                                 Apache License
                           Version 2.0, January 2004
                        http://www.apache.org/licenses/

    TERMS AND CONDITIONS FOR USE, REPRODUCTION, AND DISTRIBUTION

    1. Definitions.

      "License" shall mean the terms and conditions for use, reproduction,
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      any Contribution intentionally submitted for inclusion in the Work
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      agreed to in writing, Licensor provides the Work (and each
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    8. Limitation of Liability. In no event and under no legal theory,
      whether in tort (including negligence), contract, or otherwise,
      unless required by applicable law (such as deliberate and grossly
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      Additional Terms and Conditions

      License Validation - ExpressionEngine Add-Ons and ExpressionEngine Pro (collectively “EE Add-Ons”) require a valid site license and are subject to the terms and conditions of the developer of the relevant EE Add-On. Servers on which ExpressionEngine is installed will periodically provide information to Licensor for the purpose of license validation. This information includes the site domain, ExpressionEngine version, and a list of EE Add-Ons along with their version numbers. By installing and using the Work, you consent to the transmission of this information, as described above. Unlicensed EE Add-Ons may be limited in functionality by Licensor and/or the third-party developer of the relevant EE Add-On.

    END OF TERMS AND CONDITIONS

    APPENDIX: How to apply the Apache License to your work.

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    Copyright [yyyy] [name of copyright owner]

    Licensed under the Apache License, Version 2.0 (the "License");
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    distributed under the License is distributed on an "AS IS" BASIS,
    WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied.
    See the License for the specific language governing permissions and
    limitations under the License.



## Runtime Library Exception to the Apache 2.0 License: ##


    As an exception, if you use this Software to compile your source code and
    portions of this Software are embedded into the binary product as a result,
    you may redistribute such product without providing attribution as would
    otherwise be required by Sections 4(a), 4(b) and 4(d) of the License.



EXPRESSIONENGINE SUBCOMPONENTS:

ExpressionEngine includes a number of subcomponents with
separate copyright notices and license terms. Your use of the source
code for the these subcomponents is subject to the terms and
conditions of the following licenses.

The following subcomponents are licensed under the Apache 2.0 License:
    PHP Option Type



The following subcomponents are licensed under the MIT License:

    The CodeMirror component:
        Copyright (C) 2017 by Marijn Haverbeke <marijnh@gmail.com> and others

    The Popper.js component:
        Copyright © 2016 Federico Zivolo and contributors

    The emoji-data component:
        Copyright (c) 2013 Cal Henderson

    The IpAnonymizer component:
        Copyright (c) 2016 Geert Wirken

    The jQuery and jQuery UI component:
        Copyright 2014 jQuery Foundation and other contributors
        http://jquery.com/

    The jQuery Cycle2 component:
        Copyright © 2012-2014 M. Alsup

    The jQuery markItUp component:
        Copyright (C) 2007-2010 Jay Salvat

    The jQuery MiniColors component:
        Copyright (c) Cory LaViska for A Beautiful Site, LLC: http://www.abeautifulsite.net/

    The jQuery Nestable component:
        Copyright © 2012 David Bushell

    The jQuery TableSorter component:
        Copyright (c) 2007 Christian Bach

    The jQuery Templates component:
        Copyright (c) Software Freedom Conservancy, Inc.

    The jQuery UI Touch Punch component:
        Copyright 2011–2014, Dave Furfero

    The jQuery Validation component:
        Copyright (c) 2014 Jörn Zaefferer

    The Mexitek\PHPColors component:
        Copyright © 2018 Arlo Carreon, http://arlocarreon.com

    The random_compat component:
        Copyright (c) 2015 Paragon Initiative Enterprises

    The React component:
        Copyright (c) Facebook, Inc. and its affiliates.

    The underscore.js component:
        Copyright (c) 2009-2018 Jeremy Ashkenas, DocumentCloud and Investigative Reporters & Editors

    The CKEditor component:
        Copyright (c) 2003-2020 CKSource

    The Composer bin plugin
        Copyright (c) 2016 Bilal Amarni

    Flysystem
        Copyright (c) 2013-2022 Frank de Jonge

    Flysystem Cached CachedAdapter
        Copyright (c) 2013-2022 Frank de Jonge

    League Mime Type Detection
        Copyright (c) 2013-2022 Frank de Jonge

    Caching Interface
        Copyright (c) 2015 PHP Framework Interoperability Group

    Symfony Polyfill / Ctype
        Copyright (c) 2018-2019 Fabien Potencier

    PHP CSS Parser
        Copyright (c) 2011 Raphael Schweikert, https://www.sabberworm.com/

    Constant-Time Encoding:
        Copyright (c) 2016 - 2022 Paragon Initiative Enterprises

    TOTP / HOTP library in PHP:
        Copyright (c) 2014-2016 Florent Morselli

    Safe PHP:
        Copyright (c) 2018 TheCodingMachine

    The Selection and Range components use code heavily inspired by:

        Rangy: Copyright (c) 2014 Tim Down
        IERange: Copyright (c) 2009 Tim Cameron Ryan


    MIT License

    Permission is hereby granted, free of charge, to any person obtaining a copy
    of this software and associated documentation files (the "Software"), to deal
    in the Software without restriction, including without limitation the rights
    to use, copy, modify, merge, publish, distribute, sublicense, and/or sell
    copies of the Software, and to permit persons to whom the Software is
    furnished to do so, subject to the following conditions:

    The above copyright notice and this permission notice shall be included in
    all copies or substantial portions of the Software.

    THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR
    IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY,
    FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE
    AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER
    LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM,
    OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN
    THE SOFTWARE.

The following subcomponents are licensed with the BSD-2-Clause license:

    For Aura.Cli
        Copyright (c) 2011-2017, Aura for PHP
        All rights reserved.

    For the PHP SimplePie's IPv6 component:
        Copyright (c) 2003-2005 The PHP Group

    For QR Code generator
        Copyright (c) 2017, Ben Scholzen 'DASPRiD'
        All rights reserved.

    For Assert
        Copyright (c) 2011-2013, Benjamin Eberlei
        All rights reserved.

    For PHP 7.1 enums
        Copyright (c) 2017, Ben Scholzen 'DASPRiD'
        All rights reserved.

    BSD-2-Clause license:
        Redistribution and use in source and binary forms, with or without modification, are
        permitted provided that the following conditions are met:

        * Redistributions of source code must retain the above copyright notice, this list of
        conditions and the following disclaimer.

        * Redistributions in binary form must reproduce the above copyright notice, this list
        of conditions and the following disclaimer in the documentation and/or other materials
        provided with the distribution.

        THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS
        OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY
        AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT HOLDERS
        AND CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR
        CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR
        SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY
        THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR
        OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE
        POSSIBILITY OF SUCH DAMAGE.

The following subcomponents are licensed with a BSD-3-Clause license:

    For the PHP SimplePie component:

        Copyright (c) 2004-2016, Ryan Parman, Geoffrey Sneddon, Ryan McCue, and contributors
        All rights reserved.
        For a copy of this license, see licenses/LICENSE-simplepie.txt

    For the jQuery dataTables component:

        Copyright (c) 2008-2010, Allan Jardine
        All rights reserved.
        For a copy of this license, see licenses/LICENSE-jquery-datatables.txt

    For the PHP Markdown component:

        PHP Markdown Lib
        Copyright (c) 2004-2018 Michel Fortin
        <https://michelf.ca/>
        All rights reserved.

        Based on Markdown
        Copyright (c) 2003-2006 John Gruber
        <https://daringfireball.net/>
        All rights reserved.

        For a copy of this license, see licenses/LICENSE-markdown.txt

    For the PHP SmartyPants component:

        PHP SmartyPants
        Copyright (c) 2005-2013 Michel Fortin
        <http://michelf.ca/>
        All rights reserved.

        Original SmartyPants
        Copyright (c) 2003-2004 John Gruber
        <http://daringfireball.net/>
        All rights reserved.

        For a copy of this license, see licenses/LICENSE-smartypants.txt

    PHP dotenv
        Copyright (c) 2014, Graham Campbell.
        Copyright (c) 2013, Vance Lucas.

For the Simple Pie's idna_convert.class.php component:

    Copyright (c) 2004-2007 phlyLabs Berlin, http://phlylabs.de
    Licensed under LGPL-2.1
    For a copy of this license, see licenses/LICENSE-idna_convert.txt

For the FontAwesome fonts component:

    Copyright (c) 2015, Dave Gandy
    This Font Software is licensed under the SIL Open Font License, Version 1.1.
    For a copy of this license, see licenses/LICENSE-fontawesome.txt

For CKEditor WYSIWYG in the RTE fieldtype:
  THE SOFTWARE IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL CKSOURCE OR ITS LICENSORS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.

For Redactor X in the RTE Fieldtype:

    LICENSE AGREEMENT

    This license is a legal agreement between you and Imperavi LLC for the use of all present and future versions program applications (the "Software") produced and/or distributed by Imperavi LLC. By downloading any version of the Software, you agree to be legally bound by the terms and conditions of this license agreement. Imperavi LLC reserves the right to alter this agreement at any time, for any reason, without notice.

    Revised on: May 23, 2021

    Software Installations

    The Software License (the "License") purchase allow "live" installations in a production environment and ancillary "development use only" installations as needed to support the live installation (such as development and a staging servers). Every installation regardless of the project type, location or legal form requires valid paid License. If you have specific installation needs not covered by this license, please contact us: support@imperavi.com.

    Permitted Use

    Holder of the License may use the current version of the Software for a sole purpose of integration it within an unlimited number of applications or an unlimited number of website, located on an unlimited number of domains with unlimited subdomains (*.domain.com) engaging in commercial, for-profit, or non-commercial, non-for-profit activities, including "Software as a Service" products (SaaS), downloadable extensions, plugins and applications. The License do not allow integration of the Software with open source products. Technical support to the License holders is provided in form of Documentation on imperavi.com website only; the License holders also allowed to submit bugs and request features via customer’s account page.

    Upgrades, Updates, New Versions

    Upgrades of License are available as a purchase with a surcharge up to the amount of the new license. License downgrades for partial refund are not available. All License tiers are only valid for the current major version of the Software (1.x, 2.x, et cetera) and its minor updates. Each new major version of the Software will require purchasing of a new license; existing license holders will receive a continuity discount upon purchasing each new license for each major version of the Software.

    Restrictions

    Unless you have been granted prior, written explicit consent from Imperavi LLC, you may not:

    - Use the Software in Open Source projects.
    - Reproduce, distribute, or transfer the Software as a sole product, or portions thereof, to any third party.
    - Sell, rent, lease, assign, or sublet the Software as a sole product or portions thereof.
    - Grant rights to any other person.
    - Use the software in violation of any European Union or international laws or regulations.

    Display of Copyright Notices

    All copyright and proprietary notices and logos (if any) of the Software and/or Imperavi LLC within the Software files must remain intact.

    Making copies

    You may make copies of the Software for backup purposes, provided that you reproduce the Software in its original form and with all proprietary notices on the back-up copy. You may include copies of the Software as an integral part of your product (according to the purchased License and Permitted Use stated above).

    Software Modification

    You may alter, modify, or extend the Software for use as an integral part of your product or service according to the License tier, or commission a third-party to perform modifications for you, but you may not resell, redistribute or transfer the modified or derivative version of the Software as a sole product without prior written consent from Imperavi LLC. Components from the Software may not be extracted and used in other programs without prior written consent from Imperavi LLC.

    Technical Support

    Technical support is provided in a form of Documentation on imperavi.com website only; License holders also allowed to submit bugs and suggest features via their customer account page. For the Bug Reports and Feature Suggestions we reserve the right to solely determine best course of action: we can accept, decline or postpone any work in regards to received Bug Reports or Feature Suggestion. We give no guarantee whatsoever that we will fix any particular malfunction, and we reserve the right to determine whether Reported Bug is a malfunction or not. We don’t give any guarantee whatsoever that we will implement any of Suggested Features.

    Refund Policy

    Imperavi provides a demo for the Software on its page on the imperavi.com website. This allows you to try the product before you buy it and make sure it meets your needs.

    If you buy the Software, you will be able to download it. Once you have downloaded the Software, you are no longer eligible for any refund.

    We have this refund policy since it it is impossible to fully return a downloaded version of the Software.

    Downloading the Software file implies the loss of the right of withdrawal: Article 16m of the directive on Consumer Rights 2011/83/EC.

    Indemnity

    You agree to indemnify and hold harmless Imperavi LLC for any expenses, liabilities, damages, settlements or fees from third-party claims, actions or suits arising from your misuse of the Software.

    Disclaimer Of Warranty

    THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. FURTHER, IMPERAVI LLC DOES NOT WARRANT THAT THE SOFTWARE OR ANY RELATED SERVICE WILL ALWAYS BE AVAILABLE.

    Limitations Of Liability

    YOU ASSUME ALL RISK ASSOCIATED WITH THE INSTALLATION AND USE OF THE SOFTWARE. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS OF THE SOFTWARE BE LIABLE FOR CLAIMS, DAMAGES OR OTHER LIABILITY ARISING FROM, OUT OF, OR IN CONNECTION WITH THE SOFTWARE. LICENSE HOLDERS ARE SOLELY RESPONSIBLE FOR DETERMINING THE APPROPRIATENESS OF USE AND ASSUME ALL RISKS ASSOCIATED WITH ITS USE, INCLUDING BUT NOT LIMITED TO THE RISKS OF PROGRAM ERRORS, DAMAGE TO EQUIPMENT, LOSS OF DATA OR SOFTWARE PROGRAMS, OR UNAVAILABILITY OR INTERRUPTION OF OPERATIONS.

For Redactor in the RTE fieldtype:
    Unless you have been granted prior, written explicit consent from Imperavi LLC, you may not:

    Reproduce, distribute, or transfer the Software as a sole product, or portions thereof, to any third party.
    Sell, rent, lease, assign, or sublet the Software as a sole product or portions thereof.
    Grant rights to any other person.
    Use the software in violation of any European Union or international laws or regulations.

    Display of Copyright Notices

    All copyright and proprietary notices and logos (if any) of Redactor and/or Imperavi LLC within the Software files must remain intact.

    Making copies

    You may make copies of the Software for backup purposes, provided that you reproduce the Software in its original form and with all proprietary notices on the back-up copy. You may include copies of the Software as an integral part of your product (according to the purchased License tier and Permitted Use stated above).

    Software Modification

    You may alter, modify, or extend the Software for use as an integral part of your product or service according to the License tier, or commission a third-party to perform modifications for you, but you may not resell, redistribute or transfer the modified or derivative version of the Software as a sole product without prior written consent from Imperavi LLC. Components from the Software may not be extracted and used in other programs without prior written consent from Imperavi LLC.

    Indemnity

    You agree to indemnify and hold harmless Imperavi LLC for any expenses, liabilities, damages, settlements or fees from third-party claims, actions or suits arising from your misuse of the Software.

    Disclaimer Of Warranty

    THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. FURTHER, IMPERAVI LLC DOES NOT WARRANT THAT THE SOFTWARE OR ANY RELATED SERVICE WILL ALWAYS BE AVAILABLE.


For the ExpressionEngine Pro:

    Copyright (c) 2021, Packet Tide

    Last updated: October 5, 2021

    This License Agreement (the “Agreement”) is a legal agreement between you and Packet Tide LLC (“Packet Tide”) for the use of the ExpressionEngine Pro Add-on (the “Software” or “EE Pro”). By purchasing any version of the Software you agree to be bound by the terms and conditions of this license agreement as well as the Terms of Service (the “Terms of Service”) available at expressionengine.com/terms-of-service. To the extent that the terms and conditions of this Agreement conflict with the Terms of Service, this Agreement controls.

    Packet Tide reserves the right to modify or alter this Agreement at any time, for any reason, by posting the revised terms on expressionengine.com/license and/or providing a copy to you via email. Revised Terms shall be effective as of the time they are posted, but will not apply retroactively. Your continued use of the Software after the posting of revised license agreement constitutes your acceptance of the revised terms. If you do not agree with amendments or modifications to the terms of this license agreement, your sole and exclusive remedy is to terminate your use of the Software.

    ## EE Pro Installations

    An ExpressionEngine Pro license purchase allows a single “live” installation in a production environment and ancillary “development use only” installations as needed to support the live installation (such as development and staging servers). Additional “live” installations require additional license purchases. If you have specific installation needs not covered by this license, please Contact Us.

    ## Grant of License

    Packet Tide hereby grants to you a non-exclusive, non-assignable, non-sublicensable license to access and use the Software subject to the terms and conditions of this Agreement. The licenses granted herein are conditioned upon your acceptance of this Agreement and payment in full for the Software. ​​Users of the EE Pro may use the Software on a website engaging in commercial, personal, non-commercial, or non-profit activities.

    YOU MAY NOT USE, COPY, OR MODIFY THE SOFTWARE, IN WHOLE OR IN PART, EXCEPT AS EXPRESSLY PROVIDED FOR IN THIS AGREEMENT.

    ## License Key

    Upon payment for the Software, you will be issued a license key that may be used to access the Software in a “live” installation. You shall not allow an unauthorized person to access or use the license key assigned to you nor shall you use or allow the license key assigned to you to be used on multiple instances of ExpressionEngine. To do so shall be considered a material breach of this Agreement. You shall promptly report to Packet Tide any unauthorized use of the Software of which you become aware and shall take such further steps as may reasonably be requested by Packet Tide to prevent the unauthorized use thereof.

    ## Restrictions

    Unless you have been granted prior, written consent from Packet Tide, you may not:

    -   Reverse engineer, decompile, disassemble, or attempt to derive the source code of the Software
    -   Use the Software as the basis of a hosted blogging service, or to provide hosting services to others.
    -   Reproduce, distribute, or transfer the Software, or portions thereof, to any third party.
    -   Sell, rent, lease, assign, or sublet the Software or portions thereof.
    -   Grant rights to any other person.
    -   Use the Software in violation of any U.S. or international law or regulation.
    -   All copyright and proprietary notices and logos in the Control Panel and within the Software files must remain intact.

    ## Reproduction

    You may reproduce the Software for back-up purposes only, provided that you reproduce the Software in its original form and with all proprietary notices on the back-up copy.

    ## Modification

    You may alter, modify, or extend the Software for your own use, or commission a third-party to perform modifications for you, but you may not resell, redistribute or transfer the modified or derivative version without prior written consent from Packet Tide. Components from the Software may not be extracted and used in other programs without prior written consent from Packet Tide.


    ## Technical Support

    Technical support is provided as described in the Support Policy.

    ## Refund Policy

    Due to the non-returnable nature of downloadable software, Packet Tide does not issue refunds once a transaction has been completed. If you have questions about whether or not EE Pro will work for you, you may install EE Pro at no charge before making your installation live. We encourage you to thoroughly test the system before purchasing to determine its suitability for your purposes and compatibility with your hosting account.

    ## Indemnity

    You agree to indemnify and hold harmless Packet Tide from any third-party claims, actions or suits, as well as any related expenses, liabilities, damages, settlements or fees arising from your use or misuse of the Software, or a violation of any terms of this license.

    ## Disclaimer of Warranty

    THE SOFTWARE IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. FURTHER, PACKET TIDE DOES NOT WARRANT THAT THE SOFTWARE OR ANY RELATED SERVICE WILL ALWAYS BE AVAILABLE.

    ## Limitation of Liability

    YOU ASSUME ALL RISK ASSOCIATED WITH THE INSTALLATION AND USE OF THE SOFTWARE. IN NO EVENT SHALL PACKET TIDE, ITS OFFICERS, MEMBERS, LICENSEES, LICENSORS, CONTRACTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR CLAIMS, DAMAGES OR OTHER LIABILITY ARISING FROM, OUT OF, OR IN CONNECTION WITH THE SOFTWARE. LICENSE HOLDERS ARE SOLELY RESPONSIBLE FOR DETERMINING THE APPROPRIATENESS OF USE AND ASSUME ALL RISKS ASSOCIATED WITH ITS USE, INCLUDING BUT NOT LIMITED TO THE RISKS OF PROGRAM ERRORS, DAMAGE TO EQUIPMENT, LOSS OF DATA OR SOFTWARE PROGRAMS, OR UNAVAILABILITY OR INTERRUPTION OF OPERATIONS.

    PACKET TIDE’S TOTAL LIABILITY TO YOU FOR ALL CLAIMS, IN THE AGGREGATE, WILL NOT EXCEED THE AMOUNT ACTUALLY PAID BY YOU TO PACKET TIDE OVER THE 12 MONTHS PRECEDING THE DATE YOUR FIRST CLAIM(S) AROSE. IF YOU LIVE IN A JURISDICTION THAT DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION DOES NOT APPLY TO YOU. TO THE EXTENT THAT ONE OR ANY ASPECT OF PACKET TIDE’S LIMITATIONS SET OUT ABOVE DOES NOT APPLY, ALL REMAINING ASPECTS SURVIVE. THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN PACKET TIDE AND YOU.

    Class Action Waiver
    THE PARTIES HERETO AGREE THAT BY ENTERING INTO THIS AGREEMENT, EACH PARTY WAIVES ITS RIGHT TO PARTICIPATE IN A CLASS ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE ACTION AGAINST THE OTHER IN A COURT OR IN ARBITRATION. THE PARTIES FURTHER AGREE THAT EACH MAY BRING DISPUTES AGAINST EACH OTHER ONLY IN THEIR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

    If a dispute arises from or relates to this contract or the breach thereof, and if the dispute cannot be settled through direct discussions, the parties agree to endeavor first to settle the dispute by mediation administered by the American Arbitration Association under its Commercial Mediation Procedures before resorting to arbitration. The parties further agree that any unresolved controversy or claim arising out of or relating to this contract, or breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Claims shall be heard by a single arbitrator. The place of arbitration shall be Daytona Beach, Florida. The arbitration shall be governed by the laws of the State of Florida. Each party shall bear its own costs and expenses and an equal share of the arbitrators' and administrative fees of arbitration.

    ## Governing Law
    These Terms shall be governed and construed in accordance with the laws of Florida, United States, without regard to its conflict of law provisions.

    Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Services, and supersede and replace any prior agreements we might have had between us regarding the Services.

    Interpretation; Severability; Waiver; Remedies
    Headings are for convenience only and shall not be used to construe these Terms. If any term of these Terms is found invalid or unenforceable by any court of competent jurisdiction, that term will be severed from these Terms. No failure or delay by Packet Tide  in exercising any right hereunder will waive any further exercise of that right. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Packet Tide. Packet Tide’s rights and remedies hereunder are cumulative and not exclusive.

    Successors; Assignment; No Third Party Beneficiaries
    These Terms are binding upon and will inure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives, and permitted assigns. You may not assign or transfer these Terms without Packet Tide’s prior written consent. Packet Tide may assign its rights, obligations and/or these Terms at any time at its sole discretion without notice to you.

    ## Notices
    You consent to receive all communications including notices, agreements, disclosures, or other information from Packet Tide electronically. Packet Tide may communicate by email or by posting to the Services. For support-related inquiries, you may email support@packettide.com. For all other notices to Packet Tide, write to the following addresses:

        PACKET TIDE, LLC
        260 Williamson Blvd.
        Unit 730392
        Ormond Beach, FL
        32174

    Nothing in these Terms or otherwise limits Packet Tide’s right to object to subpoenas, claims, or other demands.
