Summary Judgment

AUTHORIZED USER LICENSE AGREEMENT FOR ALL

SUMMARY JUDGMENT® SOFTWARE & SERVICES

IMPORTANT – READ CAREFULLY BEFORE CREATING AN ACCOUNT

This Authorized User License Agreement (“AULA”) is a binding legal agreement between Summary Judgment LLC and the Subscriber for access and use of Summary Judgment LLC’s software and services.

BY LOGGING IN WITH YOUR USERNAME & PASSWORD THE SUBSCRIBER AND ALL OTHER AUTHORIZED USERS ON THE SUBSCRIBER’S ACCOUNT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AULA.

IF YOU, THE SUBSCRIBER, DO NOT AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THE AULA, YOU AND ALL OTHER AUTHORIZED USERS ON YOUR ACCOUNT WILL NOT BE PERMITTED ACCESS TO OR USE OF ANY OF THE SOFTWARE & SERVICES PROVIDED TO YOUR ACCOUNT.

AUTHORIZED USER LICENSE AGREEMENT FOR ALL

SUMMARY JUDGMENT® SOFTWARE & SERVICES

This Authorized User License Agreement (AULA) is entered into by and between SUMMARY JUDGMENT LLC, a Massachusetts limited liability company with a principal place of business located at 134 Main Street, Watertown, MA 02472; and You, the Subscriber, who has created an online account for access to and use of Summary Judgment LLC’s proprietary legal case and practice management software and services (hereinafter referred to alternatively as “the Subscriber” or “You”).

Section I. Recitals

1.1 Summary Judgment LLC (hereinafter Summary Judgment®) is the developer and proprietary owner of a cloud-based legal case and practice management software application, and related services, called “Summary Judgment®.”

1.2 The Subscriber hereby requests access to Summary Judgment®’s Software & Services as governed by this AULA, and agrees to be bound by all of its terms and conditions.

Section II. Definitions

2.1 Software & Services. The software and services provided by Summary Judgment® to the Subscriber and Authorized Users on the Subscriber’s account. Any and all related hardware and software used by Summary Judgment®, including any of its third party providers, to deliver its Software & Services to the Subscriber and Authorized Users, and store Subscriber Data.

2.2 Subscriber. The Subscriber (e.g., a sole practitioner attorney or other individual; a law firm; a law school or other institution or entity) which has “created” a Summary Judgment® online account for access to and use of Summary Judgment®’s Software & Services, and by clicking to “accept” the terms and conditions of this AULA.

2.3 Authorized User(s). Other members of the Subscriber’s law practice or firm (or, in the case of an institution or other legal entity, other members of that institution or legal entity) whom the Subscriber has added to the account as Authorized Users, subject to approval by Summary Judgment®, in its sole discretion. “Members” may include partners, owners, shareholders, officers, directors, agents, servants or employees (e.g., independent contractors, other agents or representatives affiliated with the Subscriber).

2.4 Administrator(s). The Subscriber and/or other Authorized User(s) designated by the Subscriber to administer the Subscriber’s account (e.g., manage, control, supervise) access to and use of the Software & Services furnished to the Subscriber’s account. Any Administrator shall have full authority to manage the account on behalf of the Subscriber and all other Authorized Users (e.g., the authority to request cancelation of an Authorized User’s Username and Password, if the Administrator intends to terminate that Authorized User’s ability to access and use the Software & Services furnished to the account). Provided, however, only the Subscriber shall have the power to cancel or otherwise terminate the account itself, which directive to cancel or terminate shall be in writing, dated and signed by the Subscriber and delivered to Summary Judgment®. Subscriber’s notice of termination shall become effective as specified in Section 3.8 below.

2.5 Subscriber Data. Any information or content that the Subscriber or Authorized Users sends to (i.e, “uploads” or “posts”), or otherwise stores, on Summary Judgment®’s servers.

2.6 Intellectual Property Rights. All title and intellectual property rights in and to the Software & Services including, but not limited to, any computer code; HTML Style Sheets; User Interface design, operation, navigation, look and feel; proprietary text, forms, templates, images, photographs, animations, video, audio, or music incorporated therein; the accompanying printed materials, if any; and any copies of the software owned by Summary Judgment® or its third party providers. This AULA does not grant the Subscriber or Authorized Users any rights in any trademarks or service marks of Summary Judgment® or its third party providers. All title and intellectual property rights in and to content that is not Subscriber Data and which is not contained in the Software & Services, but may be accessed through use of the Software & Services, is the property of the respective content owners and may be protected by applicable copyright or other intellectual property laws and treaties. All rights not specifically granted under this AULA are reserved by Summary Judgment® and its third party providers.

2.7 Confidential Information. All confidential and proprietary information of Summary Judgment® or of the Subscriber which has been disclosed to the other party, whether orally, in writing or otherwise, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure. In the case of Summary Judgment® its Confidential Information shall include, without limitation, all of its Intellectual Property as defined in subsection 2.6 above, together with any and all text, forms, templates and other content included in the Summary Judgment® application; and all methods or processes of legal practice or case management contained therein, whether the same is protected by patent or copyright laws or not. In the case of the Subscriber, Confidential Information shall mean Subscriber Data sent to or stored on Summary Judgment®’s servers. Provided, however, Confidential Information shall not include any information that: (i) is or becomes generally known to the public without breach of any obligation owed to the party who disclosed it; or (ii) was known to the receiving party prior to disclosure by the other party without breach of any obligation owed to the disclosing party; or (iii) was independently developed by the receiving party without breach of any obligation owed to the disclosing party; or (iv) is received from a third party without breach of any obligation owed to the disclosing party.

2.8 Support Services. Technical support or training for the Software & Services which Summary Judgment® agrees to provide to the Subscriber and Authorized Users on the account.

2.9 Updates. Any error correction, enhancement, new release or other modification to the Software & Services which Summary Judgment® makes generally available to its customers.

2.10 Internet Security. Methods, processes and protocols utilized to make Subscriber Data safe and secure when being uploaded or downloaded via the Internet.

Section III. Terms and Conditions

3.1 Restricted License. The Software & Services is protected by intellectual property laws and treaties. The Software & Services is licensed, not sold to the Subscriber. The Subscriber is granted a non-exclusive, non-transferable restricted license for access and use of the Software & Services, subject to all of the terms and conditions of this AULA.

3.2 Prohibited Acts. The Subscriber and Authorized Users of the Subscriber’s account agree not to do the following acts without prior written consent of Summary Judgment®, in its sole discretion:

a) Reverse Engineering. You agree not to reverse engineer, decompile, or disassemble any aspect of the Software & Services specifically including, without limitation, any computer code; HTML Style Sheets; User Interface design, operation, navigation, look and feel; proprietary text, forms, templates, images, photographs, animations, video, audio, or music incorporated therein; the accompanying printed materials, if any; and any copies of the software owned by Summary Judgment® or its third party providers; except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.

b) Duplication. You agree not to duplicate, copy, sell, resell or otherwise commercially exploit the Software & Services, other than for the direct use of the Subscriber and its Authorized Users. You may not rent, lease, lend, or provide commercial hosting services to third parties with the Software & Services.

c) Replication of Subscriber Data for Backup Storage. Notwithstanding subsection (b) above, You may elect at regular intervals to replicate your Subscriber Data on your own servers or other storage devices, or on third party servers or other storage devices of your own choosing, at your sole cost and liability; and You agree to indemnify and hold Summary Judgment® from any and all claims, demands, actions or other liabilities relating to or otherwise arising therefrom, specifically included breaches of legal client confidentiality, privacy rights or privilege; HIPAA compliance; or other Internet security violation of law or ethics. Any costs associated with Summary Judgment® furnishing Subscriber Data in connection with such replication shall be the responsibility of the Subscriber. Upon request Summary Judgment® shall be entitled to payment in advance, or reimbursement, at Summary Judgment®’s sole discretion, for such costs as a condition of making Subscriber Data available for replication.

d) Intellectual Property Infringement. You agree not to use the Software & Services in any manner which may infringe the intellectual property rights (e.g., copyright, patent, common law or treaties, U.S. or foreign) of Summary Judgment® or third parties.

e) Spam; Other Destructive Data or Text. You agree not use to the Software & Services to upload or otherwise transmit or store unsolicited “spam” (i.e., unsolicited bulk email); computer worms, viruses, malware or any other data, text, or code of a dangerous or destructive nature. You agree not to transmit or store any malicious, tortious or otherwise illegal or offensive material, including material which violates the privacy rights of any person or legal entity.

3.3 Scope of Authorized Use; Account Information. The Subscriber and each Authorized User is entitled to access and use the Software & Services provided to the account. The Subscriber and Authorized Users shall provide their full legal name, company name, mailing address, telephone number, a valid email address associated with their general email client server; and for the Subscriber, valid credit card and banking information; and such other reasonable information as may be necessary or desirable for Summary Judgment® to provide Software & Services to the account and obtain payment therefor.

3.4 Term of Use; Subscription Fees. Access to and use by the Subscriber and Authorized Users begins when a Summary Judgment® account is “created” online by the Subscriber and clicking to “accept” the terms and conditions of this AULA, called “subscription.” Subscriptions are payable in advance automatically by credit or debit card for the designated term of service (e.g., monthly or annually), and payment is non-refundable once access and use has commenced by the Subscriber or any Authorized User. Subscribers will begin to be charged automatically at the expiration of any applicable free trial period. Thereafter monthly subscription accounts will be charged in advance of the following month of continued subscription. Annual subscription accounts will be charged annually in advance of the anniversary date of the initial subscription. Account fees for Authorized Users added after the first day of a month will be prorated All charges are non-refundable.

Unless sooner terminated by the Subscriber or by Summary Judgment® the subscription term will renew automatically for the same length of time as the prior term.

By furnishing your payment information You give Summary Judgment® consent to charge You for all fees associated with your account in accordance with this AULA.

At the sole discretion of Summary Judgment® accrued and unpaid fees may be assessed late charges of 1.5% per month, and You consent to charge your account for such unpaid fees and late charges when incurred.

Summary Judgment®’s payment processing is done by third party providers. By furnishing your credit and banking information You consent and agree that Summary Judgment® can share that information with our third party payment providers (e.g., to check or verify your credit; to ensure proper payment; in response to valid legal process, etc.). You agree to indemnify and hold Summary Judgment® harmless for any use or disclosure of your credit and banking information by any of Summary Judgment®’s third party processing providers.

3.5 Internet Security; Summary Judgment® Email Address. When an account is created by the Subscriber, the Subscriber and each Authorized User shall be assigned his or her own unique Username and Password, together with a separate email address @summjudg.com, the email client server of Summary Judgment®’s Software & Services. The @summjudg.com email address allows case specific emails to be received into the account and then directed into the case files to which they relate. Summary Judgment® provides secure methods and protocols of Internet security which follow industry standards and best practices (e.g. encryption of Subscriber Data when uploading or downloading Subscriber Data through the Internet). The Subscriber shall adopt and enforce internal policies and protocols which protect the Usernames and Passwords on the account from unauthorized use, and will notify Summary Judgment® immediately in writing in the event that a Username or Password has been compromised.

3.6 Confidentiality; Non-Disclosure. Each party agrees to treat all Confidential Information as defined under Section 2.7 above as confidential, and to protect it from unauthorized disclosure, except as required to comply with this AULA or otherwise permitted by it. Provided, however, Summary Judgment® reserves the right to disclose Confidential Information as required and permitted by law (e.g., in response to a valid subpoena or court order; to cooperate in the investigation of any criminal or civil violation of law, etc.).

3.7 Support Services. Summary Judgment® may provide You with Support Services related to the Software & Services including technical support and training. Any supplemental software code provided to You as part of the Support Services are considered part of this AULA. You agree that Summary Judgment® may use information You provide to Summary Judgment® as part of the Support Services for its business purposes, including for product support and development. The scope and charges associated with such Support Services shall be set forth in a mutually acceptable written Statement of Work dated and signed by Summary Judgment® and the Subscriber.

3.8 Suspension or Termination of Account. Summary Judgment® may suspend or terminate your account at any time for nonpayment or any other violation of this AULA. You may terminate your account at any time in a writing signed and dated by the Subscriber and delivered to Summary Judgment® not less than 10 days prior to the next billing cycle of the account (i.e., in the case of a monthly subscription, 10 days before expiration of the current paid up month; in the case of an annual subscription, 10 days before the anniversary date of the current annual subscription). Termination will be effective at the end of the current billing cycle. Upon termination your access to and use of the Software & Services shall be “deactivated” and you will no longer be able to access your Subscriber Data except as provided under subsection 3.9 below.

3.9 Retention and Restoration of Subscriber Data Following Suspension or Termination;

Upon suspension or termination of the Subscriber’s account for any reason, whether by Summary Judgment® or You, your Subscriber Data shall remain your property. PROVIDED, HOWEVER, AFTER NINETY (90) DAYS OF SUSPENSION OR TERMINATION WITHOUT REACTIVATION OF YOUR ACCOUNT, TOGETHER WITH PAYMENT IN FULL OF ALL OUTSTANDING CHARGES; OR IF YOU HAVE NOT REQUESTED RETURN OF YOUR SUBSCRIBER DATA AS SPECIFICALLY PROVIDED IN THIS SECTION, THEN YOUR SUBSCRIBER DATA SHALL BE SUBJECT TO IMMEDIATE, PERMANENT DELETION FROM SUMMARY JUDGMENT®’s SERVERS, WITHOUT FURTHER RECOURSE BETWEEN YOU AND SUMMARY JUDGMENT®.

ON OR BEFORE NINETY (90) DAYS OF SUSPENSION OR TERMINATION, AT THE SUBSCRIBER’S REQUEST IN WRITING SIGNED, DATED AND DELIVERED TO SUMMARY JUDGMENT WITHIN SUCH CUT OFF PERIOD, SUBSCRIBER DATA ON THE ACCOUNT MAY BE RETURNED DIRECTLY TO THE SUBSCRIBER OR ANY ADMINISTRATOR OF THE ACCOUNT DESIGNATED BY THE SUBSCRIBER TO RECEIVE IT (INCLUDING ANY THIRD PARTY STORAGE PROVIDER OF THE SUBSCRIBER); OR TO ANY AUTHORIZED USER IF AN ADMINISTRATOR IS UNABLE TO BE REACHED.

AT SUMMARY JUDGMENT’S SOLE DISCRETION IT MAY REQUIRE PAYMENT IN ADVANCE OF THE REASONABLE COSTS ASSOCIATED WITH SUMMARY JUDGMENT RESTORING AND RETURNING SUBSCRIBER DATA, AS A CONDITION OF RESTORING OR RETURNING IT.

AFTER PERMANENT DELETION ALL SUBSCRIBER DATA WILL BE LOST AND NOT RESTORED OR RETURNED. THEREFORE IT IS CRITICAL THAT YOU REQUEST TO HAVE IT RETURNED WITHIN THE PAID FOR TERM OF YOUR ACCOUNT; AND IN ANY EVENT NO LATER THAN NINETY (90) DAYS FOLLLOWING SUSPENSION OR TERMINATION.

THE SUBSCRIBER AGREES TO INDEMNIFY AND HOLD SUMMARY JUDGMENT® HARMLESS FOR ANY AND ALL CLAIMS, DEMANDS, ACTIONS OR OTHER LIABILITIES FOR LOSS OR DAMAGE OF ANY SUBSCRIBER DATA FOLLOWING SUSPENSION OR TERMINATION, SPECIFICALLY INCLUDING BREACHES OF CLIENT CONFIDENTIALITY, PRIVACY RIGHTS OR PRIVILEGE; HIPAA COMPLIANCE; OR OTHER INTERNET SECURITY VIOLATION OF LAW OR PROFESSIONAL ETHICS.

3.10 Disclaimer Re: Compliance with Local Law

The forms, templates, and other law practice information furnished in Summary Judgment® are intended as generic law practice models. They are not tailored for, and in some instances may not be permitted, in a particular jurisdiction, state, federal or local (e.g., under applicable statutes; case law; rules of procedure; rules of professional conduct; administrative regulations; municipal ordinances, etc.), hereinafter referred to as "Local Law".

It is incumbent on the Subscriber and all Authorized Users on the account to research the Local Law of his, her or their particular jurisdiction(s), and to revise appropriately Summary Judgment®®s forms, templates and other law practice information to conform to Local Law; or not to use or otherwise employ any form, template or other law practice information that is banned or discouraged under Local Law.

Summary Judgment® disclaims any responsibility or liability for the use of any form, template or other law practice information contained in Summary Judgment® which does not conform to Local Law. The Subscriber and all Authorized Users on the account agree to indemnify and hold Summary Judgment® (including its Manager, Members, officers, agents, servants, and employees) harmless from any claims, demands, actions, damages or other liabilities arising from the use of any form, template or other law practice information contained in Summary Judgment® in any manner which violates or otherwise does not comply with Local Law.

3.11 Limited Liability and Warranty

Summary Judgment® shall not be liable for, and Subscriber expressly waives and releases Summary Judgment® from, any liability for any claim, demand, loss, injury, damages or other liability arising from or relating to the Software & Services provided to the Subscriber or Subscriber’s account, except for the following:

a) breach of the confidentiality provisions of Section 3.6 above;

b) breach of the security and access provisions of Section 3.3 through 3.5 above;

If an implied warranty or condition is created by Your state/jurisdiction and federal or state/provincial law prohibits disclaimer of it, You also have an implied warranty or condition, BUT ONLY AS TO ANY DEFECT DISCOVERED WITHIN NINETY (90) DAYS OF CREATION OF THE SUBSCRIBER’S ACCOUNT, AFTER WHICH PERIOD THERE IS NO WARRANTY OR CONDITION OF ANY KIND. Some states/jurisdictions do not allow limitations on how long an implied warranty or conditions lasts, so the above limitation may not apply to You.

LIMITATION ON REMEDIES: NO CONSEQUENTIAL OR OTHER DAMAGES . Your exclusive remedy for any breach of this Limited Warranty is set forth herein. Except for any refund elected to be paid by Summary Judgment®, YOU ARE NOT ENTITLED TO ANY DAMAGES, INCLUDING BUT NOT LIMITED TO CONSEQUENTIAL DAMAGES AND ATTORNEYS FEES, and to the maximum extent allowed to be disclaimed by applicable law, even if the remedy fails of its essential purpose. The terms of the paragraph below (“Exclusion of Incidental, Consequential, and Certain Other Damages”) are also incorporated into this Limited Warranty. Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to You. This Limited Warranty gives You specific legal rights. You may have others which vary from state/jurisdiction to state/jurisdiction.

YOUR EXCLUSIVE REMEDY. SUMMARY JUDGMENT®’S ENTIRE LIABILITY, AND THAT OF ITS THIRD PARTY PROVIDERS, AND YOUR EXCLUSIVE REMEDY SHALL BE, AT SUMMARY JUDGMENT®’S OPTION FROM TIME TO TIME EXERCISED SUBJECT TO APPLICABLE LAW: TO RECEIVE A REFUND NOT TO EXCEED THE PRICE PAID BY YOU FOR THE SOFTWARE & SERVICES WITHIN NINETY (90) DAYS OF WHEN THE CLAIM AROSE.

DISCLAIMER OF WARRANTIES. The Limited Warranty that appears above is the only express warranty made to you and is provided in lieu of any other express warranties. Except for the Limited Warranty, and to the maximum extent permitted by applicable law, Summary Judgment® and its third party providers furnish the Software & Services AS IS AND WITH ALL FAULTS, and hereby disclaim all other warranties and conditions, either express, implied, or statutory, including, but not limited to, any implied warranties, duties, or conditions of merchantability, of fitness for a particular purpose, of accuracy or completeness of responses, of results, of workmanlike effort, of lack of viruses and lack of negligence, all with regard to the Software & Services, and the provision of or failure to provide support services. ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION OR NONINFRINGEMENT WITH REGARD TO THE SOFTWARE & SERVICES.

EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SUMMARY JUDGMENT® OR ITS THIRD PARTY PROVIDERS OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHASOEVER) ARISING OUT OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE & SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS AULA, WHEHTER SOUNDING IN CONTRACT OR TORT OR MIXED CLAIMS FOR RELIEF (INCLUDING NEGLIGENCE, STRICT LIABILITY, BREACH OF CONTRACT, BREACH OF WARRANTY) OF SUMMARY JUDGMENT® (INCLUSIVE OF ANY OF ITS THIRD PARTY PROVIDERS OR SUPPLIERS), AND EVEN IF SUMMARY JUDGMENT® HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

3.11 Indemnification. Subscriber agrees to indemnify and hold Summary Judgment® harmless from and against any demand, claim, action, damages, or other liability, including attorney’s fees, arising from or relating to the following:

a) Subscriber (including any Authorized User)'s breach of any Subscriber obligation of this AULA;

b) Subscriber (including any Authorized User)'s negligent acts or omissions, or willful acts or omissions, which give rise to liability to Summary Judgment®;

c) Subscriber acknowledges and agrees that Subscriber Data may be intercepted or compromised by third parties without Subscriber authorization. Subscriber agrees to indemnify and hold Summary Judgment® harmless for any loss, damages, injury or other liability caused by unauthorized interception or compromise of Subscriber Data by third parties.

Section IV. General Provisions

4.1 Entire Agreement; Amendment

This Agreement contains the entire Agreement of the parties and no representations, inducements, promises or agreement, oral or otherwise, between the parties not incorporated herein shall be of any force or effect. Notwithstanding the foregoing, Summary Judgment® reserves the right to amend this AULA at any time by giving Subscriber reasonable notice of the change(s) before implementation relative to Subscriber’s account. Following such reasonable notice, access to or use of Summary Judgment® by the Subscriber or any Authorized User on the account shall be deemed acceptance of the changes.

4.2 Construction.

In construing this Agreement, feminine or masculine pronouns shall be substituted for those of neuter form and vice versa, and the plurals for singular and singular for plural in any place where the context may require.

4.3 Governing Law.

This Agreement is to be construed and enforced according to the laws of the Commonwealth of Massachusetts regardless of the place of execution or residences of the parties.

4.4 Severability.

In the event that any provision of this Agreement shall be determined to be invalid or unenforceable under applicable law, such provision shall, insofar as possible, be construed or applied in such manner as will permit enforcement; otherwise this Agreement shall be construed as if such provision had never been made part hereof.

4.5 Binding Effect.

This Agreement shall be binding upon and inure to the benefit of the parties, their administrators, executors, personal representatives, successors and permitted assigns. Neither party may assign its rights or obligations hereunder, whether by operation of law or otherwise, without the prior written consent of the other party. Notwithstanding the foregoing, either party may assign this Agreement in its entirety without the consent of the other party in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets provided that the assignee agrees in writing to be bound by all of the terms of this Agreement. Any attempted assignment in breach of this subsection shall be null and void and without recourse between the parties.

4.6 Notices.

All notices, requests, demands or other communications hereunder from Summary Judgment® to the Subscriber shall be in writing and deemed to have been given if sent by certified or registered mail, return receipt requested to the Subscriber at the address furnished by the Subscriber at the time of creation of the account, or at such other address as the Subscriber has requested in writing that notices be sent. All notices, requests, demands or other communications hereunder from the Subscriber to Summary Judgment® shall be in writing and deemed to have been given if sent by certified or registered mail, return receipt requested to Summary Judgment® at it principal place of business located at 134 Main Street, Watertown, MA 02472, or at such other address as Summary Judgment® has notified Subscriber in writing that notices be sent. Provided, however, notice in writing by either party may be given in any other reasonable manner including by email or fax.

4.7 Waiver or Breach.

The waiver by any party of a breach of this Agreement shall not operate or be construed as a waiver of any subsequent breach by the breaching party.

COPYRIGHT NOTICE . The Software & Services provided to the Subscriber’s account is protected by copyright law and international treaties. Unauthorized reproduction or distribution of this program, or any portion of it, may result in severe civil and criminal penalties.