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This commit is contained in:
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templates/corporate/policies/terms-before-2022.md
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templates/corporate/policies/terms-before-2022.md
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# Terms of Service for the Zulip service by Kandra Labs (prior to 2022)
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!!! warn ""
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Starting January 1, 2022, these terms are replaced by the updated
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[Terms of Service](/policies/terms).
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### Welcome to Zulip!
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Thanks for using our products and services ("Services"). The Services are
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provided by Kandra Labs, Inc. ("Kandra Labs"), located at
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450 Townsend Street, San Francisco, CA 94107, United States.
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By using our Services, you are agreeing to these terms. Please read them
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carefully.
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The Services are not intended for use by you if you are under 13 years of
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age. By agreeing to these terms, you are representing to us that you are over
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13.
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### Using our Services
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You must follow any policies made available to you within the Services.
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Don't misuse our Services. For example, don't interfere with our Services or
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try to access them using a method other than the interface and the instructions
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that we provide. You may use our Services only as permitted by law, including
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applicable export and re-export control laws and regulations. We may suspend or
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stop providing our Services to you if you do not comply with our terms or
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policies or if we are investigating suspected misconduct.
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Using our Services does not give you ownership of any intellectual property
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rights in our Services or the content you access. You may not use content from
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our Services unless you obtain permission from its owner or are otherwise
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permitted by law. These terms do not grant you the right to use any branding or
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logos used in our Services. Don't remove, obscure, or alter any legal notices
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displayed in or along with our Services.
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Our Services display some content that does not belong to Kandra Labs. This content is the
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sole responsibility of the entity that makes it available. We may review
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content to determine whether it is illegal or violates our policies, and we may
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remove or refuse to display content that we reasonably believe violates our
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policies or the law. But that does not necessarily mean that we review content,
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so please don't assume that we do.
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In connection with your use of the Services, we may send you service
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announcements, administrative messages, and other information. You may opt out
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of some of those communications.
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### Your Kandra Labs Zulip Account
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You may need a Kandra Labs Zulip Account ("Account") in order to use some of our Services. You may
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create your own Account, or your Account may be assigned to you
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by an administrator, such as your employer or educational institution. If you
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are using an Account assigned to you by an administrator, different or
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additional terms may apply and your administrator may be able to access or
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disable your account.
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If you learn of any unauthorized use of your password or account, contact
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[support@zulipchat.com](mailto:support@zulipchat.com).
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### Privacy and Copyright Protection
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The Kandra Labs [privacy policy](/policies/privacy) explains how we treat your
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personal data and protect your privacy when you use our Services. By using our
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Services, you agree that Kandra Labs can use such data in accordance with our
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privacy policy.
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We respond to notices of alleged copyright infringement and terminate
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accounts of repeat infringers according to the process set out in the U.S.
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Digital Millennium Copyright Act.
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Our designated agent for notice of alleged copyright infringement on the
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Services is:
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> Copyright Agent
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> Kandra Labs, Inc.
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> 450 Townsend Street
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> San Francisco, CA 94107
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> [copyright@zulipchat.com](mailto:copyright@zulipchat.com)
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### Your Content in our Services
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Some of our Services allow you to submit content. You retain ownership of
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any intellectual property rights that you hold in that content. In short, what
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belongs to you stays yours.
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When you upload or otherwise submit content to our Services, you give Kandra Labs
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(and those we work with) a worldwide license to use, host, store, reproduce,
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modify, create derivative works (such as those resulting from translations,
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adaptations or other changes we make so that your content works better with our
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Services), communicate, publish, perform, display and distribute such content.
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The rights you grant in this license are for the limited purpose of operating
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and improving our Services, and to develop new ones. This license continues
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even if you stop using our Services (for example, so that we can deliver a
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message that you sent to another Account before you stopped using our
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Services). Some Services may offer you ways to access and remove content that
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has been provided to that Service. Also, in some of our Services, there may be
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terms or settings that narrow the scope of our use of the content submitted in
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those Services. Make sure you have the necessary rights to grant us this
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license for any content that you submit to our Services. If you use the
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Services to share content with others, anyone you've shared content with
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(including the general public, in certain circumstances) may have access to the
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content.
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In order to provide the Services, our servers save a record of the messages
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received by each Account (the "Received Message Information" for the
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account). If you are using our Services on behalf of a business and a
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representative of that business sends [data@zulipchat.com](mailto:data@zulipchat.com)
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a request to delete all of your business' accounts with us, then within a
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commercially reasonable period of time, we will close all of your business'
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accounts with us and delete the Received Message Information for each such
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account by removing pointers to the information on our active servers and
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overwriting it over time. Notwithstanding the foregoing, deleting the Received
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Message Information for your business' accounts will not require deleting any
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information about messages that were sent or received by any Accounts that
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are not one of your business' accounts with us (such as system-wide announcement
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messages or any messages corresponding with the Kandra Labs support team).
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You can find more information about how Kandra Labs uses and stores content in
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the privacy policy. If you submit feedback or suggestions about our Services,
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we may use your feedback or suggestions without obligation to you.
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### About Software in our Services
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When a Service requires or includes downloadable software, this software may
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update automatically on your device once a new version or feature is available.
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Some Services may let you adjust your automatic update settings.
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Kandra Labs gives you a personal, worldwide, royalty-free, non-assignable and
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non-exclusive license to use the software provided to you by Kandra Labs as part of
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the Services. This license is for the sole purpose of enabling you to use and
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enjoy the benefit of the Services as provided by Kandra Labs, in the manner
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permitted by these terms. You may not copy, modify, distribute, sell, or lease
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any part of our Services or included software, nor may you reverse engineer or
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attempt to extract the source code of that software, unless laws prohibit those
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restrictions or you have our written permission.
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Some software used in our Services may be offered under an open source
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license that we will make available to you. There may be provisions in the
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open source license that expressly override some of these terms.
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### Modifying and Terminating our Services
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We are constantly changing and improving our Services. We may add or remove
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functionalities or features, and we may suspend or stop a Service
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altogether.
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You can stop using our Services at any time, although we'll be sorry to see
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you go. Kandra Labs may also stop providing Services to you, or add or create new
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limits to our Services at any time.
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We believe that you own your data and preserving your access to such data is
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important. If we discontinue a Service, we will, if it is practical in our sole
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discretion, give you reasonable advance notice and a chance to get information
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out of that Service.
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### Our Warranties and Disclaimers
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We hope that you will enjoy using our Services, but there are certain things
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that we don't promise about our Services.
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OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS, NEITHER KANDRA LABS NOR ITS
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SUPPLIERS OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICES. FOR
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EXAMPLE, WE DON'T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SERVICES,
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THE SPECIFIC FUNCTION OF THE SERVICES, OR THEIR RELIABILITY, AVAILABILITY, OR
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ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE SERVICES "AS IS".
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SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY
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OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO
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THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.
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### Liability for our Services
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WHEN PERMITTED BY LAW, KANDRA LABS, AND KANDRA LABS'S SUPPLIERS AND DISTRIBUTORS, WILL
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NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR
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INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.
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TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF KANDRA LABS, AND ITS
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SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIM UNDER THESE TERMS, INCLUDING FOR ANY
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IMPLIED WARRANTIES, IS LIMITED TO THE GREATER OF FIVE DOLLARS ($5) OR THE
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AMOUNT PAID BY YOU TO KANDRA LABS FOR THE PAST THREE MONTHS OF THE SERVICES IN
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QUESTION.
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IN ALL CASES, KANDRA LABS, AND ITS SUPPLIERS AND DISTRIBUTORS, WILL NOT BE LIABLE
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FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.
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### Business uses of our Services
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If you are using our Services on behalf of a business, that business accepts
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these terms. It will hold harmless and indemnify Kandra Labs and its affiliates,
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officers, agents, and employees from any claim, suit or action arising from or
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related to the use of the Services or violation of these terms, including any
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liability or expense arising from claims, losses, damages, suits, judgments,
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litigation costs and attorneys' fees.
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You agree that we, in our sole discretion, may use your trade names,
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trademarks, service marks, logos, domain names and other distinctive brand
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features in presentations, marketing materials, customer lists, financial
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reports and Web site listings (including links to your website) for the purpose
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of advertising or publicizing your use of our products or services.
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### Export Compliance
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If you are located outside of the United States or are not a U.S. person,
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you certify that you do not reside in Cuba, Iran, North Korea, Sudan, or Syria,
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and you certify the following: "We certify that this beta test software will
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only be used for beta testing purposes, and will not be rented, leased, sold,
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sublicensed, assigned, or otherwise transferred. Further, we certify that we
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will not transfer or export any product, process, or service that is the direct
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product of the beta test software."
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### About these Terms
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If it turns out that a particular term is not enforceable, this will not
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affect any other terms.
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If you do not comply with these terms, and we don't take action right away,
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this doesn't mean that we are giving up any rights that we may have (such as
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taking action in the future).
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These terms control the relationship between Kandra Labs and you. They do not
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create any third party beneficiary rights.
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The laws of California, U.S.A., excluding California's conflict of
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laws rules, will apply to any disputes arising out of or relating to these
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terms or the Services. All claims arising out of or relating to these terms or
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the Services will be litigated exclusively in the applicable federal or state
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courts of California, and you and Kandra Labs consent to personal jurisdiction in
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those courts.
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Kandra Labs reserves the right to amend or modify these terms at any time and in
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any manner by providing reasonable notice to you. You agree that reasonable
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notice may be provided by posting on Kandra Labs's web site, email, or other written
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notice. By continuing to access or use the Services after revisions become
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effective, you agree to be bound by the revised terms. If you do not agree to
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the new terms, please stop using the Services.
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These terms constitute the whole legal agreement between you and Kandra Labs, and
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completely replace any prior agreements between you and Kandra Labs in relation to
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the Services.
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Last modified: May 7, 2021
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Block a user