1. ACCEPTANCE OF TERMS OF USE

YOU MUST READ THESE TERMS OF USE (hereinafter referred to as "Terms") CAREFULLY.

1.1 Rack-Soft, LLC doing business as 4PSA (hereinafter referred to as "4PSA") PROVIDES THIS WEBSITE (hereinafter referred to as "Website") TO YOU, YOUR EMPLOYEES, AGENTS, AND CONTRACTORS, AND ANY OTHER ENTITY ON WHOSE BEHALF YOU ACCEPT THESE TERMS (hereinafter referred to as "You"), SUBJECT TO THESE TERMS. THESE TERMS ARE ENTERED INTO BY AND BETWEEN 4PSA AND YOU, AND YOU ACCEPT THEM BY: (a) PLACING AN ORDER THROUGH THIS WEBSITE; (b) USING THE WEBSITE IN ANY OTHER MANNER. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEBSITE.

1.2 This Website includes without limitation: (a) the 4PSA online store and other online services accessible via the Website (hereinafter referred to as "Services"); (b) information such as technical, contractual, product, program, pricing, marketing, and other valuable information (hereinafter referred to as "Information"); and (c) content such as data, text, software, sound, photographs, graphics, video, messages, or other materials (hereinafter referred to as "Content"). 4PSA controls and operates its websites from various locations and makes no representation that this Website is appropriate or available for use in all locations. 4PSA products and services may not be available in Your location, and deliverables may vary among locations. If You are using the Website on behalf of Your employer, You represent and warrant that You are authorized to accept these Terms on Your employer's behalf, and that Your employer agrees to indemnify You and 4PSA for violations of these Terms. In addition to the Terms and unless otherwise noted, the standard 4PSA terms and conditions of sale govern purchases You make through the Website, unless You have in effect a separate valid written purchase or license agreement with 4PSA for that product or service, in which case that separate agreement governs, and in cases of conflict, prevails.

2. YOUR OBLIGATIONS AND CONDUCT

2.1 In consideration of Your use of the Website, You agree to: (a) provide accurate, current, and complete information about You as may be prompted by a registration form on the Website (hereinafter referred to as the "Registration Data"); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any information You provide to 4PSA, to keep it accurate, current and complete; and (d) accept all risks of unauthorized access to Information and Registration Data. You have sole responsibility for adequate protection and backup of data and/or equipment used in connection with the Website. 4PSA is not liable for any unauthorized use of the Website or Services. You acknowledge and agree that certain Services may provide password-restricted access to customer information such as names and certain terms of Your existing contracts to assist You in purchasing, maintaining and supporting Your 4PSA products. By using this Website and registering for such Services, You consent to 4PSA's display of such Information via the Services and accept all risks of unauthorized access to such Information. If You provide any Information that is false, inaccurate, out of date, or incomplete, or 4PSA has reasonable grounds to suspect that such Information is false, inaccurate, not current, or incomplete, 4PSA may suspend or terminate Your account and refuse any and all current or future use of the Services (or any portion thereof).

2.2 You understand that all Content, whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that You, and not 4PSA, are entirely responsible for all Content that You upload, post or otherwise transmit via the Services. 4PSA does not control the Content posted via the Services and, as such, does not guarantee the accuracy, integrity or quality of such Content.

2.3 You agree not to post or otherwise transmit via the Website Content that: (a) is inaccurate, harmful, obscene, pornographic, defamatory, racist, violent, offensive, harassing, or otherwise objectionable to 4PSA or other users of the Website; (b) includes unauthorized disclosure of personal information; (c) violates or infringes anyone's intellectual property rights; or (d) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.

2.4 4PSA reserves the right to edit or remove content that 4PSA becomes aware of and determines to be harmful, offensive or otherwise in violation of these Terms. 4PSA may also remove Content that contains third-party commercial advertisements, is inaccurate or includes unauthorized disclosure or personal information. Violation of these restrictions (hereinafter referred to as "Restrictions") may also result in the termination or suspension of your account. These Restrictions apply to all content provided to or through the Services, including email messages, newsgroup postings, chat, and personal or business web pages.

2.5 You agree that You will not use the Website to: (a) transmit spam, bulk or unsolicited communications; (b) impersonate any person or entity, including, but not limited to, a 4PSA official, or falsely state or otherwise misrepresent Your affiliation with a person or entity; (c) forge headers or otherwise manipulate identifiers (including URLs) in order to disguise the origin of any Content transmitted through the Services; (d) upload, post or otherwise transmit any Content that You do not have a right to transmit to the public under any law or under contractual or fiduciary relationships (such as inside information, proprietary or confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (e) upload, post or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (f) disrupt the normal flow of dialogue or otherwise act in a manner that negatively affects other users' ability to use the Website; (g) engage in activities that would violate any fiduciary relationship, any applicable local, national or international law, or any regulations having the force of law, including but not limited to attempting to compromise the security of any networked account or site, operating an illegal lottery or gambling operation, stalking, or making threats of harm; or (h) collect or store personal data about other users unless specifically authorized by such users.

3. CONFIDENTIALITY OF 4PSA INFORMATION

In order to gain access to the Services, You agree, either as an individual or on behalf of Your employer, to be bound by the provisions of this Section 3. Furthermore, if You are acting on behalf of Your employer, Your employer agrees to indemnify You for violations of this Section 3.

3.1 You may obtain direct access via the Website to certain confidential information of 4PSA and its suppliers, including without limitation technical, contractual, product, program, pricing, marketing, and other valuable information that should reasonably be understood as confidential (hereinafter referred to as "Confidential Information"). You must hold Confidential Information in strict confidence and may provide Confidential Information to employees in Your organization only on a need-to-know basis. You may use the Confidential Information from the Website solely for the purpose of purchasing, maintaining and supporting Your 4PSA products. Title to Confidential Information remains with 4PSA and its suppliers.

3.2 You do not acquire any rights in Confidential Information, except the limited right to use Confidential Information as described above.

3.3 Any breach of the Terms will result in irreparable harm to 4PSA for which damages would be an inadequate remedy and, therefore, in addition to its rights and remedies otherwise available at law, 4PSA will be entitled to equitable relief, including both a preliminary and permanent injunction, if such a breach occurs. You waive any requirement for the posting of a bond or other security, if 4PSA seeks such an injunction.

3.4 Your obligations regarding Confidential Information expire 5 (five) years after the date of disclosure. Upon termination of the Terms or 4PSA's written request, You must cease use of Confidential Information and return or destroy it.

3.5 The Terms impose no obligation upon You with respect to Confidential Information that You can establish by legally sufficient evidence: (a) You possessed prior to Your receipt from 4PSA, without an obligation to maintain its confidentiality; (b) is or becomes generally known to the public through no act or omission by You, or otherwise without violation of the Terms; (c) You obtained from a third party who had the right to disclose it, without an obligation to keep such information confidential; (d) You independently developed without the use of Confidential Information and without the participation of individuals who have had access to it, or (e) in response to a valid order by a court or other governmental body, as otherwise required by law, or as necessary to establish the rights of either party under these Terms and as disclosed after prior notice to 4PSA adequate to afford 4PSA the opportunity to object to the disclosure.

4. CONTENT SUBMITTED TO 4PSA

4.1 4PSA does not claim ownership of the Content You place on the Website and shall have no obligation of any kind with respect to such Content.

4.2 4PSA does not routinely monitor Content, but 4PSA and its designees reserve the right to monitor, restrict access to, edit or remove any Content that violates the Terms or is otherwise objectionable. You must evaluate and bear all risks associated with the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.

4.3 Unless otherwise explicitly stated herein, or in 4PSA's Privacy Policy, any Content You provide in connection with this Website shall be deemed to be provided on a non-proprietary and non-confidential basis. 4PSA shall be free to use or disseminate such Content on an unrestricted basis for any purpose, and You grant 4PSA and all other users of the Website an irrevocable, worldwide, royalty-free, nonexclusive license to use, reproduce, modify, distribute, transmit, display, perform, adapt, resell, and publish such Content (including in digital form). You represent and warrant that you have proper authorization for the worldwide transfer and processing among 4PSA, its affiliates, and third-party providers of any information that You may provide on the Website.

5. SPAM EMAIL AND POSTING

5.1 You agree that 4PSA would be irreparably harmed by the use, by You or others, of 4PSA's Services or facilities in connection with the transmission of spam newsgroup postings or unsolicited email in violation of these Terms, and that 4PSA is entitled to obtain injunctive relief against any such transmission (in addition to all other remedies available at law or in equity). 4PSA reserves the right to block, filter or delete unsolicited email.

6. INDEMNITY

6.1 You agree to indemnify and hold 4PSA and its subsidiaries, affiliates, shareholders, officers, directors, agents, licensors, suppliers, alliance members, other partners, employees, and representatives harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Your Content, Your use of or in connection to the Website (including any use by You on behalf of Your employer), Your violation of the Terms, or Your violation of any rights of another.

7. NOTICES; MODIFICATION AND TERMINATION OF SERVICES; AMENDMENT OF TERMS

7.1 4PSA may provide notices of changes to the Terms or other matters by displaying notices or links to notices to You generally on the Services. 4PSA reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. 4PSA may make changes to the 4PSA online store, including regarding products, services, programs, and prices, at any time without notice. 4PSA, in its sole discretion, may terminate Your password, Your use of the Services or use of any other 4PSA service, and remove and discard any Content within the Services, for any reason, including, without limitation, for lack of use or if 4PSA believes that You have violated or acted inconsistently with the letter or spirit of the Terms. Any termination of Your access to the Services under any provision of the Terms may be effected without prior notice, and 4PSA may immediately de-activate or delete Your account and all related information and files in Your account and/or bar any further access to such files or the Services. Further, 4PSA will not be liable to You or any third-party for any termination, modification, or suspension of the Services, or loss of related information.

8. AVERTISEMENTS AND PROMOTIONS

8.1 4PSA runs advertisements and promotions from third parties on the Website. Your correspondence or business dealings with, or participation in promotions of advertisers other than 4PSA found on or through the Website, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between You and such advertiser. 4PSA is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such non-4PSA advertisers on the Website.

9. CONTENT PROVIDED VIA LINKS

9.1 You may find links to other Internet sites or resources on the Website. You acknowledge and agree that 4PSA is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. 4PSA will not be responsible or liable, directly or indirectly, for any actual or alleged damage or loss caused by or in connection with use of or reliance on any such content, goods or services available on or through any such website or resource.

9.2 This Website may be linked to other websites which are not under the control of and are not maintained by 4PSA. 4PSA is not responsible for the content of those sites. 4PSA is providing these links to You only as a convenience, and the inclusion of any link to such sites does not imply endorsement by 4PSA of those sites.

10. INTELLECTUAL PROPERTY RIGHTS

10.1 The Services and any software (including any downloads available on the Website or otherwise provided by 4PSA) used in connection with the Services (hereinafter referred to as “Software") contain proprietary and Confidential Information that is protected by applicable intellectual property rights and other laws. Content contained in third-party advertisements or information presented to You through the Services or advertisers is protected by copyrights, trademarks, service marks, patents, publicity rights, or other proprietary rights and laws. Except as expressly authorized by 4PSA or advertisers, You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services or the Software, in whole or in part.

10.2 You may use the Software and related Services only subject to the agreement or license that accompanies such Software or Services. You may use Software or Services only during their specified term, for the enumerated number of times, for the specified number of individuals, or as otherwise limited in the applicable agreement or license. Services involving an update, version release, product release, maintenance release, patch or derivative work of a licensed Software or Service may be used only: (a) on systems for which such Software or Service were specifically licensed; and (b) subject to the license and warranty term governing the original product or Service.

10.3 You must not modify, decompile, or reverse engineer any software 4PSA discloses to You, and You must not remove or modify any copyright or trademark notice, or other notice of ownership from any originals or copies of Software or Information from the Services.

10.4 "4PSA Trademarks" means all names, marks, brands, logos, designs, trade dress, slogans and other designations 4PSA uses in connection with its products and services. You may not remove or alter any 4PSA Trademarks, or co-brand your own products or material with 4PSA Trademarks, without 4PSA's prior written consent. You acknowledge 4PSA's rights in 4PSA Trademarks and agree that any use of 4PSA Trademarks by You shall inure to 4PSA's sole benefit. You agree not to incorporate any 4PSA Trademarks into Your trademarks, service marks, company names, Internet addresses, domain names, or any other similar designations, for use on or in connection with computer or Internet-related products, services or technologies.

10.5 4PSA is committed to respecting others' intellectual property rights, and we ask our users to do the same. If You believe that Your work has been copied in a way that constitutes copyright infringement on our Website, please contact our copyright agent at copyright@4psa.com.

10.6 All Content provided on this Website is provided by or to 4PSA by its respective manufacturers, authors, developers, and vendors (hereinafter referred to as "Third Party Providers") and is the copyrighted work of 4PSA and/or the Third Party Providers. Except as stated herein, none of the Content may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior express written permission of 4PSA or the Third Party Provider. No part of the Website, including logos, graphics, sounds or images, may be reproduced or retransmitted in any way, or by any means, without the prior express written permission of 4PSA. You also may not, without 4PSA's prior express written permission, "mirror" any Content contained on this Website on any other server.

10.7 Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppels, implication, or otherwise. You acknowledge sole responsibility for obtaining any such licenses.

10.8 Permission is granted to display, copy, distribute, and download Content owned by 4PSA on this Website provided that: (a) the copyright notice pertaining to the Content remains, and a permission notice (e.g., "Used with permission") is added to such Content; (b) the use of such Content is solely for personal and non-commercial use; (c) such Content will not be copied or posted on any networked computer or published in any medium, except as explicitly permitted by valid permission or license covering such materials; and (d) no modifications are made to such Content. This permission terminates automatically without notice, if You breach any of the terms or conditions in this Section 10. Upon termination, You must immediately destroy any downloaded and/or printed Content.

10.9 Any unauthorized use of any Content contained on this Website may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

10.10 Content provided by Third Party Providers has not been independently authenticated in whole or in part by 4PSA. 4PSA does not provide, sell, license, or lease any of the Content other than those specifically identified as being provided by 4PSA.

11. DISCLAIMER OF WARRANTIES

11.1 YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK UNLESS OTHERWISE EXPLICITLY STATED. THE WEBSITE, INCLUDING THE INFORMATION, SERVICES, AND CONTENT (AS DEFINED IN SECTION 1.2) IS PROVIDED ON AN "AS IS", "AS AVAILABLE", AND "WITH ALL FAULTS" BASIS. 4PSA DISCLAIMS ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES OF ANY KIND, INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. 4PSA MAKES NO REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES AS TO THE USEFULNESS QUALITY, SUITABILITY, TRUTH, ACCURACY, OR COMPLETENESS OF THE WEBSITE.

11.2 4PSA MAKES NO WARRANTY OR REPRESENTATION THAT: (a) THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (b) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE; (c) THE QUALITY OF ANY PRODUCTS, SERVICES, CONTENT, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED FROM THE WEBSITE WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS; OR (d) ANY ERRORS IN THE WEBSITE WILL BE CORRECTED.

11.3 ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM OBTAINING ANY CONTENT FROM THE WEBSITE, INCLUDING ANY DAMAGES RESULTING FROM COMPUTER VIRUSES.

11.4 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM 4PSA OR THROUGH OR FROM THE SERVICES WILL CREATE ANY WARRANTY OR CONDITION NOT EXPRESSLY STATED IN THE TERMS. 4PSA’S EMPLOYEES ARE NOT AUTHORIZED TO MODIFY THESE TERMS.

12. LIMITATION OF LIABILITY

12.1 TO THE FULL EXTENT PERMITTED BY LAW, 4PSA IS NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS, REVENUE, PROFITS, GOODWILL, USE, DATA, ELECTRONICALLY TRANSMITTED ORDERS, OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE, EVEN IF 4PSA HAS PREVIOUSLY BEEN ADVISED OF, OR REASONABLY COULD HAVE FORESEEN, THE POSSIBILITY OF SUCH DAMAGES, HOWEVER THEY ARISE, WHETHER IN BREACH OF CONTRACT OR IN TORT (INCLUDING NEGLIGENCE), INCLUDING WITHOUT LIMITATION DAMAGES DUE TO: (a) THE USE OF OR THE INABILITY TO USE THE WEBSITE; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED, OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE WEBSITE; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE, INCLUDING WITHOUT LIMITATION UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSIONS OR DATA, MALICIOUS OR CRIMINAL BEHAVIOR, OR FALSE OR FRAUDULENT TRANSACTIONS; OR (e) CONTENT OR INFORMATION YOU MAY DOWNLOAD, USE, MODIFY, OR DISTRIBUTE.

12.2 YOU HAVE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THE WEBSITE AND WILL NOT MAKE A CLAIM AGAINST 4PSA FOR LOST DATA, RE-RUN TIME, INACCURATE OUTPUT, WORK DELAYS OR LOST PROFITS RESULTING FROM THE USE OF THE CONTENT.

12.3 YOU AGREE TO HOLD 4PSA HARMLESS FROM, AND YOU COVENANT NOT TO SUE 4PSA FOR ANY CLAIMS BASED ON USING THE WEBSITE, WHETHER IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), TORT (INCLUDING NEGLIGENCE) OR OTHERWISE. Some jurisdictions do not allow the exclusion or limitation of direct, incidental or consequential damages, so portions of the above limitation or exclusion may not apply to You.

13. GENERAL TERMS

13.1 The Terms constitute the entire agreement between You and 4PSA, govern Your use of the Services, and cancel and supersede any prior agreements between You and 4PSA (including, but not limited to any prior versions of the Terms). No modification to the Terms will be binding, unless in writing and signed by an authorized 4PSA representative. You must not assign or otherwise transfer the Terms or any right granted hereunder. You also may be subject to additional terms and conditions that may apply when You use 4PSA or third-party products or services.

13.2 You agree that any material breach of Sections 2, 3, 4, 5, 9, 10, 11, 12, and 13 of the Terms will result in irreparable harm to 4PSA for which damages would be an inadequate remedy and, therefore, in addition to its rights and remedies otherwise available at law, 4PSA will be entitled to equitable relief, including both a preliminary and permanent injunction, if such a breach occurs. You waive any requirement for the posting of a bond or other security, if 4PSA seeks such an injunction.

13.3 Romanian law governs any action related to the Terms and/or Your use of the Website. Choice of law rules of any jurisdiction and the United Nations Convention on Contracts for the International Sale of Goods will not apply to any dispute under the Terms. To the maximum extent permitted by law, You hereby consent to the jurisdiction and venue of the courts located within Bucharest, Romania and waive any objections to the jurisdiction or venue of such courts.

13.4 Services, Content, and product derived or obtained from this Website may be subject to the Romanian export laws and the export or import laws of other countries. You agree to comply strictly with all such laws and, in particular, shall: (a) obtain any export, re-export, or import authorizations required by Romanian or your local laws; (b) not use Services, Content, or direct product from this Website to design, develop or produce missile, chemical / biological, or nuclear weaponry; and (c) not provide Services, Content, or direct product from this Website to proscribed or embargoed countries.

13.5 Rights and obligations under the Terms which by their nature should survive will remain in full effect after termination or expiration of the Terms.

13.6 This Website could include inaccuracies or typographical errors. 4PSA and the Third Party Providers may make improvements and/or changes in the products, services, programs, and prices described in this Website at any time without notice. Changes are periodically made to the Website. 4PSA may amend these Terms at any time by posting the amended terms on this site.

13.7 Any express waiver or failure to exercise promptly any right under the Terms will not create a continuing waiver or any expectation of non-enforcement. If any provision of the Terms is held invalid by any law or regulation of any government, or by any court or arbitrator, the parties agree that such provision will be replaced with a new provision that accomplishes the original business purpose, and the other provisions of the Terms will remain in full force and effect. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the Terms must be filed within 1 (one) year after such claim or cause of action arose or be forever barred.

13.8 The Section headings of these Terms shall not affect the meaning or interpretation of the Terms, have no legal or contractual effect, and are included only to facilitate its reading.

13.9 These Terms represent the entire understanding relating to the use of the Website and prevail over any prior or contemporaneous, conflicting, or additional, communications.

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