BLACKSTONE PUBLISHING (BLACKSTONE AUDIO, INC.)

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access to or use of the Site, Site Content and/or Service. The parties may seek injunctive or other appropriate relief in any state or federal court in the State of California, and the parties consent to exclusive jurisdiction and venue in such courts and not elsewhere. The parties agree not to assert, by way of motion, as a defense or otherwise, in any such dispute,that such party is not subject personally to the jurisdiction of such court,that any corresponding claim is brought in an inconvenient forum or the like, that the venue of the claim is improper or that these Terms or the subject matter hereof may not be enforced in any such court.Any summons, order to show cause, writ,judgment,decree or other process issued by such court may be served on the parties at the addresses provided in Section 13(c)of this Agreement or personally outside the State of California,and when so served,the parties shall be subject to the jurisdiction of such court as though the same had been served within the State of California.No software from the Site, Site Content or Service may be downloaded, exported or re-exported by you into (or to a national or resident of) any countries that are subject to U.S. export restrictions. (d) Relationship Between the Parties. These Terms shall not be construed to create a partnership,joint venture, agency or other legal relationship between Blackstone and you. Each of Blackstone's licensors and content providers, together with their respective successors and assigns, shall be an intended third-party beneficiary of these Terms and shall have the right to enforce any and all obligations,restrictions and/or other terms and conditions imposed on you under these Terms to the same extent as if such licensor or content provider were a party to these Terms. These Terms are fully enforceable in every respect, at law or in equity, by each such licensor or content provider as an intended third-party beneficiary hereunder. (e) Severability. Whenever possible, each provision of these Terms shall be interpreted in such a manner as to be effective and valid under applicable law, but if any provision of these Terms shall be prohibited by or invalid under applicable law, such provisions shall be ineffective only to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of these Terms. These Terms express the entire understanding of you and Blackstone and supersede and replace all prior and contemporaneous agreements between you and Blackstone with respect to the subject matter hereof. Further, these Terms shall govern your use of the Site, Site Content and Service under any subscription level obtained by your Library/School/Company.Any failure to exercise or delay in exercising any right,power or privilege granted under these Terms shall not operate as a waiver by Blackstone of such right, power or privilege or preclude any further exercise thereof or the exercise of any other right,power or privilege by Blackstone. (f) Enforceable Agreement. These Terms constitute an enforceable written agreement between you and Blackstone. (g) Injunctive Relief. You agree that a breach of any of the terms and conditions of these Terms may result in irreparable harm and significant injury to Blackstone, which may be difficult to ascertain. Accordingly, you agree that Blackstone shall be entitled to equitable relief, including, without limitation, an immediate injunction enjoining any further breach, in addition to all other remedies available to Blackstone at law or in equity. Page 8 of 8