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improving the performance of the Software, developing Updates, or providing products and services to
its customers. ETC recognizes the importance of respecting User's privacy. The Privacy Policy (linked
below) provides a description of how ETC collects, uses, shares and protects personal information, as
well as the choices and access rights User has in regards to such personal information. For more infor-
mation on ETC's privacy practices and to review ETC's Privacy Policy please visit the following link: htt-
ps://www.etcconnect.com/Privacy-Policy-and-terms-of-use.aspx.
15. Destruction of the Software. Upon termination of this Agreement, the license granted hereunder shall
terminate, and User shall cease using and destroy the Software, the related documents and any and all
copies thereof and submit documents evidencing such destruction to ETC, if requested by ETC to do so.
16. Miscellaneous. This Agreement will be construed and interpreted exclusively according to the laws of
the State of Wisconsin, United States of America, without giving effect to any principles of conflicts of
law. Any action at law or in equity arising out of or directly or indirectly relating to this Agreement may
be instituted only in the Federal or state courts located in Dane County, Wisconsin. ETC and User con-
sent and submit to the personal jurisdiction of those courts for the purposes of any action related to this
Agreement, and to extra-territorial service of process. This Agreement constitutes the entire under-
standing and agreement between ETC and User with respect to the transactions contemplated in this
Agreement and supersedes all prior or contemporaneous oral or written communications with respect
to the subject matter of this Agreement, all of which are merged in this Agreement. This Agreement
may not be modified, amended or in any way altered except by an instrument in writing signed by aut-
horized representatives of both parties. In the event any provision of this Agreement is found invalid or
unenforceable pursuant to judicial decree, the remainder of this Agreement will remain valid and enfor-
ceable according to its terms. Any failure by ETC to strictly enforce any provision of this Agreement will
not operate as a waiver of that provision or any subsequent breach of that provision. The disclaimers
and limitations of liability and User's indemnity will survive any termination or expiration of this Agree-
ment. All notices, requests, consents, claims, demands, waivers and other communications hereunder
shall be in writing and shall be deemed to have been given on the date sent by e-mail or facsimile (with
confirmation of transmission) or on the third day after the date mailed, by certified or registered mail,
postage prepaid. This Agreement may be accepted in electronic form (e.g., by an electronic or other
means of demonstrating assent) and User's acceptance will be deemed binding between User and
ETC. Neither ETC nor User will contest the validity or enforceability of this Agreement, including under
any applicable statute of frauds, because it was accepted or signed in electronic form. Electronically
maintained records when produced in hard copy form shall constitute business records and shall have
the same validity as any other generally recognized business records. IT IS EXPRESSLY UNDERSTOOD
AND AGREED THAT IN THE EVENT ANY REMEDY HEREUNDER IS DETERMINED TO HAVE FAILED OF
ITS ESSENTIAL PURPOSE, ALL LIMITATIONS OF LIABILITY AND EXCLUSIONS OF DAMAGES WILL
REMAIN IN EFFECT.
Schedule A
Third-Party Licenses Terms and Conditions. For a complete list of all Third-Party Licenses that are fully incor-
porated herein to the extent required by each Third-Party License terms and conditions please visit www.et-
cconnect.com/licenses.
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