Joget Marketplace Terms of Service

Joget, Inc. (“Joget”, “we”, “us”, or “our”) provides this marketplace and associated services available through its websites (including, without limitation, the website located at https://marketplace.joget.org/jw/web/userview/mp/mpp/_/aa) (collectively, the “Joget Marketplace”) for business users (“you” or “your”) to publish and download Joget Workflow apps, plugins, tutorials, documentation, and other content (“Content”). Your access to and use of the Joget Marketplace and Content is subject to these Terms of Service (these “Terms”).

PLEASE CAREFULLY REVIEW THE ARBITRATION PROVISION SET FORTH IN SECTION 16 BELOW (“ARBITRATION AND DISPUTE RESOLUTION AGREEMENT”), AS IT WILL REQUIRE YOU TO RESOLVE DISPUTES WITH US ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION. BY VIRTUE OF YOUR USE OF THE JOGET MARKETPLACE AND CONTENT, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THE ARBITRATION AND DISPUTE RESOLUTION AGREEMENT, AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE JOGET MARKETPLACE AND CONTENT. BY CLICKING “AGREE”, REGISTERING AN ACCOUNT WITH US, OR OTHERWISE ACCESSING OR USING THE JOGET MARKETPLACE OR ANY CONTENT, YOU ARE AGREEING TO COMPLY WITH THESE TERMS. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, DO NOT ACCESS OR USE THE JOGET MARKETPLACE OR ANY CONTENT.

You may access and use the Joget Marketplace and Content only as permitted by these Terms and only for your personal use (or, if accessing the Joget Marketplace and Content on behalf of your company, only for your company’s internal use). Any other access to or use of the Joget Marketplace or Content constitutes a violation of these Terms and may violate applicable copyright, trademark, or other laws. We make no representation that the Joget Marketplace or any Content is appropriate or available for use in your location. A reference to any Content on the Joget Marketplace does not imply that such Content is or will be available in your location. All Content is void where prohibited by law.

2.1 We expressly reserve the right to make any changes that we deem appropriate from time to time to the Joget Marketplace and/or any Content. Without limiting the foregoing, we may modify, suspend, or discontinue the Joget Marketplace and/or any Content (or any part thereof) without notice at any time. To the maximum extent permitted under applicable law, we shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Joget Marketplace or any Content.

2.1 We expressly reserve the right to make any changes that we deem appropriate from time to time to the Joget Marketplace and/or any Content. Without limiting the foregoing, we may modify, suspend, or discontinue the Joget Marketplace and/or any Content (or any part thereof) without notice at any time. To the maximum extent permitted under applicable law, we shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Joget Marketplace or any Content.

2.2 In addition, we may change these Terms at any time, and all such changes are effective immediately upon notice, which we may give by any means, including, but not limited to, by sending a message to the email address that we have on file for you or by posting a revised version of these Terms or other notice on the Joget Marketplace. You should view these Terms often to stay informed of changes that may affect you. Your use of the Joget Marketplace and Content constitutes your continuing agreement to be bound by these Terms, as they are amended from time to time.

3.1 Information that you provide to us or that we collect about you through your access to and use of the Joget Marketplace and Content is subject to our Privacy Policy, the terms of which are hereby incorporated by reference into these Terms.

3.2 In addition, if you access, purchase, license, and/or download Content offered by a Third-Party Contributor (defined below), that Third-Party Contributor may additionally collect information from or about you and/or your use of their Content. Each Third-Party Contributor will handle your information in accordance with its own privacy practices and procedures, and we encourage you to seek out and become familiar with each Third-Party Contributor’s privacy statements and policies regarding the same. For clarity, Joget’s Privacy Policy does not govern any Third-Party Contributor’s collection or handling of your information, and we will not be responsible or liable to you for their collection or handling of your information.

4.1 The Joget Marketplace enables you to view, access, purchase, acquire, license, and/or download Content made available through the Joget Marketplace. Content may be offered by Joget or a third-party contributor (“Third-Party Contributor”), and may be provided free of charge or for a fee. You expressly acknowledge and agree that each Third-Party Contributor is solely responsible for its Content and for supporting the same, as well as for any claims that you may have relating to such Content.

4.2 All Content made available through the Joget Marketplace is licensed, not sold, to you. Your license to Content is subject to your prior acceptance of these Terms and, for certain Content, may also be subject to additional or supplemental terms provided or otherwise made available with that Content to you (“Additional Terms”). In the event of any conflict between these Terms and any Additional Terms, the Additional Terms shall govern only with respect to use of the Content with which such Additional Terms were provided. Your license to any Joget-provided Content is granted by Joget, and your license to any Third-Party Contributor-provided Content is granted by the Third-Party Contributor of that Content. Each of Joget and the applicable Third-Party Contributor shall be referred to herein as “Licensor”. Subject to your compliance with these Terms and any Additional Terms, Licensor grants to you a non-exclusive, non-transferable license to use the Content solely for your personal use (or, if accessing the Content on behalf of your company, only for your company’s internal use). Licensor reserves all rights in and to the Content not expressly granted herein.

5.1 All materials displayed or made available on or through the Joget Marketplace, including, but not limited to, Content, text, graphics, information, data, articles, images, descriptions, and the like, are protected by copyright and/or other intellectual property laws. You agree to abide by all copyright notices, trademark rules, information, and restrictions contained in any materials you access through the Joget Marketplace, and you will not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell, or otherwise exploit for any purpose any materials not owned by you (i) unless otherwise expressly authorized by the owner of those materials, or (ii) in a way that violates someone else’s (including, but not limited to, our or any Third-Party Contributor’s) rights.

5.2 You understand and agree that we and/or our licensors and Third-Party Contributors own all right, title, and interest in and to the Joget Marketplace and all Content. You acknowledge and agree that the Content may constitute valuable proprietary information that is protected by applicable intellectual property and other proprietary rights, laws, and treaties of the United States and other countries, and that you acquire no ownership interest by accessing or using the Joget Marketplace or Content. Such intellectual property and proprietary rights may include, but are not limited to, copyrights, patents, trademarks and service marks, trade dress, and trade secrets, and all such rights are the property of Joget and/or its licensors and Third-Party Contributors.

In accessing and using the Joget Marketplace and any Content, you agree that you will comply with all applicable foreign, federal, state, and local laws, including, without limitation, copyright and other intellectual property laws, privacy laws, cyber harassment, anti-spam laws, export control laws, tax laws, and regulatory requirements.

In addition, except as otherwise expressly permitted in any applicable Additional Terms, you agree that you will NOT:

• Circumvent, disable, or otherwise interfere with any security-related features of the Joget Marketplace or Content, including, without limitation, any features that enforce limitations on the use of the Joget Marketplace or any Content;
• Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of the Joget Marketplace or any Content;
• Copy, modify, adapt, translate, or create derivative works based on the Joget Marketplace or any Content (except for Content that is designated as “Customizable” or otherwise comes with pre-loaded features that enable customization);
• Reproduce, redistribute, duplicate, sell, resell, lease, sublicense, or time-share any portion of the Joget Marketplace or Content, unless expressly authorized by us in writing;
• Remove, alter, cover, or distort any copyright notice or trademark legend, author attribution, or other notice placed on or contained within the Joget Marketplace or any Content;
• Access, use, or copy any portion of the Joget Marketplace or Content through the use of bots, spiders, scrapers, web crawlers, indexing agents, or other automated devices or mechanisms;
• Use the Joget Marketplace or Content to store or transmit viruses, worms, time bombs, Trojan horses, or other malicious code, or any “spam” or any other content or material in violation of applicable law;
• Collect or harvest any personal information from the Joget Marketplace or Content, including, but not limited to, usernames, passwords, or email addresses;
• Register an account on the Joget Marketplace using false information or use, or attempt to use, another’s account; or
• Attempt to interfere with the proper working of the Joget Marketplace or Content or otherwise impairing, overburdening, or disabling the same.

7.1 By submitting, posting, uploading, or otherwise providing any comments, questions, suggestions, postings, reviews, feedback, or other information and content to us and/or the Joget Marketplace (“Comments”), you grant to us a non-exclusive, transferable, worldwide, perpetual, irrevocable, royalty-free, sublicensable right and license to use, copy, modify, translate, display, perform, distribute, and otherwise act with respect to your Comments as we deem necessary to provide the Joget Marketplace and Content and to otherwise support our business, including, without limitation, to market and improve the Joget Marketplace and Content and to develop and/or improve other products and services.

7.2 You are solely responsible for all of your Comments and for ensuring compliance with these Terms and any applicable laws. By submitting or uploading your Comments to the Joget Marketplace, you accept sole liability and responsibility for any of your Comments that do not comply with these Terms and/or any applicable laws. Your Comments violate these Terms and are prohibited from the Joget Marketplace if they:

• are harassing, threatening, abusive, libelous, defamatory, or invasive of privacy or publicity rights;
• contain hateful or racist terms or images or symbols, or glamorize the actions of individuals or groups advocating violence, ethnic cleansing, genocide, or similar activities;
• include or reveal the personal information of another person;
• contain a formula, instruction, or advice that could cause harm or injury;
• are vulgar, obscene, profane, pornographic, or otherwise objectionable or in bad taste, as determined by us in our sole discretion; or
• constitute or encourage conduct that would constitute fraud, a criminal offense, or violation of another person’s intellectual property rights, give rise to civil liability, or otherwise violate any applicable law or regulation.

7.3 We have the right, but do not assume the obligation or responsibility, to monitor Comments, and to determine whether they comply with these Terms and applicable laws. We have the right in our sole discretion and for any reason whatsoever to edit, refuse to post, refuse to store, remove, or disable access to any Comments, including without limitation any content or comments that constitute, or are likely to constitute, an infringement, misappropriation, or other violation of the intellectual property or other proprietary rights of any third party.

8.1 In order to use most aspects of the Joget Marketplace, you must register and maintain an active services account (“Account”). To set up an Account with us, you will be asked to provide certain information about yourself, such as your first and last name, email address, company name, company address, contact phone number, and billing information. You must also create a username and password for your Account and acknowledge and agree to these Terms and the terms of our Privacy Policy. You must provide complete and accurate information when setting up an Account and keep all Account information current.

8.2 You are responsible for maintaining the confidentiality of your username and password. You agree to: (i) use a strong password and keep your password confidential and not share it with anyone else; (ii) not transfer any part of your Account to anyone else; and (iii) immediately notify us of any unauthorized use of your username, password, or Account.

8.3 You agree at all times to keep current and promptly update your Account information, including, but not limited to, your email address, contact phone number, and billing information, so that we can complete your transactions and contact you as necessary. Your failure to maintain accurate, complete, and up-to-date Account information may result in your inability to access and use the Joget Marketplace and Content and/or suspension or termination of your Account.

8.4 You acknowledge and agree that we are authorized to act on instructions received through use of your username, password, or Account, and that we may, but are not obligated to, deny access or block any transaction made through use of your username, password, or Account without prior notice if we believe your username, password, or Account are being used by someone other than you, or for any other reason. You are solely responsible for all activity that occurs under your Account unless you close it or report misuse.

9.1 You may download and use Content from the Joget Marketplace free of charge or for a fee, either of which is referred to as a “Transaction”. Each Transaction is an electronic contract between you and Joget, and/or you and the Third-Party Contributor providing the Content. For Content provided for a fee, you agree to pay the full amount of the fee displayed within your Account and/or on the Joget Marketplace for such Content. By purchasing any such Content, you expressly authorize Joget, or a third-party payment processor on our behalf, to charge the method of payment that you have provided to us through your Account and to collect the full amount of the fee for such Content, including any related charges and taxes. We may calculate taxes payable by you (if any) based on the billing information that you have provided to us at the time of purchase. All purchases are non-refundable and non-cancellable unless expressly indicated otherwise. Content prices and fees are subject to change at any time.

9.2 You acknowledge and agree that we may use a third-party payment processor to charge you for Content purchased through your Account. You expressly authorize Joget, or a third-party payment processor on our behalf, to charge and/or initiate debit transactions from the method of payment or financial account that you have provided at checkout and to collect the full amount specified for the Content you purchase, including any related fees, charges, and applicable taxes. We may calculate taxes payable by you (if any) based on the billing information that you have provided to us at the time of purchase. By submitting your payment card and/or financial account information, you grant us the right to process and store your information with any third-party payment processor, which we may change from time to time. You agree that we will not be responsible for any failures of the third-party payment processor to adequately protect such information. The processing of payments will be subject to the terms, conditions, and privacy policies of the payment processor in addition to these Terms. You acknowledge that we may change the third-party payment processor at any time, with or without notice to you, and move your information to other service providers that encrypt your information using secure socket layer technology (SSL) or other comparable security.

10.1 We may, in our sole discretion, without liability, and without notice to you, immediately suspend, limit, and/or terminate your access or license to use the Joget Marketplace, Content, and/or your Account for any reason, including, without limitation: (i) if we believe in our sole discretion that you have violated these Terms, any Additional Terms, or any applicable laws or regulations; (ii) if we determine in our sole discretion that you are in breach of any other agreement that we have with you, or that you are otherwise not a customer in good standing with us; (iii) at the request of law enforcement, government agencies, or courts; (iv) if you ask us to close your Account; (v) if we discontinue or materially modify the Joget Marketplace or Content (or any part thereof); (vi) if we believe in our sole discretion that your access to or use of the Joget Marketplace, Content or your Account may create risk (including, but not limited to, legal risk) for us, our affiliates, contractual partners, or users; and/or (vii) following extended periods of inactivity on your Account (for example, twelve (12) months or longer). Upon any termination, your Account will be closed and you will lose the right to access and use the Joget Marketplace and Content.

10.2 Any suspension or termination shall not affect your obligations to us under these Terms. The provisions of these Terms which by their nature should survive the suspension or termination of your access to or use of the Joget Marketplace, Content, and/or your Account, shall survive including, but not limited to, the “Intellectual Property”, “Fees and Payment”, “Indemnification and Release”, “Disclaimers”, “Limitation of Liability”, “Arbitration and Dispute Resolution Agreement”, and “Miscellaneous” sections of these Terms.

The Joget Marketplace enables access to Content provided by Third-Party Contributors that we do not support or control. You acknowledge that each Third-Party Contributor (and not Joget) is solely responsible for providing and supporting its own Content, and that different or additional terms of use and/or privacy policies may apply to your use of such Content. We have no control over and do not endorse any Content provided by a Third-Party Contributor, and in no event shall we be responsible or liable for any conduct of, or interactions you may have with, any Third-Party Contributor (whether or not related to the Content), or for your use of any Content provided by any Third-Party Contributor.

Joget takes such commercially reasonable measures as it deems appropriate to secure and protect information transmitted to and from the Joget Marketplace. Nevertheless, we cannot and do not guarantee that any such transmissions are or will be totally secure. You are responsible for maintaining the confidentiality of any information about you, including, without limitation, any username and password used in connection with your use of the Joget Marketplace and Content. You agree to notify us immediately if you discover loss or access to such information by another party not under your control or supervision. We will not be liable for any loss or damage arising from the unauthorized use of your username, password, or Account.

13.1 You agree to indemnify and hold harmless Joget and its officers, directors, owners, employees, contractors, and agents (collectively, the “Joget Parties”) from and against any and all claims, demands, losses, liabilities, damages, costs, and expenses (including attorneys' fees and costs) arising out of or relating to: (i) your use of the Joget Marketplace or any Content; (ii) your breach or violation of any of these Terms or any Additional Terms; (iii) your violation of the rights of any Third-Party Contributor or any other third party (including, without limitation, violation of any privacy or intellectual property or other proprietary rights); (iv) your violation of any applicable law or regulation; (v) your Comments; or (vi) any relationship, transaction, interaction, or dispute that you have with any Third-Party Contributor.

13.2 You are solely responsible for your interactions with any Third-Party Contributor. To the maximum extent permitted under applicable law, you hereby release the Joget Parties from any and all claims or liability related to any Content made available by any Third-Party Contributor and/or any action or inaction by a Third-Party Contributor, including, without limitation, any Third-Party Contributor’s failure to provide, update, or support its Content, any Third-Party Contributor’s failure to comply with applicable law, and/or any other harm caused to you by any other action or inaction of a Third-Party Contributor.

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE JOGET MARKETPLACE AND ALL CONTENT IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITH ALL FAULTS. WITHOUT LIMITING THE FOREGOING AND TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE JOGET PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY: (I) WARRANTIES THAT THE JOGET MARKETPLACE AND/OR ANY CONTENT WILL MEET YOUR REQUIREMENTS OR SATISFACTION; (II) WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, SECURITY, USEFULNESS, TIMELINESS, OR INFORMATIONAL CONTENT OF THE JOGET MARKETPLACE; (III) WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE; (IV) WARRANTIES CONCERNING THE CAPACITY, COMPLETENESS, ACCURACY, OR RELIABILITY OF THE INFORMATION OR RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE JOGET MARKETPLACE AND/OR ANY CONTENT; (V) WARRANTIES THAT YOUR USE OF THE JOGET MARKETPLACE AND/OR ANY CONTENT WILL BE SECURE OR UNINTERRUPTED, OR THAT THE JOGET MARKETPLACE AND/OR CONTENT WILL FUNCTION ON ANY PARTICULAR HARDWARE OR DEVICES; AND (VI) WARRANTIES THAT THE JOGET MARKETPLACE AND/OR ANY CONTENT WILL BE ERROR-FREE OR THAT ERRORS IN THE JOGET MARKETPLACE AND/OR ANY CONTENT WILL BE CORRECTED. ALL CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE JOGET MARKETPLACE IS DOWNLOADED AND USED AT YOUR SOLE DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH CONTENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE JOGET MARKETPLACE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

15.1 We may use third parties to provide certain products and services accessible through the Joget Marketplace and Content. WE WILL NOT BE LIABLE TO YOU FOR THEIR ACTS OR OMISSIONS. IN ADDITION, IN NO EVENT WILL THE JOGET PARTIES BE LIABLE TO YOU FOR ANY DIRECT OR INDIRECT DAMAGES ARISING OUT OF OR RELATING TO ANY CONTENT MADE AVAILABLE BY A THIRD-PARTY CONTRIBUTOR, THE CONDUCT OF ANY THIRD-PARTY CONTRIBUTOR, OR YOUR RELATIONSHIP, TRANSACTIONS, INTERACTIONS, OR DISPUTES THAT YOU MAY HAVE WITH ANY THIRD-PARTY CONTRIBUTOR.

15.2 TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, UNDER NO CIRCUMSTANCES, INCLUDING, WITHOUT LIMITATION, THE NEGLIGENCE OF ANY PARTY, WILL THE JOGET PARTIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF USE, DATA LOSS, OR OTHER INTANGIBLE LOSSES (EVEN IF THE JOGET PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM, ARISING OUT OF, RELATING TO, OR IN ANY WAY CONNECTED WITH YOUR USE OF, OR YOUR INABILITY TO USE, THE JOGET MARKETPLACE OR ANY CONTENT UNDER ANY THEORY OF LIABILITY. YOUR SOLE REMEDY, AND OUR AGGREGATE LIABILITY IN CONNECTION WITH THESE TERMS OR YOUR USE OF THE JOGET MARKETPLACE AND ANY CONTENT SHALL IN ALL EVENTS BE LIMITED TO THE TOTAL AMOUNT PAID BY YOU TO JOGET FOR THE CONTENT IN THE PRECEDING THREE (3) MONTHS. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE PROVISIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY THE LAW.

PLEASE READ THIS FOLLOWING CLAUSES CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING, BUT NOT LIMITED TO, YOUR RIGHT TO FILE A LAWSUIT IN COURT.

16.1 You agree that any dispute, claim, or controversy between you and Joget arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Joget Marketplace or purchase of any Content (collectively, “Disputes”) will be resolved exclusively by binding arbitration between you and Joget, except that each party retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights, or where a party’s conduct may cause the other irreparable injury. The provisions of this Section 16 constitute the parties’ written agreement to arbitrate Disputes under the Federal Arbitration Act.

16.2 The arbitration shall be administered by the Judicial Arbitration & Mediation Services ("JAMS") and shall be heard by a single arbitrator, pursuant to the Arbitration Rules and Procedures then in effect (the “JAMS Rules”), except as modified by this Section 16.

16.3 To begin an arbitration proceeding, a party must submit the Dispute by making a demand for arbitration, as detailed at https://www.jamsadr.com/, and simultaneously send a copy of the completed demand to the other party. Payment of all filing, administration and arbitrator fees will be governed by the JAMS rules. Joget will reimburse those fees for Disputes totaling less than $10,000 if you are the prevailing party in such arbitration. Joget will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines that a Dispute initiated by you is frivolous. The arbitration will be conducted based upon written submissions, unless you request and/or the arbitrator determines that a telephone or in-person hearing is necessary. If the arbitrator grants the request or determines that an in-person hearing is necessary, the hearing will proceed in the State of Maryland, unless the arbitrator determines or Joget agrees that the matter should proceed in the county or state where you reside.

16.4 The arbitrator will apply and be bound by these Terms, apply applicable law and the facts, and issue a reasoned award within the time frame specified in the JAMS Rules. The arbitrator's decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator's award damages must be consistent with the terms of the "Limitation of Liability" section above as to the types and the amounts of damages for which a party may be held liable. You and Joget also agree that the arbitrator may not award multiple or punitive damages. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant's individual claim.

16.5 EACH PARTY AGREES THAT IT SHALL BRING ANY DISPUTE AGAINST THE OTHER PARTY IN ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE PROCEEDING, OR AS AN ASSOCIATION. IN ADDITION, EACH PARTY AGREES THAT DISPUTES SHALL BE ARBITRATED ONLY ON AN INDIVIDUAL BASIS, AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. THE ARBITRATOR DOES NOT HAVE THE POWER TO VARY THESE PROVISIONS.

17.1 These Terms and the Privacy Policy (as each may be revised and amended from time to time according to their respective terms) collectively constitute the entire agreement with respect to your access to and use of the Joget Marketplace and Content.

17.2 Our electronically or otherwise properly stored copy of these Terms will be deemed to be the true, complete, valid, authentic, and enforceable copy, and you agree that you will not contest the admissibility or enforceability of our copy of these Terms in connection with any action or proceeding arising out of or relating to these Terms.

17.3 These Terms shall be construed in accordance with the laws of the State of Maryland without regard to its conflict of laws rules that would result in the application of the laws of a jurisdiction other than the State of Maryland. If for any reason a Dispute proceeds in court, you and Joget: (i) agree that any Dispute may only be instituted in a state or federal court located in the State of Maryland; (ii) irrevocably consent and submit to the exclusive personal jurisdiction and venue of such courts for resolution of such Disputes; and (iii) AGREE TO WAIVE ANY RIGHT TO A TRIAL BY JURY.

17.4 The Third-Party Contributors who license their Content to you through the Joget Marketplace are intended third party beneficiaries under these Terms solely with respect to the specific provisions of these Terms that directly concern their Content, and solely for the purpose of enabling such Third-Party Contributors to enforce their rights in such Content. Except as expressly set forth herein, these Terms do not confer any rights, remedies, or benefits upon any person other than Joget and you.

17.5 We may assign our rights and duties under these Terms at any time to any third party without notice. You may not assign these Terms without our prior written consent.

17.6 Our waiver of any breach of these Terms will not be a waiver of any preceding or subsequent breach thereof.

17.7 Failure by Joget to perform any obligation hereunder shall be excused if and for so long as such breach or failure to perform is caused by acts of God, decisions or actions of any governmental or regulatory authorities (including changes to applicable law), riots, strikes, acts of war, civil unrest, epidemics, pandemics, fire, flood, weather, power or communication line failures, Internet failures, earthquakes or other disasters, or other similar causes.

17.8 If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will not be affected, and the invalid or unenforceable provision will be replaced by such valid and enforceable provision as comes closest to the intention underlying the invalid or enforceable provision.

17.9 Possible evidence of use of the Joget Marketplace or Content for illegal purposes will be provided to law enforcement authorities.

17.10 Discontinuation of use of the Joget Marketplace and Content is your sole right and remedy for any dissatisfaction with the Joget Marketplace or any of the Content.

Please contact us with any questions regarding the Joget Marketplace, Content, or these Terms at marketplace@joget.com or:

Last Updated: March 10, 2021