To view this EULA in pdf please visit: https://www.qualcomm.com/media/documents/files/qizx-eula.pdf QUALCOMM TECHNOLOGIES, INC. LICENSE AGREEMENT FOR QIZX SOFTWARE THIS LICENSE AGREEMENT FOR QIZX SOFTWARE (THIS "AGREEMENT" OR THIS "Agreement") IS A LEGALLY BINDING AGREEMENT BETWEEN QUALCOMM TECHNOLOGIES, INC. ("Qualcomm") AND YOU ("YOU" OR "You"). QUALCOMM IS WILLING TO LICENSE THE SOFTWARE AND DOCUMENTATION DESCRIBED IN THE LIST BELOW (THE "SOFTWARE" OR THE "Software") TO YOU ONLY ON THE CONDITION THAT YOU ACCEPT AND AGREE TO ALL OF THE TERMS AND CONDITIONS IN THIS AGREEMENT. BY CLICKING ON THE "ACCEPT" BUTTON AND/OR ACCESSING OR USING ANY PART OR ALL OF THE SOFTWARE YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS ON YOUR OWN BEHALF AND/OR ON BEHALF OF YOUR COMPANY, ORGANIZATION, EDUCATIONAL INSTITUTION, OR AGENCY, INSTRUMENTALITY, OR DEPARTMENT OF THE FEDERAL GOVERNMENT (THE "REPRESENTED ENTITY") AS ITS AUTHORIZED LEGAL REPRESENTATIVE. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, QUALCOMM IS UNWILLING TO AND DOES NOT AND WILL NOT LICENSE THE SOFTWARE OR PROVIDE THE DOCUMENTATION TO YOU. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS YOU MAY NOT COMMENCE ANY INSTALLATION PROCESS AND YOU SHALL NOT USE THE SOFTWARE OR DOCUMENTATION OR RETAIN ANY COPIES OF THE SOFTWARE OR DOCUMENTATION, EVEN IF YOU HAVE IN ANY MANNER COME INTO POSSESSION THEREOF. 1. LICENSE GRANT. 1.1 License to Software. As more particularly described in the Software documentation that is provided by Qualcomm for use with the Software (the "Documentation"), the Software is intended to be used by You for Your internal business purposes only. Subject to and conditioned upon compliance with the Documentation and the terms and conditions of this Agreement, including the limitations, conditions, restrictions and obligations set forth below, Qualcomm hereby grants to You a personal, non-exclusive, non-sublicensable, non-transferable, revocable, limited copyright license, during the term of this Agreement, to access through an AMI and internally use (i) the Server Code in machine-readable form; (ii) the Application Code in human-readable form and (iii) an Integrated Application You develop that incorporates the Application Code (the "Integrated Application"), each solely for Your business purposes on the number of instances of AMIs that You purchase and in accordance with the restrictions set forth herein (the "Permitted Use"). You may not use the Software and may not accept this Agreement if You are a person barred from receiving the Software under the laws of the United States or any other country including the country in which You are resident or in which You use the Software. In addition to any software that Qualcomm may provide pursuant to Section 1.4 (Additional Software), the Software licensed hereunder may include the following: Software: * Server Code: QIZX database and server software in binary form including library headers, runtime library, and build and configuration scripts. * Application Code: QIZX client libraries in source code form. Documentation: * QIZX User Guide and XQuery Developer Guide. 1.2 Documentation. Subject to the terms and conditions of this Agreement, including the limitations, conditions, restrictions and obligations set forth below, You may reproduce and use a reasonable number of copies of the unmodified Documentation on an internal basis only, and solely in support of Your Permitted Use of the Software. 1.3 Third Party Licenses. The Software may contain third party programs, including but not limited to software licensed under open source terms. The license terms associated with those programs apply to Your use of them, and in some instances such programs cannot be used or further distributed without a license from the respective owner of such programs. You shall be solely responsible to obtain, if necessary, a separate and independent license from such owner with respect to any such use. The delivery of the Software does not convey a license, nor imply any rights, to use third party programs. A separate and independent license for such use may be required and You shall be solely responsible to verify whether such license is needed in conjunction with Your use of such third party programs. 1.4 Additional Software. Qualcomm hereby reserves the right to provide or otherwise make available additional software to You, at its discretion, from time to time. Any additional software or documentation that Qualcomm provides to You by express reference to this Agreement will be considered to be part of the Software or Documentation, as the case may be, and subject to all terms and conditions of this Agreement. By accepting, possessing or using such additional Software or Documentation, You agree that the terms of this Agreement will apply thereto. Additional software may include updates and upgrades. By using an update or upgrade, You may no longer use prior versions of that Software and/or Documentation. 1.5 Feedback. Qualcomm may from time to time receive suggestions, feedback or other information ("Feedback") from You concerning the Software. Any Feedback provided by You is and shall be entirely voluntary on Your part. Notwithstanding any other term in this Agreement, Qualcomm and its Affiliates shall be free to use, disclose, reproduce, modify, license or otherwise distribute, and exploit the Feedback as it sees fit, entirely without any obligations, payments, or restrictions of any kind on account of intellectual property rights, confidentiality, or otherwise. For purposes of this Agreement, "Affiliate" means any person or entity which directly or indirectly Controls, is Controlled by, or is under common Control with such entity. The term "Control" means the possession, directly or indirectly, of the power to direct or cause the direction of the management and policies of a person or entity, whether through the ownership of more than fifty percent (50%) of voting securities, by contract or otherwise. 2. RESTRICTIONS. 2.1 Retention of Rights. As between You and Qualcomm and its Affiliates and licensors, Qualcomm and its Affiliates and licensors hereby retain all right, title, and interests in and to the Software and Documentation, including without limitation all copyrights, patent rights, trademark rights and all other intellectual property rights therein or related thereto. Any rights not expressly granted to You in this Agreement are reserved by Qualcomm, its Affiliates and their respective licensors. Without limiting the generality of the foregoing, neither the delivery of any Software, hardware, documentation or other materials to You or any third party, nor any other provision of this Agreement (including, without limitation, any rights or licenses granted by Qualcomm in this Agreement) will be deemed or construed to grant to You or any third party, whether expressly, by implication or by way of estoppel or otherwise, any right or license (and no authority to infringe, or immunity from infringement liability, will be deemed to arise or exist as a matter of law) under (i) any patents of Qualcomm Incorporated or any of its Affiliates, (ii) any intellectual property rights of Qualcomm Incorporated or its Affiliates covering or relating to any product or invention other than the Software, or (iii) any combination of the Software with any other product or invention. Any rights not expressly granted to You herein are hereby reserved by Qualcomm. In addition, You acknowledge and agree, on behalf of Yourself and Your Affiliates, that (a) this Agreement does not modify or abrogate any obligations that You or any of Your Affiliates has under any license or other agreement with Qualcomm Incorporated or its Affiliates, including without limitation any obligation to pay any royalties, and (b) neither You nor any of Your Affiliates will contend that it has obtained any right, license, or immunity from suit with respect to any patents of Qualcomm Incorporated or its Affiliates under or as a result of this Agreement (whether expressly, impliedly, by virtue of estoppel or exhaustion, or otherwise). 2.2 Use Restrictions. You shall not, and You shall not authorize or otherwise permit any third party to incorporate, link, distribute, provide access to or use any third party software or code in conjunction with (i) the Software nor (ii) any software, documentation, content or other materials developed using the Software in such a way that: (a) creates, purports to create or has the potential to create, obligations with respect to the Software or other Qualcomm software, including without limitation the distribution or disclosure of any source code; or (b) grants, purports to grant, or has the potential to grant to any third party any rights to or immunities under any intellectual property rights or proprietary rights of Qualcomm or its Affiliates, including without limitation as such rights exist in or relate to the Software. Without limiting the generality of the foregoing, You shall not incorporate, link, distribute or use (1) the Software or any other software provided by Qualcomm, (2)"any software, products, documentation, content or other materials developed using the Software, nor (3) any derivative works that You make using the source code portions of the Software (if any), with any code or software licensed under any version of the GNU General Public License ("GPL"), Affero General Public License ("AGPL"), Lesser General Public License ("LGPL"), European Union Public License ("EUPL"), Apple Public Source License ("APSL"), Common Development and Distribution License ("CDDL"), IBM Public License ("IPL"), Eclipse Public License ("EPL"), Mozilla Public License ("MPL"), or any other open source license, in any manner that could cause or could be interpreted or asserted to cause the Software or other Qualcomm software (or any modifications thereto) to become subject to the terms of the GPL, AGPL, LGPL, EUPL, APSL, CDDL, IPL, EPL, MPL, or such other open source license. You, and each party receiving Software or any copies thereof from You, shall not receive any rights to use such Software or copies thereof in a manner that will cause any patents, copyrights or other intellectual property rights which are owned or controlled by Qualcomm or any of its Affiliates (or for which Qualcomm or any of its Affiliates has received license rights) to become subject to any encumbrance or terms and conditions of any third party or open source license (including, without limitation, any open source license listed on http://www.opensource.org/licenses/alphabetical) (each an "Open Source License"). These restrictions, limitations, exclusions and conditions shall apply even if Qualcomm or any of its Affiliates becomes aware of or fails to act in a manner to address any violation or failure to comply therewith. Also, no act by Qualcomm or any of its Affiliates that is undertaken under this Agreement as to any software or technology shall be construed as being inconsistent with the intent not to cause any patents, copyrights or other intellectual property rights which are owned or controlled by Qualcomm or any of its Affiliates (or for which Qualcomm or any of its Affiliates has received license rights) to become subject to any encumbrance or terms and conditions of any Open Source License. 2.3 Additional Restrictions. You will not: (i) reverse engineer, disassemble, decompile, or translate the Software, or otherwise attempt to derive the source code version of the Software delivered in machine-readable form, except if and only to the extent expressly permitted by applicable law; (ii) use the Software and/or Documentation or any portion thereof to create or develop any developer tools (including without limitation plug-ins and middleware) or any software other than the Integrated Application; (iii) use the Software for more than the number of hours for which You have purchased the AMI, (iv) make more copies of the Documentation than specified in this Agreement; (v)transfer or assign this Agreement or any of the rights, duties or obligations hereunder to any third party; (vi) access or use for any purpose any application protocol interface (API) such as the Software APIs, except as expressly described in the Documentation; (vii) except as expressly permitted under Section 1 (License Grant), reproduce, distribute, publicly perform, publicly display or create derivative works of or based on the Software and/or Documentation, or disclose, rent, lease, loan, grant access, provide or otherwise transfer, in any manner, to any third party the Software, Documentation or any portion thereof, including but not limited to granting access to the AMI; (viii) use the Software on a "service bureau" basis or outsource any of its operations utilizing any Software to any third party; (ix) use the Software outside of AWS; or (x) disclose or publish, without Qualcomm's express prior written consent, performance or capacity statistics or the results of any benchmark test performed on the Software. You shall not use the Software and/or Documentation to create or develop any Integrated Application that invades, violates or infringes the copyrights, patent rights, trade secrets, trademark or service mark rights, privacy, publicity, or any other rights of any person or entity, and shall not constitute a libel or defamation of any third party. You represent and warrant that You have obtained all necessary permission and licenses from all holders of intellectual property rights, if any, in material or code appearing, used or recorded in any Integrated Application that You create or develop. The license to the Software and Documentation granted to You hereunder is solely for the Permitted Use expressly set forth in Section 1 (License Grant) and the Software and Documentation shall not be used for any other purpose or use. 3. CONFIDENTIALITY; NO SUPPORT. You hereby acknowledge and agree that the Software, certain Documentation, related information and the terms of this Agreement that are so marked, are confidential and proprietary to Qualcomm. Except as expressly permitted in this Agreement, You shall not disclose, or permit the disclosure of, the Software and/or confidential Documentation in any form or any information relating to the Software and/or Documentation (including without limitation the results of use or testing) to any third party without Qualcomm's prior written permission; provided that, You may otherwise generally make mention of and discuss the Software with others. You further acknowledge and agree that any unauthorized use or disclosure of the Software, AMI, Documentation and/or such confidential information may cause irreparable harm and significant injury to Qualcomm that would be difficult to ascertain or quantify; accordingly You agree that Qualcomm shall have the right to seek and obtain injunctive or other equitable relief to enforce the terms of this Agreement and without limiting any other rights or remedies that Qualcomm may have. Also, You acknowledge and agree that the Software and Documentation is provided "AS IS," that Qualcomm is under no obligation to provide any form of technical support for the Software and/or Documentation, and that if Qualcomm, in its sole discretion, chooses to provide any form of support or information relating to the Software and/or Documentation, such support and information will be provided on an "as is" basis and shall be deemed confidential and proprietary to Qualcomm and protected in accordance with this clause. You acknowledge and agree that You are responsible for Your connection to AWS and Qualcomm is not responsible for any aspect of AWS, including without limitation its availability. You shall not make any disclosure or public announcement relating to this Agreement or the subject matter hereof without the prior written approval of Qualcomm. 4. DISCLAIMER OF WARRANTIES. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE USE OF THE SOFTWARE AND DOCUMENTATION IS AT YOUR SOLE RISK. THE SOFTWARE, DOCUMENTATION AND TECHNICAL SUPPORT, IF ANY, ARE PROVIDED "AS IS" AND WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, QUALCOMM AND ITS AFFILIATES AND LICENSOR(S) (FOR THE EASE OF REFERENCE IN SECTIONS 4, 5, AND 6, QUALCOMM AND ITS AFFILIATES AND LICENSOR(S) SHALL BE COLLECTIVELY REFERRED TO AS "QUALCOMM") EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. QUALCOMM DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE SOFTWARE OR ANY SERVICE ENABLED BY THE USE OF THE SOFTWARE WILL ALWAYS BE AVAILABLE, OR THAT DEFECTS IN THE SOFTWARE OR DOCUMENTATION WILL BE CORRECTED. FURTHERMORE, QUALCOMM DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR THE RESULTS OF THE USE, OF THE SOFTWARE OR DOCUMENTATION IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY QUALCOMM OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE ANY REPRESENTATION OR WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF ANY EXPRESS WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY OR MAY BE LIMITED. 5. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, UNDER NO CIRCUMSTANCES, INCLUDING WITHOUT LIMITATION NEGLIGENCE, SHALL QUALCOMM OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO ANY DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION AND THE LIKE) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR ANY DOWNLOAD, INSTALLATION OR USE OF, OR INABILITY TO USE, THE SOFTWARE AND/OR DOCUMENTATION, EVEN IF QUALCOMM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY OR MAY BE LIMITED. QUALCOMM HAS NO OBLIGATION TO DEFEND, INDEMNIFY OR HOLD YOU HARMLESS UNDER THIS AGREEMENT. QUALCOMM SHALL NOT HAVE ANY LIABILITY FOR ANY PRODUCTS, SOFTWARE OR SERVICES PROVIDED BY AMAZON, ITS AFFILIATES, OR OTHER THIRD PARTIES ACCESSIBLE THROUGH AWS. IN NO EVENT SHALL QUALCOMM'S TOTAL AGGREGATE LIABILITY FOR ANY AND ALL DAMAGES, LOSSES, CLAIMS AND CAUSES OF ACTIONS (WHETHER IN CONTRACT, TORT, INCLUDING NEGLIGENCE OR OTHERWISE) EXCEED ONE HUNDRED DOLLARS ($100 US) OR THE EQUIVALENT THEREOF IN ANY OTHER CURRENCY. 6. INDEMNITY. If an application is written by You using any component of the Software, then You agree to indemnify and hold Qualcomm, its Affiliates and each of their respective officers, directors, employees and successors and assigns (each, a "QUALCOMM Indemnitee") harmless from and against any and all claims, demands, causes of action, losses, liabilities, damages, costs and expenses, incurred or otherwise suffered by each QUALCOMM Indemnitee (including but not limited to costs of defense, investigation and reasonable attorney's fees) arising out of, resulting from or related to (i) any access to or download, installation, execution, use, reproduction or distribution of (a) the Software, as modified or integrated by You, or (b) any Integrated Application which causes an infringement of any patent, copyright, trademark, trade secret, or other intellectual property, publicity or privacy right of any third parties arising in any jurisdiction anywhere in the world, except and solely to the extent such infringement is caused by the unmodified Software, or portions thereof, as supplied to You by Qualcomm under this Agreement, (ii) the download, distribution, installation, storage, execution, use or transfer of such software, products, documentation, content, materials or derivative works by any person or entity except and solely to the extent such infringement is caused by the unmodified Software, or portions thereof, as supplied to You by Qualcomm under this Agreement, and/or (iii) any breach of this Agreement by You. As requested by Qualcomm, You agree to defend each Qualcomm Indemnitee in connection with any third party claims, demands, or causes of action resulting from, arising out of or in connection with any of the foregoing. 7. FEES AND TAXES. You shall pay to Amazon (or such other entity as designated by Amazon or Qualcomm) license fees for use of the Software through AWS on the terms specified by Qualcomm and Amazon. All charges and fees provided for in this Agreement are exclusive of any and all taxes, duties, or similar charges imposed by any governmental entity. You shall pay or reimburse Qualcomm for all federal, state, domain, provincial or local sales use, personal property, withholding, excise or other taxes, fees or duties arising out of this Agreement or the transactions contemplated by this Agreement (other than taxes on the net income of Qualcomm). 8. TERM AND TERMINATION. 8.1 Term and Renewal. If You licensed the use of the Software on an annual basis, the term of this Agreement is twelve (12) months. If You licensed the use of the Software on an hourly basis, the term of this Agreement shall commence when You click on the "ACCEPT" button and shall remain in effect for the number of hours for which You have paid for the use of the Software on Your Amazon Web Services Account provided this Agreement is not earlier terminated. Following the initial license term, license renewals shall be governed by Your agreement with AWS Marketplace. 8.2 Termination by Qualcomm. Qualcomm shall have the right to terminate this Agreement immediately if You breach any of the provisions in Sections 1 (License Grant), 2 (Restrictions) or 3 (Confidentiality) or You have licensed the Software on an hourly basis. Qualcomm may terminate this Agreement for cause by written notice to You if (i) You cease conducting normal business, file for or are placed in bankruptcy from which You do not emerge within sixty (60) calendar days of filing, or makes a general assignment for the benefit of creditors, or (ii) You fail to cure a material breach of this Agreement within thirty (30) days after written notice thereof. Such termination shall not be an election of remedies, and any other rights and remedies shall be cumulative. 8.3 Termination by You. You may immediately terminate this Agreement at any time by providing written notice thereof to Qualcomm. 8.4 Rights upon Termination or Expiration. Upon expiration or any earlier termination of this Agreement, all rights and licenses granted to You under this Agreement shall terminate and You shall destroy all copies of the Documentation in Your possession or control and return all of Qualcomm's confidential information to Qualcomm. 8.5 Survival. Sections 2 through 15 shall survive the expiration or earlier termination of this Agreement. 9. EXPORT COMPLIANCE ASSURANCES. You acknowledge that all hardware, software, source code and technology (collectively, "Products") obtained from Qualcomm are subject to the US government export control and economic sanctions laws, including the Export Administration Regulations ("EAR", 15 CFR 730 et seq., http://www.bis.doc.gov/ ) administered by the Department of Commerce, Bureau of Industry and Security, and the Foreign Asset Control Regulations (31 CFR 500 et seq., http://www.treas.gov/offices/enforcement/ofac/) administered by the Department of Treasury, Office of Foreign Assets Control ("OFAC"). You assure that You, Your subsidiaries and Affiliates will not directly or indirectly export, re-export, transfer or release (collectively, "export") any Products or direct product thereof to any destination, person, entity or end use prohibited or restricted under US law without prior US government authorization to the extent required by regulation. The US government maintains embargoes and sanctions against the countries listed in Country Groups E:1/2 of the EAR (Supplement 1 to part 740), currently Cuba, Iran, North Korea, Sudan and Syria but any amendments to these lists shall apply. You agree not to directly or indirectly employ any Product received from Qualcomm in missile technology, sensitive nuclear or chemical biological weapons activities, or in any manner knowingly transfer any Product to any party for any such end use. You shall not export Products listed in Supplement 2 to part 744 of the EAR for military end-uses, as defined in part 744.21, to the People's Republic of China. You shall not transfer any Product to any party listed on any of the denied parties lists or specially designated nationals lists maintained under said regulations without appropriate US government authorization to the extent required by regulation. You acknowledge that other countries may have trade laws pertaining to import, use, export or distribution of Products, and that compliance with same is Your responsibility. 10. GOVERNMENT END USERS. If You are acting on behalf of an agency or instrumentality of the U.S. government, the Software and Documentation, as applicable, are "commercial computer software" and "commercial computer software documentation" developed exclusively at private expense by Qualcomm. Pursuant to FAR 12.212 or DFARS 227 7202 and their successors, as applicable, use, reproduction and disclosure of the Software is governed by the terms of this Agreement. 11. USE OF NAME AND LOGO. You shall not display or make any use of Qualcomm's or its Affiliates' names, marks or logos in connection with Your application without the prior written approval of Qualcomm. You agree that Qualcomm and its Affiliates may include Your name and the graphical assets, screenshots, logos, trademarks and other digital assets (the "Graphical Assets") that You use with Your application or otherwise associate with Your Integrated Application, on Qualcomm or other QIZX related website(s) and as part of QIZX related marketing materials. 12. GENERAL. The United Nations Convention on Contracts for the International Sale of Goods is expressly disclaimed and shall not apply. This Agreement is governed and interpreted in accordance with the laws of the State of California. Any claim, lawsuit or proceeding arising out of or related to this Agreement must be brought exclusively in a federal or state court located in San Diego County, California and You hereby consent to the jurisdiction and venue of such courts. If any provision of this Agreement shall be invalid, the validity of the remaining provisions of this Agreement shall not be affected. 13. ENTIRE AGREEMENT; AMENDMENT; LANGUAGE. This Agreement is the entire and exclusive agreement between Qualcomm and You with respect to the Software and Documentation and supersedes all prior agreements (whether written or oral) and other communications between Qualcomm and You with respect to the Software and Documentation. Except to the extent that Qualcomm is expressly precluded by applicable law, Qualcomm further reserves the right to make changes to this Agreement, including but not limited to as needed to reflect changes in business practices or to reflect changes in or required by law or otherwise, by providing You with reasonable notice of the changes, which notice may be posted on the website where You access the Software. You will be responsible for reviewing and becoming familiar with any and all such changes. If You continue to use the Software or Documentation after notice of any changes has been provided or posted, You shall be deemed to have accepted any and all such changes. Otherwise, this Agreement may be modified only by a written amendment executed by both You and Qualcomm. This Agreement is entered into solely in the English language, and if for any reason any other language version is prepared by any party, it shall be solely for convenience and the English version shall govern and control in all respects. If You are located in the province of Quebec, Canada, the following applies: The parties hereby confirm they have requested this Agreement and all related documents be prepared in English. Les parties ont exige que le present contrat et tous les documents connexes soient rediges en anglais. 14 THIRD PARTY RIGHTS. Excepting the terms and rights applicable to Qualcomm's Affiliates as expressly stated herein (which terms and rights such Qualcomm Affiliates shall be entitled to enforce as third party beneficiaries), the Parties agree, and confirm their mutual intention, that neither this Agreement nor any of the terms of this Agreement will be enforceable by virtue of the Contract (Rights of Third Parties) Act 1999, or otherwise, by any person/entity not a direct party to it. Notwithstanding that any term of this Agreement may be or may become enforceable by a person who is not a party to this Agreement, the terms and conditions of this Agreement may be modified or amended, or this Agreement may be suspended, cancelled, rescinded or terminated by the parties as provided in Section 13 (Entire Agreement; Amendment; Language) without the consent of any such third party. 15. DEFINITIONS. The following terms shall have the meanings provided: "Amazon" means Amazon Web Services, Inc. "Amazon Web Services Account" means Your AWS account used to launch AMI instances, transfer data, run applications, etc. "AMI" means an Amazon virtual machine image made available on AWS. "AWS" means Amazon Web Services, a virtual cloud computing environment. BY CLICKING ON THE "ACCEPT" BUTTON BELOW YOU REPRESENT, WARRANT AND CERTIFY THAT: YOU ARE AN AUTHORIZED REPRESENTATIVE OF THE REPRESENTED ENTITY, IF ANY; YOU HAVE READ THIS AGREEMENT AND UNDERSTAND IT; YOU HAVE THE AUTHORITY TO BIND THE REPRESENTED ENTITY TO THE TERMS AND CONDITIONS OF THIS AGREEMENT; AND YOU AGREE ON BEHALF OF THE REPRESENTED ENTITY TO BE BOUND BY ITS TERMS AND CONDITIONS. Qualcomm CONFIDENTIAL AND PROPRIETARY Rev. 2015.01.12