Pulsar SLA

PULSAR INFORMATICS SERVICE LICENSE AGREEMENT

Please read this agreement (“Agreement”) carefully. By using the Licensed Software as defined below, you and any entity or employer you are authorized to represent (hereinafter “Customer”) signify that Customer accepts all the terms and conditions of this Agreement. Customer agrees that this Agreement is like any written negotiated agreement signed by Customer. This Agreement is enforceable against Customer. If Customer does not agree to the terms of this Agreement, Customer may not use the Licensed Software. Except for those sections of this Agreement which may reasonably be understood to relate to the rights and obligations of Customer as the primary licensee, “Customer” also includes Authorized Users.

DEFINITIONS
1. “Authorized User” means each employee, agent, contractor, and other person that Customer permits to use the Licensed Software for Customer’s benefit.
2. “License” shall have the meaning set forth in section 2.1 hereof.
3. “Licensed Software” ” means (i) software marketed by Pulsar as described in an Order, (ii) Updates, and (iii) all documentation, instructions, manuals, diagrams and other materials, in whatever medium or format, pertaining to the foregoing.
4. “Primary Data” shall have the meaning set forth in section 8.1 hereof.
5. “Scheduled Maintenance” means the planned performance of software maintenance activities by Pulsar to maintain and update the Licensed Software.
6. “Secondary Data” shall mean data that: (i) is derived from Primary Data, (ii) is substantially dissimilar to Primary Data, and (iii) does not include personally identifiable information.
7. “Start Date” shall have the meaning set forth in section 4.1 hereof.
8. “Subscription Fee” shall have the meaning set forth in section 4.2 hereof.
9. “Term” shall have the meaning set forth in section 5.1 hereof.
10. “Updates” means bug fixes and patches and other updates, enhancements, modifications, upgrades, versions, or releases of the Licensed Software, but shall not include new products or modules unless otherwise determined by Pulsar in its sole discretion.
11. “Support Issue” means a technical support issue reported by Customer to Pulsar concerning the use or operation of the Licensed Software that, in the sole discretion of Pulsar, lies within the scope of the intended functionality of the Licensed Software as currently released
LICENSE GRANTED
1. Subject to the conditions herein, Pulsar hereby grants to Customer, solely as a licensee, a non-transferable, non-exclusive, limited right and license to display and use the Licensed Software during the Term (“License”). Pulsar reserves all other rights in the Licensed Software, which is protected by copyright, trade secret, and other intellectual property laws.
2. Customer may use the Licensed Software only for Customer’s own internal use. Customer agrees that Customer will not provide access to or give any part of the Licensed Software to a third party.
3. Customer is responsible for the compliance of all Authorized Users with the terms of this Agreement.
PERMITTED USE
1. Customer agrees to use the Licensed Software only for Customer’s internal business purposes and not in a manner that violates any applicable law, regulation, or the terms of this Agreement.
2. Customer shall not reproduce, modify, copy, deconstruct, reverse engineer, sell, trade or resell, or make derivative works of the Licensed Software.
3. Customer agrees not to use the Licensed Software to upload, post, distribute, link to, publish, reproduce, engage in or transmit any of the following, including but not limited to:
  1. illegal, fraudulent, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, harassing, offensive, inappropriate or objectionable information or communications of any kind, including without limitation conduct that would encourage criminal or civil liability under any local, state, federal or foreign law;
  2. content that would impersonate someone else or falsely represent Customer’s identity or qualifications, or that constitutes a breach of any individual's privacy;
  3. except as permitted by Pulsar in writing, investment opportunities, solicitations, chain letters, or other unsolicited commercial communication;
  4. virus, Trojan horse, worm or other disruptive or harmful software or data; and
  5. any information, software or data that is not legally Customer’s and accessed without permission from the copyright owner or intellectual property rights owner.
SUBSCRIPTIONS, FEES AND PAYMENTS
1. The Licensed Software is licensed on a subscription basis. The subscription period shall commence on the Start Date (“Start Date”) set forth in a Pulsar Informatics Order Confirmation Form or Schedule to this Agreement (“Order”) that is signed by Customer, and shall continue for the duration of the subscription period set forth therein (“Subscription Period”) unless terminated earlier in accordance with the provisions of this Agreement.
2. In consideration of the License and other rights granted by Pulsar hereunder, Customer agrees to pay to Pulsar a subscription fee (“Subscription Fee”), together with any setup and integration fees that may be applicable, as set forth in the Order.
3. Customer and Pulsar may mutually agree in writing to extend the Subscription Period at any time prior to the end of the Subscription Period. At the end of the Subscription Period, Customer’s subscription to the Licensed Software shall automatically renew on an annual basis, unless the License is canceled or terminated in accordance with the terms of this Agreement.
4. Unless otherwise specified in the Order, Subscription Fees will be billed to Customer on net 30 terms at the beginning of each annual period during the Term. All fees paid are nonrefundable.
5. If Customer terminates this Agreement pursuant to section 5.3, Customer shall, upon the effective date of termination, remit to Pulsar any unpaid Subscription Fees pertaining to the remainder of the Subscription Period, calculated as set forth in the applicable Order.
6. Customer shall be responsible for the payment of all taxes required by any local, federal, state or foreign government authority, including but not limited to import/export taxes and sales and use taxes, and excluding all taxes relating to Pulsar’s income, that may be applicable in connection with this Agreement.
7. Any fees that may be charged by third parties to integrate the Licensed Software with Customer’s existing information technology infrastructure or to gain access to any data as may be required for the operation of the Licensed Software are separate from and not included in any Subscription Fee assessed in connection with the License.
TERM AND TERMINATION
1. The term of this Agreement (“Term”) shall commence on the Effective Date and continue in effect for the duration of the Subscription Period and shall automatically renew for successive one-year periods until terminated as provided for herein.
2. This Agreement may be terminated by either party immediately upon written notice if the other party becomes insolvent or, without a successor, dissolves, liquidates or otherwise fails to operate in the ordinary course of business.
3. In the event that Customer or Pulsar fail to perform any material provision of this Agreement, and if such default is not cured within thirty (30) days after Customer or Pulsar gives the other party written notice thereof, the party not in default may terminate this Agreement upon thirty (30) days written notification to the defaulting party.
4. Upon termination of this Agreement, the License shall automatically terminate, and Customer will no longer be able to access the Licensed Software. Notwithstanding the foregoing, upon expiration or termination of this Agreement, Customer shall have a reasonable opportunity, but in no event more than 30 days, to download any Primary Data in Pulsar’s possession or control.
5. Customer shall not be entitled to a refund of any portion of the Subscription Fee upon termination of this Agreement.
6. Section 4 and sections 8 through 21 shall survive the termination of this Agreement.
SERVICE LEVEL DISCLAIMER
1. PULSAR WARRANTS THAT THE LICENSED SOFTWARE WILL CONFORM TO PULSAR’S PUBLISHED SPECIFICATIONS, THAT THE LICENSED SOFTWARE AND ANY MAINTENANCE AND SUPPORT WILL NOT INFRINGE OR OTHERWISE VIOLATE THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES AND THAT PULSAR HAS THE RIGHT TO GRANT THE LICENSE UNDER THIS AGREEMENT. OTHER THAN THE EXPRESS WARRANTIES CONTAINED HEREIN, THE LICENSED SOFTWARE IS PROVIDED ON AN “AS-IS” BASIS AND PULSAR MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, REGARDING THE LICENSED SOFTWARE, INCLUDING ANY ASSERTIONS OF SYSTEM AVAILABILITY, ANNUAL UPTIME PERCENTAGE, SYSTEM RESPONSE TIME, MAXIMUM OR AVERAGE LATENCIES, OR ANY PERFORMANCE METRIC OF THE LICENSED SOFTWARE. PULSAR MAKES NO WARRANTY THAT THE LICENSED SOFTWARE WILL BE AVAILABLE ON AN UNINTERRUPTED BASIS, ERROR-FREE, OR THAT ANY DATA WILL BE SECURE OR NOT OTHERWISE LOST, STOLEN OR HARMED. EXCEPT TO THE EXTENT PROHIBITED BY LAW, PULSAR DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, WITH REGARD TO THE LICENSED SOFTWARE AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES.
2. Pulsar will take commercially reasonable measures to address problems that may arise from time to time that Customer may experience in accessing the Licensed Software. Pulsar does not, however, promise any specific resolutions or response times with respect to such problems, but rather will address them in a timeframe at the sole discretion of Pulsar and consistent with Pulsar’s commitment to providing high quality customer service to the best of its ability.
3. From time to time Pulsar may issue Updates to the Licensed Software. Customer agrees that the terms of this Agreement shall apply to any Updates. Pulsar shall not be obligated to issue Updates, and the issuance of any Update shall not obligate Pulsar to issue Customer any new products, new versions, or subsequent upgrades to the Software.
4. Customer hereby acknowledges that Customer’s remedies with regard to any failures on behalf of Pulsar and/or any third-party service providers concerning system availability, annual uptime percentage, system response time, maximum or average latencies, problem response and resolution, or any other feature of the Licensed Software shall be limited to the greatest extent permissible by applicable law.
5. Pulsar normally conducts Scheduled Maintenance in the following time period: Saturday 3pm – 6pm Eastern Standard Time. Pulsar may deem it necessary to perform additional Scheduled Maintenance at other times. Pulsar will provide Customer with three (3) days’ advance notice of any such additional Scheduled Maintenance. Customer acknowledges that while the Licensed Software may continue to be available to Customer during Scheduled Maintenance, it may operate more slowly than normal and/or some features may not be available.
SERVICE AVAILABILITY
1. Pulsar shall ensure the Licensed Software is in good working order and accessible through a web browser over a standard broadband Internet connection with an Uptime Percentage of at least 99.40%. In the event any of Customer's Authorized Users cannot access the Licensed Software using a web browser over a broadband internet connection, Pulsar shall undertake to resolve the issue in accordance with the terms of this Agreement.
2. An Outage will be deemed to commence when Customer initiates a technical support request by contacting Pulsar by either phone or email. The Outage will be deemed to end when Pulsar has restored availability of the Licensed Software and has notified Customer of the same.
3. Updates
  From time to time Pulsar may issue Updates to the Licensed Software. Customer agrees that the terms of this Agreement shall apply to any Updates. Pulsar shall not be obligated to issue Updates, and the issuance of any Update shall not obligate Pulsar to issue Customer any new features, products, product versions, or subsequent upgrades to the Licensed Software.
4. Scheduled Maintenance
  Pulsar normally conducts Scheduled Maintenance in the following time period:
  Saturday 3:00 p.m. – 6:00 pm Eastern Standard Time
  
  Pulsar may deem it necessary to perform additional Scheduled Maintenance at other times. Pulsar will provide Customer with three (3) days’ advance notice of any such additional Scheduled Maintenance.
  
  Customer acknowledges that while the Licensed Software may continue to be available to Customer during Scheduled Maintenance, it may operate more slowly than normal and/or some features may not be available.
TECHNICAL SUPPORT
1. Subject to the payment of Subscription Fees due, Pulsar will provide Customer with technical support with regard to the online availability, use and operation of the Licensed Software. Such technical support shall be available throughout the Term in accordance with the terms and conditions herein.
2. Support Process
  For the purposes of this Agreement, the following steps shall constitute the technical support process:
  1. Case Generation: An Authorized User initiates a technical support request by contacting Pulsar either by phone or email.
  2. Initial Response: Pulsar sends Customer an email validating the technical support request and classifying it as either a Critical Support Issue or a Normal Support Issue.
  3. Status Updates: In the event a Support Issue requires some time to diagnose and resolve, Pulsar shall periodically send Customer emails describing the status of the efforts being made to achieve a resolution of the matter.
  4. Resolution: Pulsar shall send Customer a confirmation email after the Support Issue has been resolved.
3. Classification of Support Issues
  Pulsar reserves the right to validate and diagnose technical issues reported to Pulsar as either Critical or Normal. Pulsar shall apply its best efforts to resolve each Support Issue within the response times set forth in section 8.4 below. Customer acknowledges that the duration of this resolution period may vary depending on the severity and complexity of the underlying technical issue. When working on a resolution to a Support Issue, Pulsar agrees to provide periodic status updates to Customer. Customer may at any time escalate a Support Issue by sending a written statement of business impact to Pulsar.
  
  In the event that Pulsar determines that a technical support request falls outside the scope of a Support Issue, Pulsar shall: (i) identify to Customer the specific factors that contributed to Pulsar’s classification of the technical support request as such, and (ii) provide Customer with an estimate of time and costs to perform the work to resolve the issue. Should Customer deem the issue sufficiently important to require resolution, Customer and Pulsar shall negotiate in good faith the terms upon which Pulsar may proceed.
4. Contact Information
  The following contact information shall be used for the purpose of reporting technical support issues to Pulsar:
  24-hour support hotline: (877) 791-0989
  Email address: support@pulsarinformatics.com
5. DISCLAIMER
  CUSTOMER ACKNOWLEDGES THAT THE LICENSED SOFTWARE IS NOT DESIGNED TO DETERMINE WHETHER AN INDIVIDUAL IS FIT FOR WORK OR DUTY. FITNESS FOR WORK OR DUTY DEPENDS UPON A LARGE NUMBER OF FACTORS, OF WHICH THE SOFTWARE MAY TEST ONLY A LIMITED FEW. CUSTOMER AGREES NOT TO USE THE SOFTWARE IN A MANNER FOR WHICH IT IS NOT INTENDED. PULSAR DISCLAIMS ALL LIABILITIES WITH RESPECT TO CUSTOMER’S USE OF THE LICENSED SOFTWARE IN VIOLATION OF THIS PROVISION. CUSTOMER ALONE SHALL BEAR ALL RISKS RELATED TO THE USE OF THE LICENSED SOFTWARE IN A MANNER FOR WHICH IT WAS NOT DESIGNED.
  
  CERTAIN COMPONENTS OF THE LICENSED SOFTWARE ARE DESIGNED TO PROVIDE INFORMATION REGARDING HUMAN NEUROBEHAVIORAL TRAITS, INCLUDING ALERTNESS LEVELS. CUSTOMER ACKNOWLEDGES THAT SUCH INFORMATION IS COLLECTED FOR OPERATIONAL PURPOSES ONLY, AND THAT PULSAR IS NOT ENGAGED IN RENDERING MEDICAL OR HEALTH-DIAGNOSTIC SERVICES THROUGH USE OF THE SOFTWARE AND THAT THE SOFTWARE IS NOT A MEDICAL DEVICE. CUSTOMER ALSO ACKNOWLEDGES AND AGREES THAT ANY DATA, CALCULATIONS, INFORMATION, OR OTHER RESULTS PROVIDED BY THE SOFTWARE CANNOT BE GUARANTEED FOR ACCURACY, RELIABILITY, USEFULNESS, OR VALUE IN ANY SPECIFIC CRITICAL SETTING, INCLUDING A HEALTH DIAGNOSTIC SETTING. CUSTOMER HEREBY AGREES THAT PULSAR IS NOT RESPONSIBLE FOR ANY DIAGNOSES OR RECOMMENDATIONS MADE, DIRECTLY OR INDIRECTLY, BY ANY HEALTH CARE PROVIDERS USING THE SOFTWARE OR PRIMARY DATA COLLECTED BY THE SOFTWARE. TO THE EXTENT CUSTOMER INTENDS TO MAKE IMPORTANT MEDICAL, HEALTH, FINANCIAL, LEGAL, WORK-RELATED, BUSINESS-RELATED, LOGISTICAL, OR OTHER RELEVANT IMPORTANT DECISIONS BASED UPON THE DATA, CALCULATIONS, RESULTS, OR OTHER INFORMATION PROVIDED BY THE SOFTWARE, CUSTOMER AGREES TO DO SO AT CUSTOMER’S OWN RISK AND THAT PULSAR DOES NOT SHARE IN THE LIABILITY FOR ANY ERRORS, OMISSIONS, MISTAKES, OR OTHER FAULTS WHATSOEVER.
DATA PRIVACY & SECURITY
1. Customer understands that the use of the Licensed Software may require Customer to register individual user accounts with Pulsar. Customer is responsible for maintaining the confidentiality of any account, username, or password information used in conjunction with the Licensed Software and for restricting access to such account as well as the information technology used to access such account. Customer is responsible for all activities that occur under any account associated with Customer.
2. Pulsar has established an online privacy policy, which is available at www.pulsarinformatics.com (“Privacy Policy”). By using the Licensed Software, Customer consents to Pulsar’s collecting, storing, and processing Customer’s Primary Data in accordance with the Privacy Policy.
3. The Licensed Software is designed to be accessed through the Internet and thus makes use of third-party hardware, networking equipment, telecommunications services, and other information technology infrastructure. Pulsar makes commercially reasonable efforts to protect the privacy and security of data and Customer’s use of the Licensed Software. Pulsar has taken precautions in the design of the Licensed Software to assure that ordinary use of the Licensed Software will not result in the breach of any privacy-related regulations. Notwithstanding the foregoing, it may be possible for some individuals to utilize illegal methods to input, track, store, or otherwise access data not in accordance with the Licensed Software’s intended use. CUSTOMER HEREBY ACKNOWLEDGES THAT THE LICENSED SOFTWARE IS NOT INTENDED FOR SUCH USE AND THAT SHOULD CUSTOMER CHOOSE TO USE THE SOFTWARE IN SUCH A MANNER, CUSTOMER ALONE ASSUMES ALL RESPONSIBILITY FOR COMPLIANCE WITH APPLICABLE DATA PRIVACY LAWS. CUSTOMER FURTHER AGREES TO INDEMNIFY PULSAR FOR ANY AND ALL DAMAGES AND OTHER ACCRUED LIABILITIES CAUSED BY CUSTOMER’S USE OF THE LICENSED SOFTWARE IN VIOLATION OF THIS PROVISION.
CONFIDENTIALITY
1. The Licensed Software contains proprietary and confidential information of Pulsar. Customer agrees to maintain the Licensed Software and any information provided in conjunction with the support of the Licensed Software in confidence and to use a reasonable degree of care to protect the confidentiality of the Licensed Software.
2. Primary Data constitute proprietary and confidential information of Customer. Pulsar agrees to maintain Primary Data and any other information provided by Customer in conjunction with the performance of this Agreement in confidence and to use a reasonable degree of care to protect the confidentiality of such information.
3. Customer may provide Pulsar with Personally Identifiable Information to the extent necessary for each party to perform their obligations hereunder. Pulsar shall implement appropriate measures to ensure the confidentiality and security of Personally Identifiable Information transmitted to Pulsar, protect against any unanticipated access or disclosure of information, and prevent any other action that could adversely affect Customer or any individual identified by the data.
INTELLECTUAL PROPERTY RIGHTS
1. Customer acknowledges that the Licensed Software is the exclusive property of Pulsar and that Pulsar retains all rights, title and interest to the Licensed Software, including all copyrights, trade secrets, patents, patents pending, or other proprietary rights relating thereto.
2. All data, materials and other information uploaded, posted or stored through Customer’s use of the Licensed Software, including individual employee names and any other Personally Identifiable Information, whether provided directly by Customer or indirectly by a third party designated by Customer (collectively, “Primary Data”), shall be Customer’s exclusive property.
3. Pulsar shall retain sole intellectual property rights to all Secondary Data as well as any algorithms developed by Pulsar to analyze Primary Data.
4. Customer agrees that Pulsar may use Customer’s feedback, suggestions, or ideas regarding the Licensed Software in any way, including in future modifications of the Licensed Software or other products or services. Customer hereby grants Pulsar a perpetual, worldwide, fully transferable, non-revocable, fully paid-up, royalty-free license to use the feedback Customer provides to Pulsar as set forth herein.
5. Customer acknowledges that Pulsar holds and retains all worldwide rights, title and interest in and to the word “Pulsar Informatics” and its logos, trademarks, and service marks (collectively, the “Marks”). All use of the Marks by Customer shall enure to the benefit of Pulsar. Subject to the provisions of this section 10.5 herein, Pulsar grants Customer a limited, personal, nonexclusive, royalty-free, non-transferable license to use and display the Marks in any report, website, press release or other publication. Customer may not alter any Mark by distortion or animation, or by changing its color, font, or aspect ratio, or by combining it with any other name, mark, or logo.
MARKETING REFERENCES
1. Each party may reference its commercial relationship with the other party in marketing materials upon prior written consent from the other party which shall not be unreasonably withheld. Each party shall provide the other party with the opportunity to review the details of any planned publications.
LIMITATION OF LIABILITY
1. IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER FOR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, INDIRECT, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION, OR LOSS OF DATA ARISING OUT OF OR CONNECTED IN ANY WAY WITH THE USE OF OR INABILITY TO USE THE LICENSED SOFTWARE.
2. PULSAR’S TOTAL LIABILITY TO CUSTOMER FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE, SHALL NOT EXCEED THE TOTAL AMOUNT OF SUBSCRIPTION FEES PAID BY CUSTOMER DURING THE MOST RECENT 3-MONTH PERIOD PRECEDING ANY CLAIM.
3. EACH PARTY ACKNOWLEDGES THAT THE PRICE OF THE SUBSCRIPTION FEE REFLECTS THE ALLOCATION OF RISK AND THE LIMITATION OF LIABILITY SPECIFIED HEREIN.
INDEMNIFICATION
1. Customer agrees to defend, to indemnify and to hold harmless Pulsar, its suppliers and its resellers from and against liabilities, costs, damages and expenses (including settlement costs and reasonable attorneys' fees) arising from any claims from anyone, including Customer or any third party, that result from or relate to Customer’s use, misuse, reproduction or distribution of the Licensed Software or Customer’s breach of any representation, warranty or obligation under this Agreement.
U.S. GOVERNMENT RESTRICTED RIGHTS
1. The Licensed Software is a “Commercial Item” as that term is defined in 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation,” as such terms are defined in 48 C.F.R. §252.227-7014(a)(5) and 48 C.F.R. §252.227-7014(a)(1), and used in 48 C.F.R. §12.212 and 48 C.F.R. 227.7202, as applicable. Consistent with 48 C.F.R. §12.212 and 48 C.F.R. §227.7202-1 through 227.7202-4 and other relevant sections of the Code of Federal Regulations, as applicable, the Licensed Software is licensed to United States Government end users with only those rights as granted to all other end users, according to the terms and conditions contained in this Agreement. Manufacturer is Pulsar Informatics, Inc., 505 Broadway E #136, Seattle, WA 98102, U.S.A.
EXPORT LAWS
1. Customer agrees not to import or export the Licensed Software (or any copies thereof) or any products utilizing the Licensed Software in violation of any applicable laws or regulations of the United States or the country to which Customer has imported or exported. Customer agrees to indemnify Pulsar from all liability if Customer violates any such laws or regulations.
RESERVED
GOVERNING LAW
1. This Agreement is construed in accordance with and shall be governed by the laws of the State of Washington.
SEVERABILITY
1. In the event any provision of this Agreement is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of any of the remaining provisions shall not in any way be affected or impaired.
ENTIRE AGREEMENT
1. This Agreement constitutes the entire agreement between Pulsar and Customer with respect to the subject matter hereof, and supersedes all other prior and contemporary agreements, understandings, and commitments between the parties regarding the subject matter of this Agreement.
NO WAIVER
1. No failure or delay of Pulsar to fully or partially exercise any right, power or remedy will preclude any future exercise of any such right, power or remedy. No express waiver or assent by Pulsar to any default in any term or condition of this Agreement shall constitute a waiver or asset to any succeeding default in the same or any other term or condition hereof.
BINDING EFFECT
1. This Agreement shall be binding upon and shall enure to the benefit of the parties hereto and their successors and permitted assigns. Except as otherwise expressly provided herein, the provisions of this Agreement shall not be construed as conferring any rights on any other persons.
MODIFICATIONS AND UPDATES
1. Pulsar may modify or update the terms and conditions of this Agreement at any time and without notice. Customer’s continued use of the Licensed Software after any changes to the terms and conditions of this Agreement will mean that Customer accepts those changes. Any aspect of the Licensed Software may be changed, supplemented, updated, modified, or deleted in the sole discretion of Pulsar and at any time without notice.
CONTACT INFORMATION
1. Any inquiries regarding the terms and conditions of this Agreement should be directed to:
  Matthew van Wollen
  Chief Financial Officer
  Pulsar Informatics, Inc.
  505 Broadway E #136
  Seattle, WA 98102