1. Definitions

1. "Aggregated Data" means data resulting from the aggregation, calculation, analysis or compilation of Customer Data, provided it is either (i) Anonymized Data, or (ii) data combined with data from other sources, including other clients or customers of Provider or third-party content.
2. "Anonymized Data" means any Customer Data and other data generated by the Software which have been processed through an industry-standard de-identification technology or method and which, as a result, does not relate anymore to an identified or identifiable natural or Customer. For the avoidance of doubts, Anonymized Data does not include Personal Data.
3. "Asset" means any hardware component, sensor, or electronic system integrated with an Equipment and equipped with connectivity capabilities (including wired or wireless technologies) that enable the automated collection, transmission, and processing of operational data. Such operational data may include, without limitation, temperature levels, cooking times, oil quality metrics, energy consumption, and machine performance indicators. The Asset may interface with external platforms or networks, including the Software, for purposes including remote monitoring, predictive maintenance, performance optimization, and compliance reporting.
4. "Confidential Information" means all information, technical data or know-how of Provider and/or its affiliates, which is furnished to User orally, in written or tangible form in connection with this EULA. Confidential Information includes, but is not limited to, customer lists, marketing plans, business strategies, information pertaining to technology, proposals, contracts, methods, formulas, processes, models, algorithms, designs, workflows, recipes, specifications, developments, innovations, inventions, improvements, concepts, trade secrets, prototypes, samples, drawings, plans, documentations, technical and/or financial information, data and databases, source code, software, and know-how.
5. "Customer" means the corporate entity which authorizes you to access and use the Software and which pay the applicable fees to Provider to obtain the rights to use and access the Software through Users, and who may from time to time enter into an applicable Customer Agreement.
6. "Customer Agreement" means any applicable agreements governing Customer's or User's authorized use and access to the Software entered into by Customer and Provider from time to time, before or after User's first access and use of the Software, and which shall govern all or part of User's right to access and use the Software, including any order form that sets forth, among other things, the elements of the Software to which Customer is subscribing which are to be provided to Customer, the fees associated therewith, and, where applicable certain additional terms and conditions applicable to the Software or services being ordered.
7. "Customer Data" means all data and information generated, uploaded, transferred, or utilized by the authorized Users in the course of utilizing the Software. This includes data produced by the Equipment that will be connected to the Software, as well as files, documents, messages, inputs to applications, configurations and settings created or modified by authorized Users. Additionally, it includes all data and information generated by or related to authorized Users, including any information created, collected, or provided by individuals interacting with the Software. Specifically, Customer Data may include, but is not limited to, personal details, usage patterns, statistical data, and other forms of data generated or provided in the course of using the Software.
8. "Documentation" means the user manuals, technical specifications, and other written and electronic materials destined to User describing the functionality, features, and operating characteristics, maintenance, operation, and use of the Software, as provided or made available by Provider to you.
9. "Equipment" means any kind of equipment, machine, device, apparatus, instrument, appliance, tool, fixture, part and attachment thereof, located in a Facility, which may be used or intended to be used in conjunction with one or more Assets.
10. "Facility" means a physical facility where Customer conducts operations and where one or more Asset is located. Customer may have multiple Equipment operating in multiple Facilities which are all connected to the Software.
11. "Intellectual Property" means (a) any and all proprietary rights provided under patent law, copyright law (registered and unregistered copyrights and unpublished work of authorship), trademark law, design patents or industrial design law, semiconductor chip law, or (b) any other statutory provision or common law principle applicable to the protection of intangible proprietary information or rights, including trade secret law, which may provide a right in either idea, formula, algorithm, concept, invention, or know-how generally, or (c) the expression or use of such ideas, formulae, algorithms, concepts, inventors or know-how, and any and all applications, registrations, licences, sub-licences, continuation, reissues, extensions, franchises, agreements or any other evidence of a right in any of the foregoing.
12. "Open-Source Software" means any software licensed under Open-Source Software Licence terms.
13. "Open-Source Software Licence Terms" means the licensing and/or distribution models commonly known as "open-source software" or "free software" or any other licensing and/or distribution models pursuant to which software is made generally available to the public in source code form under terms that permit modification and redistribution of such software.
14. "Personal Data" means any information that would meet the definition of "personal information" or "personal data" (or similar nomenclature) under applicable law and that is (i) submitted through the Software by User (ii) collected or generated by the Software about User.

2. Relationship Between You, Customer and Us

1. Customer can grant right of access to Users. You acknowledge and agree that Customer may (1) terminate, suspend or allocate access to Users without our intervention and (2) control some of the functionalities of the Software for Users. You agree that it is solely Customer's responsibility to (a) inform you of its policies and practices; (b) obtain any rights, permissions or consents required for us to provide the Software and (c) resolve any dispute with you regarding your use and access of the Software.
2. You may also be subject to additional terms and conditions that may apply to your use of the Software, including the Provider's privacy policy [https://www.resfab.com/privacy-policy/] and any other policies or agreements that Provider determines are applicable to Customer and Users, as may be updated by Provider from time to time. Provider will provide you with commercially reasonable notice of the entering into force of such additional terms and conditions. Continued use and access of the Software after the expiry of this commercially reasonable notice will be deemed acceptance of these terms and conditions.

3. Registration

1. Our Software is not intended for anyone under the age of 21 years old pursuant to applicable laws.
2. When using our Software, you will be required to create an online identifier and a password to access your account with us (the "Registration Data"). You agree that you are responsible for any claims, damages, losses, costs or other liabilities resulting from or caused by any failure to maintain the confidentiality of your Registration Data, and in particular, of your password, whether such failure occurs with or without your knowledge or consent. You may never use another User's Registration Data for the Software. You are responsible for all uses of your account, whether or not authorized by you. If you become aware of any unauthorized access or use of your Registration Data, you agree to notify us without undue delay at [email protected].

4. Acceptable Use

You shall not and shall not permit any other person to access or use the Software or Documentation except as expressly permitted by this EULA and, in the case of Third-Party Services (as defined below), the applicable third-party licence agreement. For purposes of clarity and without limiting the generality of the foregoing, you shall not, except as this EULA or applicable Customer Agreement expressly permits:

1. "frame," distribute, rent, lease, sublicence, assign, distribute, publish, transfer resell, permit access, provide login information, or otherwise make available the Software or the Documentation to any person other than for its intended purposes, including service bureau, time-sharing purposes, software as a service, cloud, or other technology or service;
2. use the Software other than in compliance with applicable laws, this EULA and any applicable Customer Agreement;
3. interfere with the Software or disrupt any other user's access to the Software or other services offered by Provider;
4. share non-public features or content of the Software with any third party;
5. reverse engineer, disassemble, decompile, decode, adapt, attempt to gain unauthorized access to the Software, or otherwise attempt to discover the underlying source code or structure of, or otherwise copy or attempt to copy the Software;
6. copy, modify, or create derivative works or improvements of the Software or the Documentation;
7. upload or transfer to the Software any content or data that is defamatory, harassing, discriminatory, infringing of third-party Intellectual Property, or unlawful;
8. upload or distribute any files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Software;
9. bypass or breach any security measures, security device, or protection used by the Software or Documentation or access or use the Software or Documentation other than by a User through the use of their own then valid access credentials;
10. probe, scan, test the vulnerability of, or circumvent any security mechanisms used by the sites, servers, or networks connected to the Software, except if performed by an independent security firm approved by both Parties;
11. transfer to the Software or otherwise use on the Software any routine, device, code, exploit, or other undisclosed feature that is designed to delete, disable, deactivate, interfere with or otherwise harm any software, program, data, device, system or service, or which is intended to provide unauthorized access, or to produce unauthorized modifications to the Software;
12. take any action that imposes an unreasonably or disproportionately large load on the sites, servers, or networks connected to the Software or used by Provider to provide the Software;
13. access or use, or attempt to do so, any other Provider's customers' or their users' data through the Software;
14. damage, destroy, disrupt, disable, impair, interfere with, or otherwise impede or harm in any manner the Software, Provider's systems, or Provider's provision of services to any third party, in whole or in part;
15. use any robot, spider, data scraping, or extraction tool or similar mechanism directly or indirectly in connection with the Software;
16. remove, delete, alter, or obscure any trademarks, warranties, or disclaimers, or any copyright, trademark, patent, or other Intellectual Property or proprietary rights notices from the Software, the Documentation, or other aspects of the Software, including any copy thereof;
17. access or use the Software or Documentation in any manner or for any purpose that infringes, misappropriates, or otherwise violates any Intellectual Property or other rights of any third party or that violates any applicable laws;
18. access or use the Software or Documentation for purposes of competitive analysis of the Software or Documentation, the development, provision, or use of a competing software service or product in conjunction with the Software that is to Provider's detriment or commercial disadvantage.

(Collectively, the "Abuses").

You agree and acknowledge that an indirect or attempted violation of this Section shall be considered an Abuse. If we discover that you have committed an Abuse or are planning to commit an Abuse or otherwise encourage or facilitate the commission of an Abuse, we may suspend your access to the Software without any prior notice.

5. Grant of Licenses

Subject to payment in full of the fees due to Provider by Customer and compliance with this EULA and any other applicable Customer Agreement by you and Customer, we grant you, for the term specified in section 14, a limited non-exclusive, non-sublicensable, non-transferable and revocable right to access and use our Software and the Documentation granted to the Customer, solely for the Customer's internal business operations. All rights not expressly granted hereunder are reserved by us. You may not sell, transfer, sublicense, publicly disclose or otherwise make available the Software to any third party.

6. Updates

Provider may, in its sole discretion, make modifications, updates or upgrades to the Software or the Documentation (each, an "Update"). If you accept an Update, the terms of this EULA apply to all such Updates. You acknowledge and agree that if you do not accept an Update, Provider shall not be responsible for any security vulnerabilities in or improper functioning of the Software and any losses arising therefrom and shall not be responsible for any claim, damage, loss (including of data), cost or other liability arising from your use of the Software. Notwithstanding the foregoing, Provider has no obligation to provide Updates to the Software apart from those provided in an applicable Customer Agreement, if any.

7. Intellectual Property

1. We are the sole and exclusive owner of all the Intellectual Property that relates to the Software or the Documentation, including without limitation, any enhancements, improvements, modifications, updates, or upgrades to, or derivative works of, the Software or the Documentation. We do not grant you any rights, implied or otherwise, to our Intellectual Property. You may make suggestions, enhancement requests, recommendations or other feedback, which may include new functional features ("Feedback"). We will be the sole owner of such Feedback and any improvement to our Intellectual Property based on such Feedback and you hereby assign to us, without limitation of any kind, all rights, titles and interests therein. You agree to perform such acts, and execute and deliver such instruments and documents, and do all other things as may be reasonably necessary to evidence or perfect the rights of Provider set forth in this section.
2. Nothing contained in this EULA shall prevent us from using, selling, transferring, manufacturing, commercializing or licensing the Software, or any portion thereof, in any form or manner, or from making the Software, or any portion thereof, available to any other entity or person at any time and for any purpose.
3. You may not use our name or any logo, trademark, service mark, business name, trade name, domain name or social media account name or handle owned or licensed by us or generally speaking, our brand features, whether registered or not, and including any good or services will associate therewith, in any manner without our prior written consent.
4. You understand and agree that Provider reserves the right (but does not have the obligation) to edit, modify or remove your content or content owned by Customer being hosted by Provider, including for violations of the above standards or to remedy any Abuses.

8. Ownership and Transmission of Data

1. Provider hereby confirms that Customer who authorized you to access and use the Software is and will remain the sole and exclusive owner of all right, title, and interest in and to all Customer Data (except Personal Data), including all Intellectual Property relating thereto, subject to the rights and permissions granted in this EULA or any applicable Customer Agreements. You hereby unconditionally and irrevocably assign, and represent that you are authorized to bind Customer to unconditionally and irrevocably assign, to Provider all right, title, and interest in and to the Aggregated Data, including all Intellectual Property relating thereto. The processing of your Personal Data is exclusively governed by Section 11 of this EULA.
2. You represent that you are authorized to bind Customer to grant all such rights and permissions in or relating to Customer Data as are necessary or useful to Provider or its subcontractors to enforce this EULA or any applicable Customer Agreement and exercise Provider's and its subcontractors' rights and to perform their respective obligations hereunder.
3. You represent that you are authorized to bind Customer to accept that the transmission of Customer Data to the Software will begin automatically as soon as an Asset installed on an Equipment and integrated into the Software connects to an Internet network. You will be prompted to accept the terms of this EULA prior to beginning the transmission of Customer Data, but you are hereby advised that such transmission of Customer Data to the Software may begin without further notice to you or Customer, this provision constituting the entire notice from Provider to you. To the extent that Customer did not accept the terms of an applicable Customer Agreement prior to the first transmission of Customer Data to the Software, but a User did accept the terms of this EULA, you hereby accept that the terms of this EULA apply from the time of this first connection and anytime thereafter, unless terminated in accordance with the provisions of this EULA.

9. Open-Source Software

The Software may contain Open-Source Software. The terms and conditions governing your use of such Open-Source Software shall be in accordance with the Open-Source Software Licence Terms associated with such Open-Source Software.

10. Third Party Services and Content

1. The Software may allow you to access and use services provided by third parties ("Third Party Services"). Your use of any Third-Party Services is at your own risk. Provider makes no representations or warranties with respect to, nor does it guarantee or endorse, any Third-Party Services. Provider does not guarantee the continued availability of Third-Party Services, and Provider may disable a Third-Party Service in Provider's sole discretion. Your dealings with the provider of any Third-Party Services are solely between you and the provider. Accordingly, Provider expressly disclaims responsibility and liability for all Third-Party Services, and you agree that Provider shall not be responsible for any loss or damage of any sort incurred as a result of any such dealings or as a result of your use of Third-Party Services. If you have any issues with a Third-Party Service, you must contact the provider of the Third-Party Service directly.
2. The Software may provide links to other sites on the Internet for your convenience in locating or accessing related information, products, and services. These sites have not necessarily been reviewed by Provider and are maintained by third parties over which Provider exercises no control. Accordingly, Provider expressly disclaims any responsibility for the content, the materials, the accuracy of the information, and/or the quality of the products or services provided by, available through, or advertised on these third-party websites. Moreover, these links do not imply an endorsement with respect to any third party or any website or the products or services provided by any third party.

11. Personal Data

1. The Customer remains responsible for the processing of your Personal Data. We act as a service provider and processes such Personal Data only on the Customer's documented instructions and as necessary to provide, maintain, and secure the Software. For any inquiry related to your Personal Data, please contact the Customer.
2. You agree and acknowledge that Provider uses, collects and discloses Personal Data in accordance with our Privacy Policy [https://www.resfab.com/privacy-policy/], as amended from time to time.

12. Disclaimers

1. You are solely responsible for the content, accuracy, completeness and lawfulness of the data that you upload, download, install, or otherwise process through our Software. We take no responsibility for the content, accuracy, completeness and lawfulness of such data. The Software are provided on an "as is" basis. To the maximum extent permitted by law, and other than as specifically provided in an applicable Customer Agreement to the contrary, we make no other representations, conditions, warranties or guarantees, express or implied, regarding the accuracy, reliability or completeness of the Software. We expressly disclaim any and all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. We do not warrant that the Software will be uninterrupted or error free. We do not make any warranty as to the results that may be obtained from the use of the Software. You hereby waive your rights in any of the foregoing warranties, representations or conditions, whether express or implied.
2. We do not operate the networks of, or have any control over the operations of, the wireless or other communications service providers through which you may access the Software. Accordingly (i) we disclaim all responsibility and liability for or relating to your use of any such providers to access the Software, and (ii) we cannot guarantee the privacy or security of wireless data transmissions. You should consult your Internet service provider about their privacy and security practices.
3. No oral advice or written or electronically delivered information given by us, our affiliates, our officers, directors, employees, agents, providers, merchants, sponsors, licensors or the like shall create any warranty.

13. Confidential Information

1. You acknowledge that you may be exposed to or acquire information in connection with the Software that classifies as our Confidential Information. For the purpose of this EULA, Confidential Information shall not include information which you can demonstrate:
   1. is generally known or available publicly, including information which becomes generally known through no fault or breach of yours;
   2. was known by you prior to receiving the Confidential Information from us as evidenced by your prior written records;
   3. is independently developed by you without the direct or indirect use of our Confidential Information as evidenced by your prior written records;
   4. is lawfully obtained from a third party without violation of a confidentiality obligation towards us.
2. You agree to keep our Confidential Information as confidential, subject to applicable laws, and apply no less than reasonable care to prevent unauthorized access, use or disclose of our Confidential Information, and you shall not use our Confidential Information for any purposes other than the authorized purposes under the EULA or any other applicable Customer Agreement. You shall not use our Confidential Information to develop competitive services or products, or allow, directly or indirectly, third parties to develop such competitive services or products. You agree that the confidentiality obligations set forth in this Section will survive for as long as applicable information meets the definition of Confidential Information.

14. Limitation of Liability

1. IN NO EVENT WILL PROVIDER BE LIABLE TO YOU FOR ANY INCIDENTAL, INDIRECT, CONSEQUENTIAL, COVER, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, LOST REVENUES OR PROFITS) (I) ARISING FROM OR RELATING TO THIS EULA OR ACCESS TO AND USE OF THE SOFTWARE, REGARDLESS OF WHETHER PROVIDER WAS ADVISED, HAD OTHER REASON TO KNOW, OR IN FACT KNEW OF THE POSSIBILITY THEREOF; AND (II) EXCEPT IN THE EVENT OF GROSS NEGLIGENCE, INTENTIONAL MISCONDUCT OR FRAUD, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, PROVIDER'S TOTAL LIABILITY TO YOU FOR ANY DAMAGES ARISING OUT OR IN CONNECTION WITH THIS EULA, WHETHER ARISING BY STATUTE, CONTRACT TORT OR OTHERWISE, WILL NOT EXCEED FIFTY US DOLLARS ($50). NO ACTION, REGARDLESS OF FORM, ARISING FROM OR PERTAINING TO THIS EULA MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER SUCH ACTION HAS ACCRUED.
2. USER OR CUSTOMER WILL DEFEND, INDEMNIFY AND HOLD HARMLESS PROVIDER AND ITS SUBSIDIARIES AND RELATED COMPANIES, AND THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS AND AGENTS AGAINST ALL ACTIONS, PROCEEDINGS, DEMANDS, CLAIMS, LIABILITIES, LOSSES, DAMAGES, JUDGMENTS, COSTS AND EXPENSES (INCLUDING, BUT WITHOUT LIMITATION, REASONABLE LEGAL FEES) IN ANY WAY ARISING FROM OR RELATING TO: (A) USER'S BREACH OF THIS EULA, USER'S BREACH OF APPLICABLE LAWS, USER'S NEGLIGENCE, AND/OR USE OF USER'S ACCOUNT BY A THIRD PARTY NOT AUTHORIZED BY PROVIDER OR BY YOU.

15. Term and Termination

1. This EULA shall become effective upon your initial acceptance of this EULA and shall remain in force for the period set out in an applicable Customer Agreement, or in the absence of a Customer Agreement, for as long as Customer continues to pay the applicable fees to Provider in full, and for any renewal or extension thereof (the "Term").
2. This EULA may be terminated immediately by the Provider or a non-defaulting party if any of the following events of default occurs: (i) if a User materially fails to perform or comply with the provisions of this EULA or another applicable Customer Agreement, and the User does not cure such failure within ten (10) days of the User being informed of the failure; (ii) if any other applicable Customer Agreements governing your use and access to the Software expires or terminates in accordance with its termination provisions; (iii) if User commits an Abuse; (iv) if a party becomes insolvent or admits in writing its inability to pay its debts as they mature, or makes an assignment for the benefit of creditors; (v) if a petition under any bankruptcy act, receivership statute, or the like, as they now exist, or as they may be amended, is filed by a party; or (iv) if such a petition is filed by any third party, or an application for a receiver is made by anyone and such petition or application is not resolved favourably within ninety (90) days.
3. As of the effective date of termination or expiration of the EULA, you shall cease all use of the Software and the Provider will revoke all your right of access and use. Upon the termination or expiration of the EULA, you must immediately uninstall, delete or return any Software and Documentation to Provider.
4. Upon expiration or termination of this EULA for any reason, and subject to any applicable legal retention obligations, the Provider shall, upon User or Customer's written request made within a reasonable period following such termination, return to Customer or make available for secure download all Customer Data then in the Provider's possession or control, in a commercially reasonable format. Following completion of such return, the Provider shall permanently delete or anonymize any remaining copies of Customer Data within a reasonable timeframe, except to the extent retention is required by law or solely for legitimate internal archival, audit, or compliance purposes, in which case such retained data shall remain subject to the confidentiality and data protection obligations set forth in this EULA.

16. Export Control

This EULA is subject to applicable export control laws and regulations. You may not export, re-export, sell, transfer, divert or otherwise dispose of our Software in any destination which is restricted or prohibited by the country in which you are located or other applicable jurisdictions. You agree not to use the Software to disturb international peace or for other purposes which are restricted by international treaties and applicable export control laws.

17. Governing Laws and Jurisdiction

For Users located in the U.S. Only – This EULA shall be governed by and construed in accordance with Delaware laws, without giving effect to any choice or conflict of law provision or rule (whether in Delaware or any other jurisdiction) that would cause the application of laws of any jurisdiction other than those of Delaware. Any legal suit, action or proceeding, arising out of this EULA or any transactions hereunder shall be instituted exclusively in state or Federal courts located in the Delaware, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action or proceeding.

FOR USERS LOCATED IN THE U.S. ONLY – Any proceedings to resolve or litigate any dispute, controversy or claim arising under, out of, in connection with, or related to (i) the Software or the Documentation, or (ii) this EULA, any applicable Customer Agreement governing your use and access to the Software, or their subject matter, negotiation, performance, renewal, termination, interpretation, or formation, will be conducted solely on an individual basis. To the fullest extent permitted by law, you will not seek to have any such dispute heard as a class action, private attorney general action, or in any other proceeding in which either party acts or proposes to act in a representative capacity. No proceeding will be combined with another without the prior written consent of Provider. If this class action waiver is found to be illegal or unenforceable as to all or some parts of a dispute, then this section will not apply to those parts.

For Users Located in Canada – This EULA shall be governed by and construed in accordance with the laws of the Province of Quebec and the federal laws of Canada applicable therein, without giving effect to any choice or conflict of law provision or rule (whether in Canada or any other jurisdiction) that would cause the application of laws of any jurisdiction other than those of the Province of Quebec. Any legal suit, action or proceeding, arising out of this EULA or any transactions hereunder shall be instituted exclusively in the judicial district of Montreal, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action or proceeding.

18. Miscellaneous

1. Entire Agreement. This EULA and all other documents incorporated herein by reference constitute the Parties' entire agreement concerning the subject matter hereof, and supersede any other prior and contemporaneous communications. The preceding paragraph may not apply to a User who acts on behalf of an entity that has entered into a separate Customer Agreement with Provider. If this is the case and the right to access and use the Software may also be governed by such Customer Agreement, then: (i) the terms and conditions contained in the Customer entered into by Provider and Customer shall prevail in the event of any inconsistency with this EULA; and (ii) that separate Customer Agreement and this EULA shall be considered to supplement and complement each other to the extent that there is no inconsistency between their respective terms and conditions. In the absence of a separate Customer Agreement between Provider and the User, the terms and conditions of this EULA shall govern the User's access and/or use of the Software.
2. Severability. If any provision of this EULA is in violation of any governmental statute or regulation, or is illegal for any reason, said provision shall be self-deleting without affecting the validity of the remaining provisions.
3. Waiver. The waiver of a breach of any provision of this EULA will not operate or be interpreted as a waiver for any other or subsequent breach.
4. Force Majeure. We shall not be liable for delays in or failure of performance hereunder due to causes beyond our reasonable control, including, but not limited to, acts of God or public enemy, acts of government in either its sovereign or contractual capacity, flood, earthquake or other natural disaster, strike or other labour disputes, epidemic, pandemic, acts of war, acts of civil disobedience, denial-of-services and distributed-denial-of-services, ransomware and other cyber-attacks, or failure or delay in telecommunications, utilities, or internet.
5. Assignment. We may assign this EULA, in whole or in part, at any time without notice to you. You may not assign this EULA, or part of it, to any other person without our prior written approval. Any attempt by you to do so is void. You may not transfer to anyone else, either temporarily or permanently, any rights to use the Software or any part of the Software.
6. Injunction. You acknowledge that any breach, threatened or actual, of this EULA or any applicable Customer Agreement governing your use and access to the Software may cause irreparable harm to Provider, such harm would not be quantifiable in monetary damages, and Provider may not have an adequate remedy at law. To the fullest extent permitted by law, you agree that Provider shall be entitled, in addition to other available remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction anywhere in the world restraining any breach, threatened or actual, of your obligations under any provision of this EULA or any applicable Customer Agreement governing your use and access to the Software, and without the necessity of showing or proving any actual or threatened damage or harm, notwithstanding any rule of law or equity to the contrary. You hereby waive any requirement that Provider posts any bond or other security in the event any injunctive or equitable relief is sought by or awarded to Provider to enforce any provision of this EULA or any applicable Customer Agreement governing your use and access to the Software.