Fees. The Company retains all right, title, and interest in and to the Service, including without limitation all computers, other hardware, and software incorporated into or used by the Service, and this Agreement does not grant Customer any intellectual property rights in the Service or any of its components. The Customer agrees that it does not acquire under this Agreement any license to use the Service. Upon the end of the Subscription Period, the Customer’s right to access and or use the Service will terminate.

Customer may not use the Service in any manner that could damage, disable, overburden, or impair the Service (or servers or networks connected to the Service), nor may Customer use the Service in any manner that could interfere with any other party’s use and enjoyment of the Service (or servers or networks connected to the Service).

Customer agrees that customer is solely responsible for (and that the Company has no responsibility to the Customer or to any third party for) the Customer use of the Service, any breach of the Customer obligations under the Agreement, and for the consequences (including any loss or damage which the Company may suffer) of any such breach.

The Company Terms of Service and Privacy Policy

  1. The Company’s Privacy Policy explains how the Company treats the Customer information and protects the Customer privacy when the Customer use the Service. The Customer agrees to the use of the Customer data in accordance with the Company’s privacy policies.
  2. The Service may contain features that are used in conjunction with the Company’s search and other services. Accordingly, the Customer's use of such features of the Service is also governed by the Company’s Terms of Service, the Company’s Privacy Policy, as well as any applicable the Company Service-specific Terms of Service and Privacy Policy, which may be updated from time to time and without notice.

Miscellaneous

  1. These Terms and Conditions constitute the entire Agreement between the Customer and the Company relating to the Service and govern the Customer use of the Service, and completely replace any prior or contemporaneous agreements between the Customer and the Company regarding the Service.
  2. The failure of the Company to exercise or enforce any right or provision of these Terms and Conditions does not constitute a waiver of such right or provision, which will still be available to the Company.
  3. If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms and Conditions is invalid, then that provision will be removed from the Terms and Conditions without affecting the rest of the Terms and Conditions. The remaining provisions of these Terms and Conditions will continue to be valid and enforceable.
  4. The rights granted in this Agreement may not be assigned or transferred by the Customer without the prior written approval of the Company.  The Customer is not permitted to delegate its responsibilities or obligations under this Agreement without the prior written approval of the Company.  The Company may assign, at any time, any or all of its rights under the Agreement to a subsidiary, affiliate or successor of Company or to a third party without the obligation of notice to or consent of the Customer.
  5. These Terms and Conditions and the Customer relationship with the Company under these Terms and Conditions will be governed by the laws of the State of Texas without regard to its conflict of laws provisions. The Customer and the Company agree to submit to the exclusive jurisdiction of the courts located within Dallas County, Texas to resolve any legal matter arising from these Terms and Conditions. Notwithstanding this, the Customer agree that the Company will still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.

Amendments to this Agreement

The Company reserves the right, at its sole discretion, to modify or replace this Agreement at any time. If a revision is material the Company will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at the Company’s sole discretion.

Contact Information

If the Customer have any questions about this Agreement, please contact us by email at connect@wayaround.com.