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SOFTWARE AS A SERVICE AGREEMENT <br />0 • • Master Terms and Conditions <br />F R ACTA Online Version <br />County, California, and each party to this Agreement submits to the jurisdiction of <br />such courts for the purposes of all claims and actions arising out of or relating to <br />this Agreement. <br />14.4 Force Maieure. Neither Party shall be liable for any failure or delay of <br />performance due any unforeseeable event, such as, but not limited to, fire, strike, <br />inevitable accidents, war, terrorism or any other cause outside the reasonable <br />control of the defaulting Party, and occurring without its fault or negligence. <br />14.5 Entire Agreement. If your organization has already signed a Fracta software -as - <br />a -service agreement, then that signed agreement applies, and not this one. <br />Otherwise, this Agreement constitutes the final, complete and exclusive <br />agreement between the parties as to the subject matter hereof, and supersede any <br />prior or contemporaneous agreement, proposal, warranties and representations. <br />14.6 Conflicting Terms; Amendments. This Agreement prevails over any conflicting or <br />additional terms of any quote, purchase order, invoice or other communication. No <br />modification, amendment or waiver of any provision of this Agreement shall be <br />effective unless in writing and signed by both Parties. <br />Fracta Confidential Page 11 of 11 February 7, 2018 <br />