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DIR Contract No. DIR-CPO-5688 <br />IMMIXTECHNOLOGY, INC. — 541912608 <br />10 S011F`111"WA1:t1:..:.,ll�JIII IIIE <br />10.''I ' ol'twar,e III11 Viiicieuuime gr°eeuuiu erit <br />A. Customers acquiring software licenses under this Contract shall hold, use, and <br />operate such software subject to compliance with the Software License <br />Agreement. Customer and Successful Respondent may agree to additional terms <br />and conditions that do not diminish a term or condition in the Software License <br />Agreement, or in any manner lessen the rights or protections of Customer or the <br />responsibilities or liabilities of Successful Respondent. Successful Respondent <br />shall make the Software License Agreement terms and conditions available to all <br />Customers at all times. <br />B. Compliance with the Software License Agreement is the responsibility of the <br />Customer. DIR shall not be responsible for any Customer's compliance with the <br />Software License Agreement. <br />11 COMIF1„,,EC”"1111"'lI R E Dii nONAL I ERMS <br />A. The terms and conditions of this Contract shall supersede any additional <br />conflicting or additional terms in any additional service agreements, statement of <br />work, and any other provisions, terms, conditions, and license agreements, <br />including those which may be affixed to or accompany software upon delivery <br />(sometimes called shrink-wrap or click -wrap agreements), and any linked or <br />supplemental documents, which may be proposed, issued, or accepted by <br />Successful Respondent and Customer in addition to this Contract (such additional <br />agreements, "Additional Agreements"), regardless of when such Additional <br />Agreements are proposed, issued, or accepted by Customer. Notwithstanding the <br />foregoing, it is Customer's responsibility to review any Additional Agreements to <br />determine if Customer accepts such Additional Agreement. If Customer does not <br />accept such Additional Agreement, Customer shall be responsible for negotiating <br />any changes thereto. <br />B. Any update or amendment to an Additional Agreement shall only apply to <br />Purchase Orders for the associated product or service offering after the effective <br />date of such update or amendment; provided that, if Successful Respondent has <br />responded to a Customer's solicitation or request for pricing, any subsequent <br />DIR-CPO-TMP-570 Page 8 of 10 <br />Version 1.0 <br />Rev. 3/21 /23 <br />