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11.4_ Refund yr Payment upon Termination. Vpon any termination for cause by You, We shall refund You any prepaid tees covering the remainder of the term of all subsaiptlons after the effective date of temtlnatlon. Upon any lemtinatlon for cause by Us. Yvu shall pay any unpaid fees covering the remainder of the term of all Order Forma after the effective date of termfnelion. In no event shall any termination relieve You of the obligation to pay any fees payable to Us for the period prior to the effective date of termination. 11.8_ Return of Your Data- Upon request by You made within 30 days after the effective date of termination of a Purchased Services subscription, We will make available to You for download a file of Your Data In an electronic formal. After such 30-day period. We shall have no obligation to maintain or provide any of Your Data and shell thereafter, unless legally prohibited, delete all of Your Data in Our systems or otherwise In Our possession or under Our control. 11.6. Surviving Provisions. Section 6 (Fees and Payment for Purchased Services), 6 (Proprietary Rights), 7 (Confidentiality), 8.3 (Dlsclalmer), 9 (Mutual Indemnification), 10 (Limitation of Liability), 11.4 (Refund Or Payment upon Termination), 11.6 (Return of Your Data). 12 (Who You Are Contracting With, Notices. Governing Law and Jurisdiction) and 13 (General Provisions) shall survive any termination or expiration of this Agreement- 12. GOVERNING LAW, JURISDICTION, AND NOTICES 12.2. Governing Law. This Agreement shall be deemed to have been made and entered Into In the State of California, and the construction, validity and enforceability of this Agreement shall be governed by the laws of the Slate of California. 12.2. Notice. Except as otherwise specified In this Agreement, all notices, permissions and approvals hereunder shall be in writing and shall be deemed to have been given upon: (1) personal delivery, (11) the date of receipt after mailing certified mall, return reoelpl requested, (111) the second business day after sending by confirmed facsimile, or (Iv) the first business day after sending by email (provided email shall not be sufficient for notices of termination or an indemniflable claim). Notices to You shall be addressed to the system administrator designated by You for Your relevant Services account, and In the case of billing-related notices, to the relevant billing contact designated by You. Any notices required under this Agreement should be sent to: MobilApp, Inc. 23 Peters Canyon Rd Irvine, CA 92606 12.3. Agreement to Governing Law and Jurisdiction. Each party agrees to the applicable governing law above without regard to choice or conflicts of law rules, and to the exclusive jurisdiction of the applicable courts above. 12.4. Waiver of Jury Trial. Each party hereby waives any right to jury trial In connection with any action or litigation In any way arising out of or related to this Agreement. 13. GENERAL PROVISIONS 13.1. Export Compliance. Each party shall comply with the export laws and regulations of the United States and other applicable jurisdictions in providing and using the Services. Without limiting the foregoing, (1) each party represents that it is not named on any U.S. government list of persons or entities prohibited from receiving exports, and (11) You shall not permit Users to access or use Services in violation of any U.S. export embargo, prohibition or restriction. 13.2. Relationship of the Pardee. The parties are Independent contractors. This Agreement does not create a partnership, franchise, joint venture, agency, fiduciary or employment relationship between the parties. 13.3. No Third-Party Beneficiaries. There are no third-party beneficiaries to this Agreement. 13.4. Waiver and Cumulative Remedies. No failure or delay by either party In exercising any right under this Agreement shall constitute a waiver of that right. Other than as expressly staled herein, the remedies provided herein are In addition to. and not exclusive of, any other remedies of a party at law or In equity. 13.6. Severabillty. If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, the provision shall be modified by the court and interpreted so as best to accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions of this Agreement shall remain In effect.