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compromise (if Licensee chooses to represent its own interests in any such action, Licensee may do so at its own expense, but such <br />representation must not prejudice INFOR's right to control the defense of the claim and negotiate its settlement or compromise); <br />(iii) Licensee roust cooperate with INFOR to facilitate the settlement or defense of the claim, INFOR will not have any liability <br />hereunder to the extent the claim arises from (a) any modification of the Mobile Application or tine Software; (b) the use or <br />combination of the Mobile Application or Software with any computer, compute platform, operating system and /or data base <br />management system not provided or approved in writing by INFOR; (c) if the claim would have been avoided by Licensee's use <br />of the most recent version of the Mobile Application or Software; or (d) any improper use of the Software or Mobile Application. <br />THE FOREGOING SETS FORTH INFOR'S EXCLUSIVE OBLIGATION AND LIABILITY WITH RESPECT TO <br />INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, Neither Apple nor Google has any indemnity obligation for the <br />Software or the Mobile Application. <br />S. Export. U.S. export control laws and other applicable export and import laws govern use of the Mobile Application. Licensee and <br />each Licensee User each represents and warrants that: (i) it is not a citizen, national or resident of, and is not located in nor under <br />the control of, any government or country to which the U.S government has prohibited export, that is subject to a U.S. government <br />embargo, or that has been designated by the U.S. government as a terrorist - supporting country; (ii) it is not listed on any U.S. <br />government list of prohibited or restricted parties; and (iii) it will neither export or re-export, directly or indirectly, the Mobile <br />Application in violation of such laws, or use fire Mobile Application for any purpose prohibited by such laws. <br />9. Support, INFOR does not offer support for the Mobile Application other than provision of updates, patches, bug fixes and new <br />versions of the Mobile Application via the Apple App Store or Google Play, to be determined in INFOR's sole discretion. Neither <br />Apple nor Google has any obligation to provide maintenance and support for the Mobile Application. <br />10. Term and Termination. INFOR may terminate the EULA and use of tine Mobile Application by Licensee and Licensee Users if <br />Licensee or any Licensee User fails to comply with any terms of this Agreement or the Apple Terns of Use or the Google Terns <br />of Service, as applicable. As applicable, the EULA will terminate automatically upon the termination of the Agreement or upon <br />termination of any Licensee User's affiliation with or authorized use by Licensee. Apple or Google (as applicable) and INFOR <br />may terminate access to and /or use of the Mobile Application by Licensee and Licensee Users at any time. Upon termination of <br />the Agreement or the Apple Terms of Use or the Google Terns of Service (as applicable), in whole or in part, Licensee and each <br />Licensee User will discontinue further use of the Mobile Application and delete all copies of the Mobile Application on the <br />applicable Apple or Android mobile devices. <br />11. Third Party Product License Terns. Licensee and Licensee Users will comply with applicable third party terns of any third party <br />agreement when using the Mobile Application. <br />12. Miscellaneous. Licensee acknowledges and agrees that this Supplement, as subject to the Agreement, is between INFOR and <br />Licensee, for itself and on behalf of Licensee Users, and that neither Apple nor Google is a party to the Agreement or the EULA; <br />(b) INFOR is solely responsible for the Software, Mobile Application and the INFOR- provided content thereof; (o) Apple and <br />Apple subsidiaries are third party beneficiaries of the Apple Terms of Use, and Google and Google subsidiaries are third parry <br />beneficiaries of the Google Terms of Service; (d) Apple has the right (and will be deemed to have accepted the right) to enforce <br />the teens of this Supplement and the Apple Terms of Use against Licensee and Licensee Users as a third party beneficiary thereof <br />but only if Licensee has accepted these terms and /or each Licensee User has accepted the Apple Terms of Use as outlined above, <br />and Google has the right (and will be deemed to have accepted the right) to enforce the terms of this Supplement and the Google <br />Terms of Service against Licensee and Licensee Users as a third party beneficiary thereof but only if Licensee has accepted these <br />terms and /or each Licensee User has accepted the Google Terms of Service as outlined above. INFOR's failure to enforce its rights <br />with respect to any breach of this Supplement or the EULA will not act as a waiver of the right of INFOR to later enforce any such <br />rights or to enforce any other breach. Licensee will ensure compliance by Licensee Users and fully indemnify, and hold harmless <br />INFOR for any breach by Licensee Users of the terms of the Agreement and the Apple Terms of Use and the Google Terns of <br />Service, as applicable. <br />13. Changes. Apple may at anytime modify the Apple Terns of Use and Google may at any time modify the Google Terms of Service, <br />and Apple and Google may each impose new or additional terms and conditions on INFOR, Licensee and Licensee Users relating <br />to the Mobile Application. Any such changes will be effective immediately and be deemed incorporated into this Supplement and <br />the Apple Terms of Use and the Google Terms of Service, as applicable. Continued use of the Mobile Application by Licensee <br />and Licensee Users will constitute acceptance of these changes. <br />Order Form (CPQ- English -US May 2015) OP- 02110385 SQB003605_1 KMM A 12/1/2015 Page 6 of 7 <br />