16. BOTH PARTIES AGREE TO THE FOLLOWING GENERAL PROVISIONS
Both parties acknowledge that Provider shall not be held liable for any failure, interruption, or delay in fulfilling its obligations under the Agreement if such events are beyond Provider’s reasonable control (“Force Majeure”). Force Majeure includes, but is not limited to, natural disasters (e.g., lightning, earthquakes, hurricanes, floods), wars, riots, government orders, terrorist activities, civil commotions, actions of third parties (including local exchange carriers, telephone carriers, wireless carriers, Internet service providers, cloud service providers), explosions, fires, epidemics, pandemics, public health emergencies, strikes, labor disputes, governmental decrees, and any other causes beyond the reasonable control of either party.
You agree to comply with all applicable federal laws, regulations, and rules, and fulfill all necessary requirements, including obtaining any required export license or governmental approval, that restrict or prohibit the export or re-export of the Services or any of Your Content outside the United States of America.
In connection with these Terms and your use of the Services, you commit to adhering to all applicable anti-corruption and anti-money laundering laws, statutes, and regulations, including the Foreign Corrupt Practices Act of 1977 and the UK Bribery Act 2010.
The Services provided are considered “commercial items” as defined in 48 C.F.R. 2.101 (October 1995), comprising “commercial computer software” and “commercial computer software documentation” as described in 48 C.F.R. 12.212 (Sept 1995). These Services are exclusively provided to the U.S. Government as a commercial end item, and the rights of U.S. Government End Users to access and use the Services are governed by 48 C.F.R. 12.212 and 48 C.F.R. 227.7202 (June 1995).
Any waiver of rights under this Agreement must be in writing by the party relinquishing such rights. No consent or waiver of a breach by one party, whether expressed or implied, shall be deemed as consent to, waiver of, or excuse for any other, different, or subsequent breach by that party.
If any provision of the Agreement is found unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in effect. Both parties agree that any unenforceable provisions shall be modified to the extent necessary to fulfill the objectives of the Agreement within the limits of applicable law.
Neither party may assign this Agreement or any rights or obligations under it, except in the case of a merger, acquisition, or sale of substantially all of its assets. Provider may transfer or assign its rights under this Agreement to an affiliate. Any attempted assignment in violation of this section shall be considered void. The Agreement shall be binding upon and inure to the benefit of the successors and permitted assignees of both parties.
Provider may use your name and logo for the sole purpose of identifying you as a customer, including listing your company’s name and logo on Provider’s website. Neither party shall reference the identity of the other party in its public marketing communications without prior written consent.
Both parties agree that any electronic notices, agreements, disclosures, or other communications sent by the other party shall fulfill all legal requirements for written communication. For communication to you, it shall be sent to the email address provided on your account, and for communication to Provider, it shall be sent to the applicable notice address specified in the Contracting Entity Table.