<p>U.S. Terms and Conditions of Sale</p>
<p>PLEASE READ THIS DOCUMENT
CAREFULLY! IT CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND
OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO
YOU. THIS DOCUMENT CONTAINS A DISPUTE RESOLUTION CLAUSE.</p>
<p>These
terms and conditions (“Agreement”) apply to your purchase of rainwater
harvesting systems, gutter
protection screening products and/or related products and/or services and support
sold in the United States (“Product”). By accepting delivery of the
Product, you accept and are bound to the terms and conditions of this
Agreement. If you do not wish to be bound by this Agreement, you must
notify Rainwater Services, LLC (hereinafter "RWS") and return your purchase pursuant to the Return Policy of
Rainwater Services, LLC (hereinafter “RWS”).&nbsp; THIS AGREEMENT SHALL
APPLY UNLESS YOU HAVE A SEPARATE PURCHASE AGREEMENT WITH RWS, IN WHICH
CASE THE SEPARATE AGREEMENT SHALL GOVERN.</p>
<p>Other Documents. This
Agreement may NOT be altered, supplemented, or amended by the use of
any other document(s) unless otherwise agreed to in a written agreement
signed by both you and RWS. If you do not receive an invoice or
acknowledgement in the mail, via e-mail, or with your Product,
information about your purchase may be obtained by contacting your
sales representative.</p>
<p>Payment Terms; Orders; Quotes; Interest.
Terms of payment are within RWS’s sole discretion, and unless otherwise
agreed to by RWS, payment must be received by RWS prior to RWS’s
acceptance of an order. Payment for the products will be made by credit
card, wire transfer, or some other prearranged payment method unless
credit terms have been agreed to by RWS. Invoices are due and payable
within the time period noted, measured from the date of the invoice. RWS
may invoice parts of an order separately. Your order is subject to
cancellation by RWS, at RWS’s sole discretion. RWS is not responsible for
pricing, typographical, or other errors, in any offer by RWS, and
reserves the right to cancel any orders resulting from such errors.</p>
<p>Shipping
Charges; Taxes; Title; Risk of Loss. Shipping and handling are
additional unless otherwise expressly indicated at the time of sale.
Title to products passes from RWS to Customer on shipment from RWS’s
facility, and loss or damage that occurs during shipping is your
responsibility. You must notify RWS within 10 days of the date of your
invoice or acknowledgement if you believe any part of your purchase is
missing, wrong or damaged. Unless you provide RWS with a valid and
correct tax exemption certificate applicable to your purchase of
Product and the Product ship-to location, you are responsible for sales
and other taxes associated with the order. Shipping dates are estimates
only.</p>
<p>Warranties. RWS MAKES NO WARRANTIES.&nbsp; RWS DISCLAIMS ALL
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED
WARRANTIES OF NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE.&nbsp; THE MANUFACTURER’S LIMITED WARRANTIES APPLICABLE
TO PRODUCTS CAN BE FOUND ONLINE OR IN THE DOCUMENTATION THE
MANUFACTURER PROVIDES WITH THE PRODUCT. RWS MAKES NO WARRANTIES FOR
PRODUCTS, SERVICE, MAINTENANCE OR SUPPORT. SUCH PRODUCTS, SERVICE,
MAINTENANCE AND SUPPORT ARE PROVIDED BY RWS “AS IS” AND THIRD-PARTY
WARRANTIES, SERVICES, MAINTENANCE AND SUPPORT ARE PROVIDED BY THE
ORIGINAL MANUFACTURER OR SUPPLIER, NOT BY RWS. RWS MAKES NO EXPRESS
WARRANTIES.&nbsp; RWS MAY REQUEST CANCELLATION OF SERVICES, MAINTENANCE OR
SUPPORT IF RWS DOES NOT RECEIVE PAYMENT. IF YOU PURCHASE
THIRD-PARTY-BRANDED PRODUCT, SERVICES, MAINTENANCE, OR SUPPORT
ADDITIONAL THIRD-PARTY TERMS AND CONDITIONS MAY APPLY.</p>
<p>Changed or
Discontinued Product. RWS’s policy is one of ongoing update and
revision. RWS may revise and discontinue Product at any time without
notice to you and this may affect information saved in your online
“cart.” RWS will ship Product that have the functionality and
performance of the Product ordered, but changes between what is shipped
and what is described in a specification sheet or catalog are possible.
Parts used in repairing or servicing Product may be new,
equivalent-to-new, or reconditioned.</p>
<p>Service and Support. Service
offerings may vary from Product to Product. In addition to these terms
and conditions, RWS and/or your third-party service provider may provide
such service and support to you in the United States in accordance with
sales term and conditions. RWS and/or your third-party service provider
may at their discretion, revise their general and optional service and
support programs and the terms and conditions that govern them without
prior notice to you. RWS has no obligation to provide service or support
until RWS has received full payment for the Product or service/support
contract you purchased. RWS is not obligated to provide third-party
branded service or support, or service or support for any products or
services that you purchased through a third-party and not RWS.</p>
<p>Governmental and
Private Regulations.&nbsp; You agree to be solely responsible for complying
with local laws and regulations and any covenants running with your
land as they relate to the installation of any Product, including
obtaining any permits required under local laws or regulations or
neighborhood or other covenants to authorize the installation of any
Product.&nbsp; You agree to indemnify and hold RWS harmless from and against
any and all damages, including attorney’s fees, arising from your
failure to comply with any law, regulation, or covenant.</p>
<p>Limitation
of Liability. RWS DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET
FORTH HEREIN, INCLUDING BUT NOT LIMITED TO ANY LIABILITY FOR PRODUCT
NOT BEING AVAILABLE FOR USE, LOST PROFITS, LOSS OF BUSINESS, OR THE
PROVISION OF SERVICES AND SUPPORT. EXCEPT AS EXPRESSLY PROVIDED HEREIN,
RWS WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, OR
PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES,
OR FOR ANY CLAIM BY ANY THIRD PARTY. YOU AGREE THAT FOR ANY LIABILITY
RELATED TO THE PURCHASE OF PRODUCT, RWS IS NOT LIABLE OR RESPONSIBLE FOR
ANY AMOUNT OF DAMAGES ABOVE THE AMOUNT INVOICED FOR THE APPLICABLE
PRODUCT. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY,
THE REMEDIES SET FORTH IN THIS AGREEMENT SHALL APPLY EVEN IF SUCH
REMEDIES FAIL THEIR ESSENTIAL PURPOSE.&nbsp; YOU AGREE TO LOOK SOLELY TO THE
MANAFACTURER IN THE EVENT OF ANY DEFECT IN OR FAILURE OF ANY PRODUCT.</p>
<p>Applicable
Law; Not For Resale or Export. You agree to comply with all applicable
laws and regulations of the various states and of the United States.
You agree and represent that you are buying only for your own internal
use only, and not for resale or export. RWS has separate terms and
conditions governing resale of Product by third parties and
transactions outside the United States.</p>
<p>Non-Potable Water.&nbsp; You understand
and acknowledge that water collected by the Products is not potable and
is unfit for human consumption.&nbsp; You agree to be solely responsible for
safeguarding hoses, barrels, tanks, and other equipment from access by
children and others who may drink water from any part of a Product.&nbsp;
You agree to indemnify and hold RWS harmless from and against any and
all damages, including attorney’s fees, arising from the drinking of
water from any part of a Product by any person.</p>
<p>Governing Law. THE
PARTIES AGREE THAT THIS AGREEMENT, ANY SALES HEREUNDER, OR ANY CLAIM,
DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE,
WHETHER PREEXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, COMMON
LAW, AND EQUITABLE CLAIMS) BETWEEN CUSTOMER AND RWS arising from or
relating to this agreement, its interpretation, or the breach,
termination or validity thereof, the relationships which result from
this agreement, RWS’s advertising, or any related purchase SHALL BE
GOVERNED BY THE LAWS OF THE STATE OF FLORIDA, WITHOUT REGARD TO
CONFLICTS OF LAWS RULES.</p>
<p>Binding Arbitration. ANY CLAIM, DISPUTE, OR
CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER
PREEXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, COMMON LAW,
INTENTIONAL TORT AND EQUITABLE CLAIMS) BETWEEN CUSTOMER AND RWS, its
agents, employees, principals, successors, assigns, affiliates
(collectively for purposes of this paragraph, “RWS”) arising from or
relating to this Agreement, its interpretation, or the breach,
termination or validity thereof, the relationships which result from
this Agreement (including, to the full extent permitted by applicable
law, relationships with third parties who are not signatories to this
Agreement), RWS’s advertising, or any related purchase SHALL BE RESOLVED
EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION ADMINISTERED BY THE
NATIONAL ARBITRATION FORUM (NAF) under its Code of Procedure then in
effect (available via the Internet at <a href="http://www.arb-forum.com/[…]/a>
or via telephone at 1-800-474-2371). In the event of any inconsistency
or conflict between NAF Code of Procedure and this Agreement, this
Agreement shall control. The arbitration will be limited solely to the
dispute or controversy between customer and RWS. NEITHER CUSTOMER NOR RWS
SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER
CUSTOMERS, OR ARBITRATE ANY CLAIM AS A REPRESENTATIVE OR CLASS ACTION
OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The individual (non-class)
nature of this dispute provision goes to the essence of the parties’
arbitration agreement, and if found unenforceable, the entire
arbitration provision shall not be enforced. This transaction involves
interstate commerce, and this provision shall be governed by the
Federal Arbitration Act 9 U.S.C. sec. 1-16 (FAA). Any award of the
arbitrator(s) shall be final and binding on each of the parties, and
may be entered as a judgment in any court of competent jurisdiction. RWS
will be responsible for paying any arbitration fees to the extent such
fees exceed the amount of the filing fee for initiating a claim in the
small claims or similar court in the state in which you reside. Each
party shall pay for its own costs and attorneys’ fees, if any. However,
if any customer prevails on any claim that affords the prevailing party
attorneys’ fees, or if there is a written agreement providing for fees,
the Arbitrator may award reasonable fees to the prevailing party, under
the standards for fee shifting provided by law. Information may be
obtained and claims may be filed with the NAF at P.O. Box 50191,
Minneapolis, MN 55405.</p>
<p>Terms and Conditions for Persons or Entities Purchasing to Resell</p>
<p>PLEASE
READ THIS DOCUMENT CAREFULLY! IT CONTAINS VERY IMPORTANT INFORMATION
ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND
EXCLUSIONS THAT APPLY TO YOU.&nbsp; All of the terms and conditions set out
above continue to apply, in addition to the following terms and
conditions, except in the event of a conflict, the following terms and
conditions shall apply to persons or entities purchasing to resell:</p>
<p>These
terms and conditions (“Agreement”) apply to your purchase and resale of
rainwater harvesting systems, related products and/or services and
support sold in the United States (“Products”) by the RWS entity named
on the invoice (“RWS”) or other documents provided to you by RWS. This
Agreement does not apply to you if you are buying for your own end use.
By accepting delivery of the Products you agree to be bound by and
accept the terms and conditions of this Agreement. These terms and
conditions are subject to change at any time in RWS’s sole discretion
without prior written notice. If you do not wish to be bound by this
Agreement, you must promptly notify RWS. Products must remain in the
boxes in which they were shipped and notify us immediately to arrange a
Product return. YOU WILL BE RESPONSIBLE FOR SHIPPING &amp; HANDLING
CHARGES FOR THIS RETURN. ADDITIONAL RETURN OR RESTOCKING FEES MAY
APPLY. THIS AGREEMENT SHALL APPLY UNLESS YOU HAVE A SEPARATE WRITTEN
AGREEMENT WITH RWS OR OTHER RWS TERMS AND CONDITIONS APPLY.</p>
<p>Other
Documents. This Agreement may NOT be altered, supplemented or amended
by the use of any other document(s) unless otherwise agreed to in a
separate written agreement signed by both you and RWS. If you do not
receive an invoice or acknowledgement in the mail or with your Product,
information about your purchase may be obtained by contacting your
sales representative.</p>
<p>Reselling. You may resell Products to
end-users approved by RWS, in RWS’s sole discretion, only after you have
added value to the Products through the addition of hardware or
services. This Agreement is not exclusive. RWS may market Products to
any third party directly or indirectly without any obligation or
liability to you. This Agreement does not guarantee that you will make
any sales of the Products. You determine or set your resale Product
pricing. RWS reserves the right to restrict or prohibit your
participation in certain promotions, add, modify, or discontinue
pricing, Products and/or parts. RWS may require you to meet additional
obligations not outlined herein, which will be disclosed to you prior
to your purchase of Products. You will provide RWS such information and
reports as may reasonably be requested by RWS.</p>
<p>Trademarks;
Copyrights. You may not use RWS trademarks or service marks, or RWS’s
logos or copyrighted works, at any time without the prior written
consent of RWS. You are prohibited from referring to yourself as an
authorized reseller of RWS, implying that you and RWS are partners,
creating the impression that RWS is affiliated with you or has
sponsored, authorized, approved or endorsed your business, or any offer
or any marketing, advertising or promotion thereof. You may not
register or use any domain name or business name containing or
confusingly similar to any name or mark of RWS’s. You will clearly and
prominently identify yourself in all offers and advertising, marketing
and promotional materials relating to this Agreement.</p>
<p>Quotes;
Orders; Payment Terms; Interest. Payment terms are within RWS’s sole
discretion. You agree not to violate the terms of any offer or
concession made available by RWS. RWS may invoice and/or ship parts of an
order separately. RWS reserves the right to cancel an order or
transaction, in whole or in part. If you breach the provisions of this
Agreement or the terms of any offer, RWS may charge or re-debit your
account or credit card the full list price for your purchase (in lieu
of a discounted or special price included in the offer). You agree to
pay interest on all past-due sums at the highest rate allowed by law.
You hereby grant RWS, and RWS hereby retains, a purchase money security
interest and lien on any and all of your rights, title and interest in
Products, wherever located, and all replacements or proceeds of the
Products, until the invoice for the applicable Products is paid in
full, including any late charges and costs of collection. You consent
to RWS’s use of this Agreement, as well as Product invoices, as
financing statements for protecting this security interest and appoint
RWS as your agent for service of process.</p>
<p>Shipping Charges; Taxes.
Shipping dates provided by RWS are estimates only. Shipping and handling
are additional and will be shown on the invoice(s) or other
documentation. Loss or damage that occurs during shipping by a carrier
selected by RWS is RWS’s responsibility. Loss or damage that occurs
during shipping by a carrier selected by you is your responsibility.
Unless you provide RWS with a valid and correct tax exemption
certificate applicable to the Product ship-to location at the time of
purchase, you will be responsible for sales and all other taxes
associated with the order, however designated, except for RWS’s
franchise taxes and taxes on RWS’s net income.</p>
<p>Title; Risk of Loss;
Insurance. Title to products passes from RWS to you on shipment from
RWS’s facility or third party manufacturers facility. You will maintain
comprehensive general liability, including products liability,
insurance in an amount appropriate for your business, but in no event
less than $1,000,000.00 (US) with an insurance company having a Best
rating of A. Upon RWS’s request, you will provide to RWS a certificate of
such insurance (including any new or amended certificates of insurance)
and/or name RWS as an additional insured.</p>
<p>Warranties. RWS MAKES NO
EXPRESS WARRANTIES.&nbsp; RWS DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR
IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF
NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
THERE ARE NO WARRANTIES BY RWS FOR ANY PRODUCTS, SERVICE OR SOFTWARE
PRODUCTS. ALL SUCH PRODUCTS ARE PROVIDED BY RWS “AS IS”. NO REVISION IN
LIMITED WARRANTIES WILL AFFECT PRODUCTS ALREADY ORDERED BY YOU.</p>
<p>Additional
Remedies &amp; Responsibilities. RWS RESERVES THE RIGHT TO DISCONTINUE
OR OTHERWISE VOID ANY WARRANTY, SERVICE, MAINTENANCE OR SUPPORT IT
OFFERS IN WHOLE OR IN PART. RWS MAY REQUEST CANCELLATION OF THIRD
PARTY-BRANDED SERVICES, MAINTENANCE OR SUPPORT IF RWS DOES NOT RECEIVE
PAYMENT. IF YOU PURCHASE THIRD PARTY-BRANDED PRODUCT, SERVICES,
MAINTENANCE, OR SUPPORT ADDITIONAL THIRD PARTY TERMS AND CONDITIONS MAY
APPLY. YOU SHALL BE SOLELY RESPONSIBLE FOR ALL REPRESENTATIONS OR
OMISSIONS YOU MAKE TO YOUR CUSTOMERS INCLUDING BUT NOT LIMITED TO ANY
REPRESENTATION OR OMISSION YOU MAKE. YOU WILL INFORM YOUR CUSTOMERS OF
RWS’S RIGHTS AND YOUR OBLIGATIONS UNDER THIS AGREEMENT.</p>
<p>No Returns. RWS’s Return Policies do not apply to your purchase of Products or to purchase by your customers.</p>
<p>Products.
RWS’s policy is one of on-going Product update and revision. RWS may
revise and discontinue Products at any time without notice to you. RWS
will ship Products that have the functionality and performance of the
Products ordered, but changes between what is shipped and what is
described in a specification sheet or catalog are possible. The parts
and assemblies used in building Products and spare parts are selected
from new, equivalent-to-new or reconditioned parts and assemblies.</p>
<p>Limitation
of Liability. RWS DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET
FORTH HEREIN, INCLUDING BUT NOT LIMITED TO ANY LIABILITY FOR PRODUCTS
NOT BEING AVAILABLE FOR USE, LOST PROFITS, LOSS OF BUSINESS, YOUR
BREACH OF THIS AGREEMENT OR THE PROVISION OF SERVICES AND SUPPORT. RWS
WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT OR PUNITIVE
DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY
CLAIM BY ANY THIRD PARTY EXCEPT AS EXPRESSLY PROVIDED HEREIN.
NOTWITHSTANDING ANYTHING IN THIS AGREEMENT OR ON OUR WEB SITE TO THE
CONTRARY, RWS IS NOT RESPONSIBLE FOR INFORMATION YOU PROVIDE TO US
UNLESS YOU HAVE A SEPARATE WRITTEN AGREEMENT OTHERWISE. YOU AGREE THAT
FOR ANY LIABILITY ARISING FROM OR RELATED TO THE PURCHASE OF ANY
PRODUCTS, RWS IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES
ABOVE THE AGGREGATE DOLLAR AMOUNT INVOICED BY RWS FOR THE RESPECTIVE
PRODUCTS. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY,
THE REMEDIES SET FORTH IN THIS AGREEMENT SHALL APPLY EVEN IF SUCH
REMEDIES FAIL THEIR ESSENTIAL PURPOSE.</p>
<p>Service and Support. Service
offerings may vary from product to product. In addition to these terms
and conditions, RWS and/or your third-party service provider may provide
such service and support to you in the United States in accordance with
the terms and conditions as delivered to you. RWS and/or your
third-party service provider may at their discretion, revise their
general and optional service and support programs and the terms and
conditions that govern them without prior notice to you. RWS HAS NO
OBLIGATION TO PROVIDE SERVICE OR SUPPORT TO YOU OR YOUR CUSTOMERS UNTIL
RWS HAS RECEIVED FULL PAYMENT FOR THE PRODUCT OR SERVICES/SUPPORT
CONTRACT THAT YOU PURCHASED. RWS is not obligated to provide third-party
branded service or support, or service or support for any product or
services that you purchased through a third-party and not RWS.</p>
<p>YOUR
INDEMNITY TO RWS. To the fullest extend permitted by law, you will
indemnify, defend and hold RWS, including RWS’s partners, officers,
directors, agents, employees, subsidiaries, affiliates, parents,
successors and assigns, harmless from any claim, demand, cause of
action, debt or liability (including reasonable attorneys fees,
expenses and court costs) arising from: (a) your modification(s) of
and/or addition(s) to Product(s); (b) your breach of this Agreement,
(c) your omissions, misrepresentations, or negligence, and (d) damage
to a third party as a result of Products sold by you to the extent such
claim is based on (i) your modification of and/or addition to the
Products, misuse or abuse of the Products, negligence or breach of any
provision in this Agreement; (ii) your failure to abide by all
applicable laws, rules, regulations and orders that affect the
Products; (iii) your omission, misrepresentation, or negligence, or
(iv) intentional harm to any person or property caused by you or the
end-user. Indemnified claims, debts and liabilities include the amount
of any discount in price or concession that is made available by RWS to
you.</p>
<p>Dispute Resolution. The parties will attempt to resolve any
claim, or dispute or controversy (whether in contract, tort or
otherwise) against RWS, its agents, employees, successors, assigns or
affiliates (collectively for purposes of this paragraph, “RWS”) arising
out of or relating to this Agreement, RWS’s advertising, or any related
purchase (a “Dispute”) through face to face negotiation with persons
fully authorized to resolve the Dispute or through mediation utilizing
a mutually agreeable mediator, rather than through litigation. If the
parties are unable to resolve the Dispute through negotiation or
mediation within a reasonable time after written notice from one party
to the other that a Dispute exists, the Dispute will be settled by
binding arbitration in accordance with the then current CPR Rules for
Non-Administered Arbitration. The Arbitration will be conducted before
three (3) independent and impartial arbitrators. RWS will appoint one
(1) arbitrator and the other party or parties will appoint one (1)

arbitrator. The two (2) appointed arbitrators will then select a third
arbitrator, who shall be the presiding arbitrator. The arbitration
hearing shall take place in St. Petersburg, FL and will be governed by
the United States Federal Arbitration Act to the exclusion of any
inconsistent state laws. The arbitrators shall base their award on the
terms of this Agreement, and will follow the law and judicial
precedents that a United States District Judge would apply to the
Dispute. The arbitrators shall render their award in writing and will
include the findings of fact and conclusion of law upon which their
award is based. Judgment upon the arbitration award may be entered by
any court of competent jurisdiction. The existence or results of any
negotiation, mediation or arbitration will be treated as confidential.
Notwithstanding the foregoing, either party will have the right to
obtain from a court of competent jurisdiction a temporary restraining
order, preliminary injunction or other equitable relief to preserve the
status quo or prevent irreparable harm, although the merits of the
underlying Dispute will be resolved in accordance with this paragraph.</p>
<p>Independent
Contractors. No provision of this Agreement will or shall be deemed to
create a partnership, joint venture or other combination between RWS and
you. You and RWS are independent contractors. Neither party will make
any warranties or representations or assume any obligations on the
other party’s behalf. Neither party is nor will claim to be a legal
representative, partner, franchisee, agent or employee of the other
party. Each party is responsible for the amounts it incurs arising from
this Agreement and for the direction and compensation, and is liable
for the actions of, its employees and subcontractors.</p>
<p>Governing Law.
THE PARTIES AGREE THAT THIS AGREEMENT, ANY SALES THERE UNDER, OR ANY
CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE,
WHETHER PREEXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, COMMON
LAW, AND EQUITABLE CLAIMS) BETWEEN CUSTOMER AND RWS arising from or
relating to this agreement, its interpretation, or the breach,
termination or validity thereof, the relationships which result from
this agreement, RWS’s advertising, or any related purchase SHALL BE
GOVERNED BY THE LAWS OF THE STATE OF FLORIDA, WITHOUT REGARD TO
CONFLICTS OF LAWS RULES.</p>
<p>Export. You acknowledge that the purchased
goods licensed or sold under this Agreement, and the transaction
contemplated by this Agreement, which may include technology and
software, are subject to the customs and export control laws and
regulations of the United States (“U.S.”) and may also be subject to
the customs and export laws and regulations of the country in which the
products are manufactured and/or received. You acknowledge that it is
your sole responsibility to comply with and abide by those laws and
regulations. Further, under U.S. law, the goods shipped pursuant to
this Agreement may not be sold, leased or otherwise transferred to
restricted countries or utilized by restricted end-users or an end-user
engaged in activities related to weapons of mass destruction, including
without limitation, activities related to the design, development,
production or use of nuclear weapons, materials, or facilities,
missiles or the support of missile projects, and chemical or biological
weapons. You agree not to provide any written regulatory certifications
or notifications on behalf of RWS.</p>
<p>Headings. The section headings
used herein are for convenience of reference only and do not form a
part of these terms and conditions, and no construction or inference
shall be derived there from. If any provision of this Agreement is void
or unenforceable, the remainder of this Agreement will remain in full
force and will not be terminated. Neither party will be liable for any
delays resulting from circumstances or causes beyond the party’s
reasonable control.</p>