END-USER LICENSE AGREEMENT FOR HYDRODIGITAL PLATFORM AND DATA

This Commercial License (“Commercial License”) and End-User License Agreement (“EULA”), (collectively “Agreement”) is a legal agreement entered into by and between you, whether personally or on behalf of an entity (“Customer”) or (“you”) and HydroDigital, LLC (“HydroDigital”, “we”, “our” or “us”), concerning the software (“Software”), user interface access (“Interface” and “Interface Access”), Application Programming Interface Access (“API” and “API Access”), and HydroDigital HydroTwin Digital Twin System, specifically the real-time decision support system component that provides digital twin functionality for water and wastewater infrastructure monitoring, modeling, and management, along with any content, functionality, and services offered through such digital twin system and any related software, documentation, and materials (“Digital Twin Software”), (collectively the (“HydroDigital Platform”)) and data produced by the HydroDigital Platform system. This Agreement is valid and grants the end-user rights related to the HydroDigital Platform ONLY if the HydroDigital Platform is genuine. This Agreement is valid and grants the end user rights related to the Interface and API if HydroDigital directly provides access to such individual user and such user accepts the accompanying terms for such use. By installing, copying, downloading, accessing or otherwise using the HydroDigital Platform or hosted data, you agree to be bound by the terms of this Agreement and our Privacy Policy, located at https://hydrodigital.com/privacy-policy/, incorporated herein by reference. By using the HydroDigital Platform, you represent and warrant that: (1) you have the legal capacity and you agree to comply with this Agreement; (2) you are not a minor in the jurisdiction in which you reside; (3) you will not access the HydroDigital Platform through unauthorized automated or non-human means, whether through a bot, script, or otherwise; (4) you will not use the HydroDigital Platform for any illegal or unauthorized purpose; (5) you will not decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up all or any part of the HydroDigital Platform; (6) you will not share your Access Credentials (as defined below) in violation of this Agreement unless otherwise authorized in writing by HydroDigital; and (7) your use of the HydroDigital Platform will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the HydroDigital Platform (or any portion thereof). If you do not agree to the terms of this Agreement, you may not use or copy the HydroDigital Platform or hosted data and you should promptly contact HydroDigital for instructions on return of the unused product(s) for a refund in accordance with its return policies.

CHANGES TO THE AGREEMENT

We may revise and update this Agreement from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the HydroDigital Platform thereafter.
Your continued use of the HydroDigital Platform following the posting of revised Agreement means that you accept and agree to the changes. You are expected to check this page from time to time and each time you access this HydroDigital Platform so you are aware of any changes, as they are binding on you.

WEBSITE, API AND SOFTWARE LICENSE

The term “Application Programming Interface” (“API”) as used herein means a collection of technical specifications, routines, classes, function parameters, protocols, webhooks, related libraries, and other instructions provided in source code or object code form for the exchange of information and the interfacing of software and/or hardware.
The term “Interface” as used herein means the HydroDigital Platform user interface accessed by a computer or any hand-held device by designated users through a secure portal.
The term “Processed Data” as used herein means data collected by the HydroDigital Platform system, hosted and made available through the Interface (“Customer Interface”).
The term “Raw Data” as used herein means the data collected by the HydroDigital Platform system consisting of sensor measurements and analytics data at a given time from a given location.
The term “User Contributions” as used herein means any content, materials, or information that users post, submit, publish, display, or transmit through the HydroDigital Platform.

1. DATA OWNERSHIP AND GRANT OF DATA LICENSE

Customer is the owner of all Raw Data generated by the HydroDigital Platform system. In consideration of the agreements and obligations between the Parties, and other than for the use of the Raw Data in general and specifically in the creation and use of a proprietary interface, Customer hereby grants HydroDigital an non-exclusive, irrevocable, fully paid-up license to control and use the Raw Data collected by the HydroDigital Platform system both in raw or processed format provided HydroDigital provides notice to Customer of any intended external use of the Raw Data or the Processed Data and obtains consent from Customer not to
be unreasonably withheld. HydroDigital reserves the right to charge fees for access to the Raw Data or Processed Data when users other than Customer access the Interface or API. Upon request, HydroDigital will delete Raw Data within 30 days of a written request. HydroDigital may retain an archival copy for its records retention program or for the purposes of complying with request of law enforcement or other official agencies.

2. GRANT OF SOFTWARE LICENSE

HydroDigital grants you the following rights provided that you comply with all terms and conditions of this Agreement:

2.1. USE OF INTERFACE

If you choose, or are provided with, a user name, identification number, password, license or security key, security token, PIN or other security code, method, technology or device used, alone or in combination, to verify an individual’s identity and authorization to access and use the HydroDigital Platform (collectively, “Access Credentials”), you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the HydroDigital Platform or portions of it using your Access Credentials. You agree to notify us immediately of any unauthorized access to, or use of, your Access Credentials or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your Access Credentials or other personal information.
We have the right to disable any Access Credentials, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of this Agreement.
Except as otherwise expressly provided in this Agreement, you may access the Interface using Access Credentials. Each individual user shall access the Interface using separate log in information and shall be bound to the terms and conditions of the use of such Interface as set forth in this Agreement. Customer may use and disseminate Processed Data to outside parties without the express permission of HydroDigital.
We reserve the right to withdraw or amend the HydroDigital Platform, and any service or material we provide on the HydroDigital Platform, in our sole discretion without notice. We will not be liable if for any reason all or any part of the HydroDigital Platform is unavailable at any time or
for any period. From time to time, we may restrict access to some parts of the HydroDigital Platform, or the entire HydroDigital Platform, to users, including registered users.
You are responsible for making all arrangements necessary for you to have access to the HydroDigital Platform and ensuring that all persons who access the HydroDigital Platform through your Internet connection are aware of this Agreement and comply with them.
To access the HydroDigital Platform or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the HydroDigital Platform that all the information you provide on the HydroDigital Platform is correct, current, and complete. You agree that all information you provide to register with this HydroDigital Platform or otherwise, including but not limited to through the use of any interactive features on the HydroDigital Platform, is governed by our Privacy Policy located at https://hydrodigital.com/privacy-policy/, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

2.2. USE OF API

Customer, at its own expense, may develop its own interface to access and process the Raw Data. Customer agrees that any individual accessing API on behalf of Customer shall be bound by the terms and conditions of the use of such API as set forth in this Agreement. The data obtained through API Access, Raw Data, may not be used by or disseminated to third parties without the express written consent of HydroDigital. HydroDigital reserves the right to certify the Customer interface and require security protocols that will protect the HydroDigital Platform.

2.3. SOFTWARE TRANSFER

THIS LICENSE MAY NOT BE SHARED, TRANSFERRED TO OR USED CONCURRENTLY BY ANY THIRD PARTY OUTSIDE YOUR ORGANIZATION. You may permanently transfer all of your rights under this Agreement provided you retain no copies, if you transfer the Software (including all component parts, the media, any upgrades, this Agreement), and the recipient agrees to the terms of this Agreement. If the Software is an upgrade, any transfer must also include all prior versions of the Software. You may not grant access to or use of the Software, API, Interface or Processed Data to any third party.

2.4. LICENSE GRANT FOR REMOTE ASSISTANCE

You may permit any device to access and use your licensed copy of the Software and Interface for the purpose of providing you with technical support and maintenance services.

2.5. LICENSE GRANT FOR DOCUMENTATION

Any documentation that accompanies the HydroDigital Platform Access is licensed for internal, non-commercial reference purposes only.

2.6. LICENSE GRANT FOR TEMPLATES

The HydroDigital Platform may include templates. You may copy and modify the document and Internet-based templates available as part of the HydroDigital Platform software that accompanies this Agreement and distribute such templates along with your modifications for use by other licensees of the HydroDigital Platform. You may not sell, resell, distribute, license, rent, lease, lend, or otherwise transfer for value, the templates. You must indemnify and defend HydroDigital against any claims or lawsuits, including attorneys’ fees, that arise from or result from the licensing or distribution of the templates as modified by you.

2.7. USER CONTRIBUTIONS

By providing any User Contributions on the HydroDigital Platform, you grant HydroDigital and its affiliates and service providers, and each of their respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose according to your account settings. All User Contributions must comply with the standards set out in this Agreement and will be considered non-confidential and non-proprietary.
By using the HydroDigital Platform and/or providing User Contributions, you represent and warrant that: (1) you own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns, and (2) all of your User Contributions do and will comply with this Agreement.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not HydroDigital, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the HydroDigital Platform.
You also acknowledge and agree that you and your Authorized User’s use of the HydroDigital Platform, the HydroDigital Website, and/or the HydroDigital Technology may require that you or your Authorized Users submit certain data pertaining to you or your Authorized Users, and/or your other customers or clients (collectively “Customer Data”), which may include
certain personally identifiable information. You hereby grant to HydroDigital and its affiliates the non-exclusive, perpetual, irrevocable, transferable, assignable, sub licensable, royalty-free, fully paid up, worldwide right and license to receive, collect, process, use, copy, modify, create derivative works from, enhance, improve, distribute, sell, offer to sell, promote, market, import, export, display, perform, and otherwise use the Customer Data, in raw or aggregated or any other form, for commercial or non-commercial purposes, in any media whether now known or hereafter discovered, with no obligation or accounting of any kind to Customer, its Authorized Users, or any other person or entity. Subject to the foregoing license, HydroDigital acknowledges and agrees that, as between the parties, Customer otherwise owns all right, title, and interest in and to the Customer Data.

3. RESERVATION OF RIGHTS AND OWNERSHIP

Unless otherwise indicated, the HydroDigital Platform is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the HydroDigital Platform (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright, trademark and trade secret laws and various other intellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions. The Content and the Marks are provided on the HydroDigital Platform “AS IS” for your information and personal use only. Except as expressly provided in this Agreement, no part of the HydroDigital Platform and no Content or Marks may be copied, reproduced, reverse engineered, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
You must not modify copies of any materials from the HydroDigital Platform, use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text, or delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the HydroDigital Platform.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the HydroDigital Platform in breach of the Agreement, your right to use the HydroDigital Platform will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the HydroDigital Platform or any content on the HydroDigital Platform is transferred to you, and all rights not expressly granted are reserved by HydroDigital. The HydroDigital Platform is protected by patent, copyright and other intellectual property laws and treaties. HydroDigital or its affiliates own the title, copyright, and other intellectual property rights in the HydroDigital Platform. The
HydroDigital Platform is licensed, not sold. This Agreement does not grant you any rights to trademarks or service marks of HydroDigital or its affiliates.
Any use of the HydroDigital Platform not expressly permitted by this Agreement is a breach of this Agreement and may violate copyright, trademark, and other laws, and HydroDigital may pursue any remedy available at law or in equity for damages arising out of or in connection with such breach.

4. LIMITATIONS ON REVERSE ENGINEERING, DECOMPILATION, AND DISASSEMBLY

You may not reverse engineer, decompile, or disassemble the HydroDigital Platform.

5. ADDITIONAL SOFTWARE/SERVICES

This Agreement applies to updates, supplements, add-on components, or Internet-based services components of the HydroDigital Platform (“Supplemental Components”) that HydroDigital or its affiliates may provide to you or make available to you after the date you obtain your initial copy of the HydroDigital Platform, unless other terms are provided along with the Supplemental Components. If other terms are not provided along with such Supplemental Components and the Supplemental Components are provided to you by HydroDigital or its affiliates, then you will be licensed by such entity under the same terms and conditions of this Agreement.

6. UPGRADES

To use the HydroDigital Platform identified as an upgrade, you must first be licensed for the HydroDigital Platform identified by HydroDigital as eligible for the upgrade. After an upgrade, you may no longer use the original HydroDigital Platform that formed the basis for your upgrade eligibility, except as part of the upgraded HydroDigital Platform, and all the terms of this Agreement shall apply to any upgrade.

7. PROHIBITED USES

You may use the HydroDigital Platform only for lawful purposes and in accordance with this Agreement. You agree not to use the HydroDigital Platform in any way that violates any
applicable federal, state, local, or international law or regulation, or to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the HydroDigital Platform, or which, as determined by us, may harm the Company or users of the HydroDigital Platform or expose them to liability. Additionally, you agree not to use the HydroDigital Platform in any manner that could disable, overburden, damage, or impair the HydroDigital Platform or interfere with any other party’s use, including their ability to engage in real time activities through the HydroDigital Platform. You may not use any robot, spider, or other automatic device, process, or means to access the HydroDigital Platform for any purpose, including monitoring or copying any of the material, use any manual process to monitor or copy any of the material, or for any other unauthorized purpose without our prior written consent, use any device, software, or routine that interferes with the proper working of the HydroDigital Platform. You may not introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful, attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the HydroDigital Platform, the server on which the HydroDigital Platform is stored, or any server, computer, or database connected to the HydroDigital Platform, attack the HydroDigital Platform via a denial-of-service attack or a distributed denial-of-service attack, or otherwise attempt to interfere with the proper working of the HydroDigital Platform.

8. MONITORING; ENFORCEMENT AND TERMINATION

We reserve the right, but not the obligation, to: (1) monitor the HydroDigital Platform for violations of this Agreement; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or this Agreement, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, notice, or liability, to remove from the HydroDigital Platform or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (4) otherwise manage the HydroDigital Platform in a manner designed to protect our rights and property and to facilitate the proper functioning of the HydroDigital Platform.
This Agreement shall remain in full force and effect while you use the HydroDigital Platform. WITHOUT LIMITING ANY OTHER PROVISION OF THIS AGREEMENT, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE HYDRODIGITAL PLATFORM (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THIS AGREEMENT OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE HYDRODIGITAL PLATFORM AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third
party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

9. DISCLAIMER OF WARRANTIES

You understand that we cannot and do not guarantee or warrant that files available for downloading from the HydroDigital Platform will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our HydroDigital Platform for any reconstruction of any lost data.
TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE HYDRODIGITAL PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE HYDRODIGITAL PLATFORM OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SOFTWARE LINKED TO IT.
YOUR USE OF THE HYDRODIGITAL PLATFORM, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE HYDRODIGITAL PLATFORM IS AT YOUR OWN RISK. THE HYDRODIGITAL PLATFORM, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE HYDRODIGITAL PLATFORM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE HYDRODIGITAL PLATFORM. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE HYDRODIGITAL PLATFORM, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE HYDRODIGITAL PLATFORM WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR HYDRODIGITAL PLATFORM OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

10. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES

To the maximum extent permitted by applicable law, in no event shall HydroDigital or its affiliates be liable for any special, incidental, punitive, 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 of good faith or of reasonable care, for negligence, and for any other pecuniary or other loss whatsoever) arising out of or in any way related to the use of or inability to use the HydroDigital Platform, Processed Data or Raw Data, the provision of or failure to provide support or other services, information, software, and related content through the HydroDigital Platform, or otherwise under or in connection with any provision of this Agreement, even in the event of the fault, tort (including negligence), misrepresentation, strict liability, breach of contract or breach of warranty of HydroDigital, and even if HydroDigital or any supplier (including their subsidiaries) has been advised of the possibility of such damages.

11. LIMITATION ON LIABILITY

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, MANAGERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE HYDRODIGITAL PLATFORM, ANY SOFTWARES LINKED TO IT, ANY CONTENT ON THE HYDRODIGITAL PLATFORM OR SUCH OTHER SOFTWARES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

12. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless HydroDigital, its affiliates, licensors, and service providers, and its respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments,
awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of this Agreement or your use of the HydroDigital Platform, including, but not limited to, any use of the HydroDigital Platform’s content, services, and products other than as expressly authorized in this Agreement or your use of any information obtained from the HydroDigital Platform.

13. APPLICABLE LAW

All matters relating to the HydroDigital Platform and this Agreement and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Indiana without giving effect to any choice or conflict of law provision or rule (whether of the State of Indiana or any other jurisdiction).
Any legal suit, action, or proceeding arising out of, or related to, this Agreement or the HydroDigital Platform shall be instituted exclusively in the federal courts of the United States in the Northern District of Indiana or the courts of the State of Indiana located in St. Joseph County, Indiana (although we retain the right to bring any suit, action, or proceeding against you for breach of this Agreement in your country of residence or any other relevant country). You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

14. LIMITATION ON TIME TO FILE CLAIMS

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE HYDRODIGITAL PLATFORM MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

15. ENTIRE AGREEMENT; WAIVER AND SEVERABILITY

This Agreement, including any addendum or amendment, except as specifically provided herein, is the entire Agreement between you and HydroDigital relating to the HydroDigital Platform and Raw Data and the support services (if any), and they supersede all prior or contemporaneous oral or written communications, proposals and representations with respect to the HydroDigital Platform or any other subject matter covered by this Agreement.
No waiver by the Company of any term or condition set out in this Agreement shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition,
and any failure of the Company to assert a right or provision under this Agreement shall not constitute a waiver of such right or provision.
If any provision of this Agreement is held by a court or other tribunal of competent jurisdiction to be void, invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Agreement will continue in full force and effect. If any terms conflict between this Agreement or any click accepted agreement related to Interface or API access entered into between the Parties, this Agreement shall control.