Profound policy evolution

“Customer will indemnify and hold harmless and, at Profound’s request will defend, Profound from and against any third-party claim, including any damages and costs awarded against Profound (including reasonable attorneys’ fees) or agreed in a settlement resulting from the claim, to the extent (a) alleging facts that, if true, would result in Customer’s breach of Section 5 (Customer Obligations), or (b) relating to Customer’s business practices or use of Service Content.”

“Trials and Betas are optional and either Party may terminate Trials and Betas at any time for any reason. Trials and Betas may be inoperable, incomplete, or include features that Profound may never release, and their features and performance information are Profound’s Confidential Information. NOTWITHSTANDING ANYTHING ELSE IN THIS AGREEMENT, PROFOUND PROVIDES NO WARRANTY, INDEMNITY, OR SUPPORT FOR TRIALS AND BETAS, AND ITS LIABILITY FOR TRIALS AND BETAS WILL NOT EXCEED US$50. 17. Publicity . Profound may include Customer and its trademarks in Profound’s customer lists and promotional materials but will cease further use at Customer’s written request. 18. General Terms . 18.1 Assignment. Neither Party may assign this Agreement without the prior consent of the other Party, except that either Party may assign this Agreement in connection with a merger, reorganization, acquisition, or other transfer of all or substantially all its voting securities or assets to which this Agreement relates to the other Party involved in such transaction. Any non-permitted assignment is void. This Agreement will bind and inure to the benefit of each Party’s permitted successors and assigns. 18.2 Governing Law, Jurisdiction and Venue. This Agreement is governed by the laws of the State of Delaware and the United States without regard to conflicts of laws provisions that would result in the application of the laws of another jurisdiction and without regard to the United Nations Convention on the International Sale of Goods.”

“EXCEPT AS EXPRESSLY PROVIDED IN SECTIONS 9.1 (MUTUAL WARRANTIES), THE PROFOUND TECHNOLOGY, ANY SUPPORT, OR TECHNICAL SERVICES, AND ALL OTHER PROFOUND SERVICES ARE PROVIDED “AS IS”. PROFOUND, ON ITS OWN BEHALF AND ON BEHALF OF ITS SUPPLIERS AND LICENSORS, MAKES NO OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NONINFRINGEMENT. PROFOUND DOES NOT WARRANT THAT CUSTOMER’S USE OF THE PROFOUND TECHNOLOGY WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT IT WILL MAINTAIN CUSTOMER DATA WITHOUT LOSS. PROFOUND IS NOT LIABLE FOR DELAYS, FAILURES, OR PROBLEMS INHERENT IN USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS OR OTHER SYSTEMS OUTSIDE PROFOUND’S CONTROL. CUSTOMER MAY HAVE OTHER STATUTORY RIGHTS, BUT ANY STATUTORILY REQUIRED WARRANTIES WILL BE LIMITED TO THE SHORTEST LEGALLY PERMITTED PERIOD. Without limiting the foregoing, and notwithstanding anything to the contrary in this Agreement, Customer acknowledges and agrees that: (a) the Services and Service Content are not professional advice; (b) the Services and Service Content may include inaccurate or erroneous information; (c) Customer is responsible for independently evaluating the Service Content and any other information Customer receives from the Services; and (d) due to the changing nature of AI Platforms and Third-Party Platforms, Profound does not guarantee the Services will support or be compatible with specific AI Platforms and Third-Party Platforms.”

“Customer will indemnify and hold harmless and, at Profound’s request will defend, Profound from and against any third-party claim, including any damages and costs awarded against Profound (including reasonable attorneys’ fees) or agreed in a settlement resulting from the claim, to the extent (a) alleging facts that, if true, would result in Customer’s breach of Section 5 (Customer Obligations), or (b) relating to Customer’s business practices or use of Service Content.”