Anetac Launches First User Group to Foster Cross Industry Collaboration Around Identity Vulnerabilities
Identity is the new perimeter. 



Protect access to your organization critical resources to mitigate risk of unauthorized access, data breaches and operational disruptions.

The Anetac 
Dynamic ID Platform

  • Overview
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  • Detail 1
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  • Detail 2
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Use Cases

Anetac End User License Agreement

Anetac End User License Agreement

 

THIS ANETAC END USER LICENSE AGREEMENT (“EULA”) GOVERNS USE OF AND ACCESS TO THE ANETAC SOLUTION UNLESS AN APPLICABLE LICENSE AGREEMENT HAS BEEN EXECUTED BY BOTH CUSTOMER AND ANETAC WHICH SUPERSEDES THIS EULA. UNLESS SUCH AN APPLICABLE LICENSE AGREEMENT HAS BEEN EXECUTED, BY DOWNLOADING, INSTALLING, OPERATING, ACCESSING OR USING THE ANETAC SOLUTION, THE INDIVIDUAL AND THE LEGAL ENTITY ON WHOSE BEHALF THE SOLUTION IS ACCESSED (“CUSTOMER”) AGREES TO BE BOUND BY THE TERMS OF THIS EULA AND THE INDIVIDUAL EXECUTING THIS EULA REPRESENTS THAT HE/SHE HAS THE AUTHROITY TO BIND THE CUSTOMER TO THIS EULA.

IF CUSTOMER DOES NOT AGREE TO THE TERMS OF THIS EULA, CUSTOMER MUST NOT ACCESS THE SOLUTION AND MAY REQUEST A REFUND OF THE LICENSE FEE, IF ANY, PAID FOR THE SOLUTION. THIS EULA MAY BE REVISED BY ANETAC FROM TIME TO TIME. IF ANY CHANGES TO THIS EULA ARE MADE, AN UPDATED VERSION OF THE AGREEMENT WILL BE POSTED ON ANETAC’S WEBSITE OR MADE AVAILABLE UPON ACCESSING THE SOLUTION. IT IS CUSTOMER’S RESPONSIBILITY TO REVIEW THE UPDATED TERMS OF THIS AGREEMENT. CUSTOMER’S CONTINUED ACCESS OF THE SOLUTION AFTER THE CHANGES ARE POSTED CONSTITUTES CUSTOMER’S ACCEPTANCE OF THE REVISED TERMS.

EVALUATION LICENSE. If Customer is using the Solution for evaluation purposes, Customer’s access to the Solution is only permitted for the limited evaluation Subscription Term identified in the Order, or if no term is specified, fifteen (15) days. Notwithstanding any other provision in this EULA, for evaluation purposes the Solution is provided on an “AS-IS” and “AS AVAILABLE” basis without indemnification or warranty of any kind.

  1. DEFINITIONS.
    • 1.1 “Authorized Users” means Customer’s employees that are authorized by Customer to use the Solution for the sole purpose of providing services for or on behalf of the Customer and in each case that have their own valid, unique credentials to access and use the Service.
    • 1.2 “Customer Data” means Customer’s account, network, hardware, operating system, application software, security, user, data and file information, which may include internet protocol addresses or other customer account information, as well as Customer’s usage, operational, technical and related information, and any other content, materials or data that is uploaded or provided by Customer or its Authorized Users to the Service or transmitted to the Service from the Customer Environment.
    • 1.3 “Documentation” means that documentation that is generally provided by Anetac with the Solution, as revised by Anetac from time to time, including any applicable end user manuals, operation instructions, installation guides, release notes and on-line help files.
    • 1.4 “Order” means an ordering document issued by Customer to Anetac, or an Anetac authorized reseller (“Authorized Reseller”) on Customer’s behalf, that sets forth applicable subscription terms and is accepted by Anetac.
    • 1.5 “Performance Data” means log and other data related to the Solution and the provision, use and performance and various aspects of the Solution and related systems technologies.
    • 1.6 “Service” means the Anetac cloud-based service set forth in the applicable Order, including any updates or modifications thereto that are made available by Anetac to Customer under this EULA.
    • 1.7 “Software” means any software that is provided by Anetac to Customer for the purpose of enabling Customer to transmit data to the Service, including any updates or modifications thereto that are made available by Anetac to Customer under this EULA, but excluding, for clarity, any software that is licensed directly by a third party to Customer, including under open source license terms.
    • 1.8 “Solution” means the Service and any related Software or Documentation that are made available by Anetac to Customer under this EULA or any applicable Order.
    • 1.9 “Subscription Term” means the duration of a subscription to the Solution as specified in the Order or if no subscription term is specified, fifteen (15) days; provided, however that the Subscription Term will terminate upon termination of this EULA.
  2. LICENSE GRANT.
    • 2.1 General License Grant. Subject to payment of applicable fees and the limitations and restrictions set forth herein and in the Order, Anetac grants Customer a non-exclusive, revocable, non-transferable (except as set forth in Section 1) license, during the Subscription Term, to: (a) access the Service, by and up to the number of Authorized Users indicated on the Order, (b) to download and install the Software on systems or devices that are owned or controlled by Customer solely for the purposes of enabling the transmission of data from Customer or its Customer Environments to the Service, and (c) to download and use any Documentation made available by Anetac, in each case of (a)-(c) in accordance with and subject to any scope or usage limitations set forth in the Order and solely for use in Customer’s internal business operations. Customer shall be fully responsible for Customer’s Authorized Users use of the Solution and compliance with the terms and conditions of this EULA, and for enforcing any of Customer’s internal policies regarding its Authorized Users’ use of the Solution.
    • 2.2 Feedback. Feedback provided to Anetac related to the Solution may be used by Anetac to improve or enhance its products and, accordingly, Customer hereby grants Anetac a non-exclusive, perpetual, irrevocable, royalty-free, worldwide right and license to use, reproduce, disclose, sublicense, distribute, modify, and otherwise exploit such feedback without restriction.
    • 2.3 Customer Data. Customer hereby grants Anetac a worldwide, non-exclusive, royalty-free, right and license to use, control, process, store, reproduce, transmit, modify, create derivative works from, perform and display (“Process”) Customer Data and Performance Data (a) for the purpose of providing the Service to Customer and its Authorized Users during the term of this EULA and supporting Customer’s access to and use of the Solution and delivering services in accordance with this EULA, including but not limited to auditing, analytics and statistical purposes, error correction and creating reports and (b) during and after the term of this EULA, for operating, maintaining, and improving Anetac’s products and services, to troubleshoot, provide, administer, improve and enhance the Solution and for other development, diagnostic, security and corrective purposes, and in aggregate form only, not attributable to Customer, for research and marketing purposes. Customer shall retain all of its right, title and interest in and to Customer Data and all intellectual property rights therein.  Customer represents and warrants that it: (i) has all necessary rights, licenses, authorizations, and consents necessary to make the Customer Data available to Anetac and the Solution and to permit Anetac to use and exercise its rights in the Customer Data and Performance Data as set forth in this EULA and the Data Processing Addendum attached hereto; and (ii) that the Customer Data does not and will not, when used as contemplated hereunder, infringe, violate or misappropriate any intellectual property rights or other rights of any third party. Customer acknowledges that the Software is designed to allow Customer to connect or integrate the Service with the servers, systems, databases or hosting environments that are used by Customer (each, a “Customer Environment”) and that Customer is solely responsible for Customer Data and any Customer Environment that Customer elects to connect, integrate or have connected or integrated with the Service.  Customer represents and warrants that it has obtained all necessary consents, permissions, approvals, or licenses therefore.
    • 2.4 Protection against Unauthorized Use. Customer is responsible for maintaining the secrecy of any passwords that provide access to the Solution to Customer’s Authorized Users. Customer will use reasonable efforts to prevent any unauthorized access or use of the Solution and immediately notify Anetac in writing of any unauthorized access or use.  If there is unauthorized access or use by anyone who obtained access to the Solution directly or indirectly through Customer or its Authorized Users, Customer will take all steps reasonably necessary to terminate the unauthorized access or use.  Customer will cooperate and assist with any actions taken by Anetac to prevent or terminate unauthorized use of the Solution and remediate any issues resulting from, or related to, such unauthorized access or use.
    • 2.5 Compliance with Laws. Customer will, and will ensure that its Authorized Users will, use the Solution in compliance with all applicable laws and regulations, including, but not limited to, all laws that relate to the confidentiality, integrity, availability, and/or protection of personal information, electronic data privacy, trans-border data flow, or data protection. Customer will obtain all necessary consents, permissions, approvals, or licenses to use and permit Anetac to use the Customer Data in accordance with this EULA and all applicable laws.
    • 2.6 Other Services. If so indicated on an Order, subject to Customer’s timely payment of all applicable fees, Anetac will use commercially reasonable efforts to provide to Customer the onboarding and/or implementation services (collectively, “Onboarding Services”) identified in the applicable Order. Except as set forth on an Order, Customer is solely responsible for integrating the Solution with Customer’s, and any other applicable third party’s, systems, data or software.  Anetac will own all right, title and interest, including all intellectual property rights, in and to any work product developed by Anetac in the course of the Onboarding Services.  Nothing in this EULA shall be understood to prevent Anetac from developing similar work product for other customers.  Customer shall provide Anetac with materials, personnel and access (including, if applicable, remote access) to Customer’s systems and premises as reasonably requested by Anetac to provide the Onboarding Services.
  3. RESTRICTIONS; OWNERSHIP.
    • 3.1 License Restrictions. Without Anetac’s prior written consent, Customer must not, and must not allow any third party to: (a) make the Solution or any portion thereof available to third parties on an application services provider, service bureau, or similar basis; (b) conduct or disclose to any third party the results of any benchmarking, testing or comparative or competitive analyses of the Solution or any portion thereof done by or on behalf of Customer; (c) allow unauthorized persons to access or make the Solution or any portion thereof available in any form to anyone other than Customer’s Authorized Users; (d) sell, transfer or sublicense the Solution or any portion thereof to an affiliate or any third party, except as expressly permitted by Section 1; (e) use the Solution or any portion thereof in conflict with the terms and restrictions of this EULA or other requirements specified in the Order; (f) except to the extent mandated by applicable law (for example, for interoperability purposes), modify, translate, enhance, or create derivative works from the Solution or any portion thereof, or reverse engineer, decompile, disassemble, or otherwise attempt to derive source code from or reconstruct any elements of the Solution or any portion thereof; (g) translate, adapt, modify, reproduce, distribute, republish, display, post or transmit in any form or by any means the Solution or any portion thereof; (h) access the Solution or any portion thereof in order to build a similar or competitive product or service; (i) violate or circumvent any technological restrictions within the Solution or any portion thereof or interfere with, disrupt, or create an undue burden on servers or networks connected to the Service, or violate the regulations, policies or procedures of such networks; (j) attempt to gain unauthorized access to the Service (or to other computer systems or networks connected to or used together with the Service), whether through password mining or any other means; or (k) transmit unlawful, infringing, or harmful data, content or code to or from the Service.
    • 3.2 Ownership. All right, title and interest in the Solution and all improvements, enhancements, modifications and derivative works thereof, and all intellectual property rights therein, are and shall remain the sole and exclusive property of Anetac and its licensors as applicable. Nothing in this EULA constitutes a sale, transfer or conveyance of any title or ownership in the Solution or any portion thereof. Customer’s rights to use the Solution shall be limited to those rights expressly granted in this EULA and any applicable Order. Anetac reserves all rights not expressly granted to Customer.
    • 3.3 Third Party Software and Services. Although Customer may be able to connect to or otherwise access non-Anetac services, software or materials with the Solution, Customer acknowledge and agree that: (a) Anetac does not control and is not responsible for any such non-Anetac services, software or materials; (b) Anetac has no liability with respect to any use of non-Anetac services, software or materials; and (c) Customer is responsible for complying with any third party licenses and other terms applicable to the non-Anetac services, software or materials, including those applicable to any Customer Environments that are hosted or made available by a third party. Additionally, certain items of software may be provided to Customer with the Software that are subject to “open source” or “free software” licenses (“Open Source Software“). Third party Open Source Software is not subject to the terms and conditions of Sections 2 (Ownership). To the extent required by the applicable third party Open Source Software licensor, such third party Open Source Software will be governed by the applicable open source licenses and terms as made available upon request.  Nothing in this EULA limits Customer’s rights under, or grants Customer rights that supersede, the terms and conditions of the applicable license for the Open Source Software.
  4. ORDER; FEES.
    • 4.1 Order. Customer’s Order is subject to this EULA. No Orders are binding on Anetac until accepted by Anetac.
    • 4.2 Fees. Customer shall pay Anetac (or, if applicable, the Authorized Reseller) the amounts specified in each Order within thirty (30) days of the date of each Anetac (or, if applicable, the Authorized Reseller) invoice unless otherwise specified in the Order. All amounts shall be paid in U.S. dollars and shall be fully earned when paid and non-refundable. Except in the event of good faith disputes, all unpaid invoices past due are subject to late charges equal to the lesser of 1.5% per month or the maximum interest allowed by law.
    • 4.3 Authorized Reseller Orders. If Customer orders a subscription or license to the Solution through an Authorized Reseller, the terms of Customer’s order with such Authorized Reseller will control with respect to all pricing and fees; provided, however, that Anetac may suspend or terminate Customer’s access to the Solution if such Authorized Reseller has not paid Anetac the applicable fees relating to Customer’s order.
    • 4.4 Taxes. All fees and amounts set forth in the Orders are exclusive of taxes, levies, duties or charges imposed by government authorities (collectively, “Taxes”). Customer shall be solely responsible for all sales, service, value-added, use, excise, consumption, withholding and any other Taxes on amounts payable by Customer under the Orders (other than any taxes on Anetac’s income). If Customer is required to deduct or withhold any Tax under applicable law, Customer must pay Anetac an additional amount so that Anetac receives payment in the full amount due under the Order as if there were no deduction or withholding.
  5. RECORDS AND AUDIT. During the Subscription Term for the Solution and for one (1) year after its expiration or termination, Customer will maintain accurate records of Customer’s use of the Solution sufficient to show compliance with the terms of this EULA and the applicable Order(s). Anetac will have the right to audit Customer’s use of the Solution to confirm compliance with the terms of this EULA and the applicable Order(s). That audit is subject to reasonable notice by Anetac and will not unreasonably interfere with Customer’s business activities. Anetac may conduct no more than one (1) audit in any twelve (12) month period, and only during normal business hours. Customer will reasonably cooperate with Anetac and any third party auditor and will, without prejudice to other rights of Anetac, address any non-compliance identified by the audit by promptly paying additional fees. Customer will promptly reimburse Anetac for all reasonable costs of the audit if the audit reveals either underpayment of more than five (5%) percent of the fees payable by Customer for the period audited, or if Customer have materially failed to maintain accurate records of Solution
  6. SUPPORT. Anetac shall use commercially reasonable efforts to provide support for the Solution in accordance with Anetac’s policies and procedure for correcting verified, reproducible errors in the Solution. Customer acknowledges that it may not be possible for Anetac to correct every or any defect error or problem reported by Customer or of which Anetac is otherwise made aware.  For clarity, support does not include, and Anetac will not be required to provide any assistance related to:  (a) use of the Solution other than in accordance with the Documentation; (b) use of the Solution in violation of this EULA or any applicable Order; (c) issues that result from a force majeure event or any other factors beyond Anetac’s reasonable control; (d) any version of the Solution that has been discontinued, or (e) any on-site services or remote access service.
  7. DISCLAIMERS.
    • 7.1 Disclaimer of Warranty. THE SOLUTION IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ANETAC MAKES NO WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND ANY WARRANTY ARISING BY STATUTE, COURSE OF DEALING, PERFORMANCE OR USAGE OF TRADE. WITHOUT LIMITING THE FOREGOING: (a) ANETAC DOES NOT WARRANT THAT THE SOLUTION WILL OPERATE UNINTERRUPTED, THAT IT WILL BE FREE FROM DEFECTS, THAT THE SOLUTION PREVENTS THIRD PARTIES FROM CAUSING HARM OR GAINING UNAUTHORIZED ACCESS TO CUSTOMER’S COMPUTER SYSTEMS, OR THAT IT WILL MEET CUSTOMER’S REQUIREMENTS; (b) THE INFORMATION, SUGGESTIONS, OR OTHER RESULTS GENERATED THROUGH THE SOLUTION ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND CUSTOMER ASSUMES THE RISK OF USING ANY INFORMATION, SUGGESTIONS OR OTHER RESULTS GENERATED THROUGH THE SOLUTION; (c) EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN THE DATA PROCESSING ADDENDUM, ANETAC HAS NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MISDELIVERY, OR FAILURE TO STORE ANY CUSTOMER DATA; AND (d) ANETAC DOES NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION, SUGGESTIONS OR OTHER RESULTS GENERATED THROUGH THE SOLUTION.  NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ANETAC OR ITS PERSONNEL OR REPRESENTATIVES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF COMPANY’S OBLIGATIONS.
    • 7.2 Responsibility for Use. CUSTOMER, AND NOT ANETAC, SHALL BE SOLELY RESPONSIBLE FOR CUSTOMER’S AND ITS AUTHORIZED USERS’ USE OF THE SOLUTION, INCLUDING ANY USE OF THE INFORMATION, SUGGESTIONS OR OTHER RESULTS GENERATED THROUGH THE SOLUTION AND DECISIONS MADE OR ACTIONS TAKEN BASED ON THE FOREGOING.  CUSTOMER UNDERSTANDS AND AGREES THAT CUSTOMER’S AND ITS AUTHORIZED USERS’ USE OF THE SOLUTION, AND ANY INFORMATION, SUGGESTIONS OR OTHER RESULTS GENERATED THROUGH THE SOLUTION, ARE AT CUSTOMER’S OWN DISCRETION, AND THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, ANETAC IS NOT RESPONSIBLE FOR ANY DAMAGE TO CUSTOMER’S OR ANY THIRD PARTY PROPERTY, INCLUDING ANY CUSTOMER ENVIRONMENT, IN CONNECTION WITH THE FOREGOING OR ANY LOSS OF DATA.
  8. INDEMNIFICATION.
    • 8.1 By Anetac. Anetac shall (a) defend, or at its option settle, any claim brought against Customer by a third party to the extent it alleges that the Solution or Anetac’s technology used to operate the Service as authorized in this EULA during the Subscription Term constitutes a direct infringement of such third party’s intellectual property rights, and (b) pay, subject to the limitations set forth in Section 9, damages awarded in a final judgment (or amounts agreed in a monetary settlement) in any such claim defended by Anetac; provided that Customer provides Anetac with (1) prompt written notice of; (2) sole control over the defense and settlement of; and (3) all information and assistance reasonably requested by Anetac in connection with the defense or settlement of, any such claim.  If any such claim is brought or threatened, Anetac may, at its sole option and expense: (i) procure for Customer the right to continue to use the Solution or Service, as applicable; (ii) modify the Solution or Service, as applicable to make it non-infringing; (c) replace the Solution or Service, as applicable, with non-infringing technology having substantially similar capabilities; or (d) if none of the foregoing is commercially practicable, terminate the applicable Order(s) therefore and provide a pro-rata refund of any applicable prepaid fees for such terminated subscription. Notwithstanding the foregoing, Anetac will have no liability to Customer to the extent the Solution or Service was provided on a no charge, beta or evaluation basis, or for any claim arising out of or related to (I) the use of the Solution or Service in combination with software, technology, products or services not provided by Anetac, (II) Customer’s or its Authorized Users’ failure to use the Solution or Service in accordance with this EULA or otherwise comply with the terms of this EULA, or (III) any Customer Data, or (IV) any other data or materials obtained at the request of Customer. THIS SECTION STATES CUSTOMER’S SOLE AND EXCLUSIVE REMEDY AND ANETAC’S ENTIRE LIABILITY FOR ANY INFRINGEMENT CLAIMS OR ACTIONS.
    • 8.2 By Customer. Notwithstanding anything to the contrary in Section 1, Customer shall indemnify, defend and hold Anetac harmless from and against any claim brought against Anetac by a third party and any related losses or damages (including reasonable attorneys’ fees), to the extent such claim arises out of or relates to (a) any allegation that the use by or on behalf of Anetac in accordance with this EULA of the Customer Data and/or any data or materials obtained pursuant to a request from Customer infringes or misappropriates any third party’s rights or violates applicable laws, (b) anything described in subparts I-IV of Section 8.1 above, or (c) Customer’s violation or alleged violation of Section 2.5 or Section 2.3. Anetac will provide Customer with (i) prompt written notice of; (ii) control over the defense and settlement of; and (iii) all information and assistance reasonably requested by Customer in connection with the defense or settlement of, any such claim. Notwithstanding the foregoing, Anetac will at all times have the option to participate in any matter or litigation, including but not limited to participation through counsel of its own selection, if desired, the hiring of such separate counsel being at Anetac’s own expense.
  9. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL ANETAC BE LIABLE FOR ANY LOST PROFITS OR BUSINESS OPPORTUNITIES, LOSS OF USE, LOSS OF REVENUE, LOSS OF GOODWILL, BUSINESS INTERRUPTION, LOSS OF DATA, OR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES UNDER ANY THEORY OF LIABILITY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, PRODUCT LIABILITY, OR OTHERWISE. ANETAC’S LIABILITY UNDER THIS EULA AND THE APPLICABLE ORDER(S) WILL NOT, IN ANY EVENT, REGARDLESS OF WHETHER THE CLAIM IS BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EXCEED THE GREATER OF THE SUBSCRIPTION FEES PAID FOR THE SERVICE GIVING RISE TO THE CLAIM IN THE PRIOR TWELVE (12) MONTHS OR $1,000. THE FOREGOING LIMITATIONS SHALL APPLY REGARDLESS OF WHETHER ANETAC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
  10. TERMINATION.
    • 10.1 EULA Term. The term of this EULA begins on the date the Solution is first accessed by Customer and continues until expiration or termination of all Order(s) accepted by Anetac hereunder, unless earlier terminated in accordance with the terms of this EULA.
    • 10.2 Termination for Breach. Anetac may terminate this EULA effective immediately upon notice to Customer if: (a) Customer fails to pay any portion of the fees under an applicable Order within ten (10) days after receiving written notice that payment is past due; or (b) Customer breaches any other provision of this EULA and fail to cure within thirty (30) days after receipt of Anetac’s written notice thereof.
    • 10.3 Termination for Insolvency. Anetac may terminate this EULA effective immediately upon notice to Customer if Customer: (a) terminates or suspends Customer’s business; (b) become insolvent, unable to pay Customer’s debts, make an assignment for the benefit of creditors, or become subject to control of a trustee, receiver or similar authority; or (c) becomes subject to any bankruptcy or insolvency proceeding.
    • 10.4 Effect of Termination. Upon termination of this EULA: (a) all outstanding Orders, access to the Service and other rights to the Solution granted to Customer under this EULA shall immediately cease; (b) Customer must uninstall and delete all copies of the Software and Documentation; (c) if requested by Anetac, Customer must return or destroy any related Anetac Confidential Information in Customer’s possession or control and certify in writing that Customer has fully complied with these requirements; and (d) Anetac has no further obligation to store or permit the retrieval of any Customer Data or Performance Data, provided, however, that Anetac will be permitted to retain copies thereof in its discretion. Any provision will survive termination or expiration if by its nature and context it is intended to survive, including all definitions, any payment obligations incurred prior to termination and Sections 1, 2, 2.3, 3, 5, and 7 through 12.
    • 10.5 Delinquent Accounts; Suspension. Anetac reserves the right to suspend or terminate the Service or access to any other portion of the Solution in its sole discretion if any amount hereunder is due but unpaid until such time as all amounts due under this EULA and all applicable Order(s) are paid in full.  In addition to the amount due, Customer will be charged with fees or charges that are incidental to any chargebacks or collection of any such unpaid amounts including collection fees.  Additionally, Anetac reserves the right to suspend Customer and/or its Authorized Users’ access to the Service or any other part of the Solution at any time: (i) in the event that Anetac suspects in good faith that Customer or any of its Authorized Users is using the Service or any other portion of the Solution in violation of this EULA or the applicable Order, or (ii) if Anetac otherwise believes such action is reasonable to comply with any applicable law, regulation or court order.
  11. CONFIDENTIAL INFORMATION.
    • 11.1 Definition. Subject to Section 3, “Confidential Information” means information or materials provided by one party (“Discloser”) to the other party (“Recipient”) which is labeled “confidential” or the like, or information which a reasonable person knows or should know to be confidential. Without limitation, Customer Data and Anetac’s pricing, product roadmaps and Solution, as well as either party’s financial information, business plans, trade secrets, technology, and other proprietary information shall be considered Confidential Information.
    • 11.2 Protection. Recipient may use Confidential Information of Discloser solely to exercise its rights and perform its obligations under this EULA. Neither party shall disclose any Confidential Information of the other party, except to employees of the Recipient with a need to know, or to its advisors, or prospective investors or purchasers, each subject to a written obligation of confidentiality. Notwithstanding the foregoing, Anetac may disclose Customer Data to (i) Customer’s Authorized Users as permitted by the features and functionality of the Solution, and (ii) to Anetac’s service providers (such as Anetac’s hosting provider) so that these service providers can provide services on Anetac’s behalf, provided that such service providers are bound by confidentiality obligations. Additionally, Anetac may use and disclose Customer Data and Performance Data and feedback as permitted in Section 3. Recipient will protect Confidential Information from unauthorized use, access, or disclosure in the same manner as Recipient protects its own confidential or proprietary information of a similar nature, but with no less than reasonable care.
    • 11.3 Exceptions. Confidential Information does not include information Recipient can show by written records: (a) was already known to Recipient at the time of disclosure; (b) was disclosed to Recipient by a third party who had the right to make such disclosure without any confidentiality restrictions; (c) that is, or through no fault of Recipient has become, generally available to the public; or (d) was independently developed by Recipient without use of Discloser’s information.
    • 11.4 Compelled Disclosure. Notwithstanding Section 2, Recipient will be allowed to disclose Confidential Information to the extent that such disclosure is required by law, provided that Recipient (unless prevented by law) notifies Discloser of such required disclosure promptly in writing and cooperates with Discloser, at Discloser’s request and expense, in any lawful action to contest or limit the scope of such required disclosure.
    • 11.5 Data Privacy. Notwithstanding the foregoing, Customer agrees that Anetac and its service providers may Process Customer Data in accordance with the terms of the Data Processing Addendum between Anetac and Customer, a copy of which can be view at www.anetac.com.
  12. GENERAL.
    • 12.1 Transfers; Assignment. Customer shall not assign this EULA, any Order, or any right or obligation or delegate any performance herein without Anetac’s prior written consent, which consent will not be unreasonably withheld. Any other attempted assignment or transfer by Customer will be void. Anetac may freely assign this EULA and all Order(s) issued under this EULA without the written consent of Customer, including as part of a corporate reorganization, upon a change of control, consolidation, merger, reincorporation, sale of all or substantially all of its assets related to this EULA or a similar transaction or series of transactions. Subject to the foregoing, this EULA and all Orders will be binding upon and inure to the benefit of the parties and their respective permitted successors and assigns.  Anetac may use third party service providers or subcontractors to provide services to Customer, provided that Anetac remains responsible for the performance of the services.
    • 12.2 Notices. Any required notice shall be given in writing by customary means with receipt confirmed. Notices to Customer should be sent to the address set forth on the Order. Any notices delivered by Customer under this EULA will be delivered via both email to legal@Anetac.com and certified or registered mail to Anetac, Inc., 350 Second Street, Suite No. 9, Los Altos, CA 94022, United States of America, Attention: Legal Department.  Either party may substitute its address for notice by providing written notice thereof to the other party. Notices will be deemed to have been given at the time of actual delivery in person, 1 day after delivery to an overnight courtier service, or 3 days after deposit in the mail.
    • 12.3 Waiver. Failure to enforce any provision of this EULA or any Order will not constitute a waiver.
    • 12.4 Severability. If any part of this EULA or any Order is held unenforceable, the validity of all remaining parts will not be affected.
    • 12.5 Compliance with Laws; Export Control; Government Regulations. Each party shall comply with all laws applicable to the actions contemplated by this EULA and the Order. Without limiting the foregoing, the Customer acknowledges that the Solution is of United States origin, is provided subject to the U.S. Export Administration Regulations, may be subject to export control laws, and that distribution contrary to applicable export control laws is prohibited. Customer represent that (1) Customer and its Authorized Users are not, and are not acting on behalf of, (a) any person who is a citizen, national, or resident of, or who is controlled by the government of any country to which the United States has prohibited export transactions; or (b) any person or entity listed on the U.S. Treasury Department list of Specially Designated Nationals and Blocked Persons, or the U.S. Commerce Department Denied Persons List or Entity List; and (2) Customer will not permit the Solution to be used for any purposes prohibited by law, including, any prohibited development, design, manufacture or production of missiles or nuclear, chemical or biological weapons.
    • 12.6 Government Use. The Solution and accompanying Documentation are deemed to be “commercial computer software” and “commercial computer software documentation”, respectively, pursuant to DFARS Section 227.7202 and FAR Section 12.212(b), as applicable. Any use, modification, reproduction, release, performing, displaying or disclosing of the Solution and Documentation by or for the U.S. Government shall be governed solely by the terms and conditions of this EULA to the maximum extent permitted by law.
    • 12.7 Publicity. Customer authorizes Anetac to use Customer’s company’s name in any routine list of Anetac clients unless and until objected by Customer. With Customer’s prior written consent, Anetac may use Customer’s company as a reference, publicize in its marketing and advertising material, and may reproduce Customer’s company name, logo, trademark, trade name, service mark, or other commercial or product designations in connection therewith.
    • 12.8 Construction. The headings of Sections of this EULA are for convenience and are not to be used in interpreting this EULA. As used in this EULA, the word “including” means “including but not limited to”.
    • 12.9 Governing Law. This EULA is governed by the laws of the State of California (excluding its conflict of law rules) and the federal laws of the United States. The state and federal courts located in California will be the exclusive jurisdiction for all disputes arising out of or in connection with this EULA or any Order(s), and the parties hereby consent to personal jurisdiction thereof. The U.N. Convention on Contracts for the International Sale of Goods does not apply.
    • 12.10 Third Party Rights. Other than as expressly set forth in this EULA, this EULA and the Order(s) do not create any rights for any person who is not a party to it, and no person who is not a party to this EULA or any Order may enforce any of its terms or rely on any exclusion or limitation contained in it.
    • 12.11 Force Majeure. Except for the obligation to pay money, neither party will be liable for any failure or delay in its performance under this EULA or any Order due to any cause beyond its reasonable control, including without limitation an act of war, terrorism, act of God, earthquake, flood, embargo, riot, sabotage, labor shortage or dispute, governmental act or failure of the Internet.  The delayed party shall give the other party notice of such cause and shall use its reasonable commercial efforts to correct such failure or delay in performance.
    • 12.12 Order of Precedence. With respect to any inconsistency between this EULA and an Order, the terms of this EULA shall supersede and control over any conflicting or additional terms and conditions of any Order, acknowledgment or confirmation or other document issued by Customer, unless Anetac acknowledges in writing such terms specifically prevail. No preprinted or standard terms, provisions or conditions of any purchase order, acknowledgement or other business form that Customer may use in connection with the acquisition or licensing of the Solution shall have any effect on the rights, duties or obligations of the parties under, or otherwise modify, this EULA, regardless of any failure of Anetac to object to such terms, provisions or conditions.
    • 12.13 Entire Agreement. This EULA, including accepted Orders and any written amendments hereto, contain the entire agreement of the parties with respect to the subject matter hereof and supersede all previous or contemporaneous communications, representations, proposals, commitments, understandings and agreements, whether written or oral, between the parties regarding the subject matter hereof.