a. Terms Modification. TeselaGen may revise this Agreement from time to time and the most current version will always be posted on the TeselaGen for Commercial Use website. If a revision, in TeselaGen’s sole discretion, is material, TeselaGen will notify you (for example to the email address associated with the applicable account). Other revisions may be posted to TeselaGen’s blog or terms page, and you are responsible for checking such postings regularly. By continuing to access or use the Services after revisions become effective, you agree to be bound by the revised Agreement. If Customer does not agree to the revised Agreement terms, Customer may cancel the Services. If the revision is material and Customer cancels before the effective date of the revision, TeselaGen will refund a pro-rated amount of any fees Customer paid in advance for the Services for the unused portion of the term. If End User does not agree to the revised Agreement terms, End User must stop using the TeselaGen for Commercial Use account. Customer may grant approvals, permissions, extensions and consents by email. b. Entire Agreement. The Agreement, including Customer’s invoice, the TeselaGen Terms of Service constitute the entire agreement between you and TeselaGen with respect to its subject matter of this Agreement, and supersedes and replaces any prior or contemporaneous understandings and agreements, whether written or oral, with respect to the subject matter of this Agreement. If there is a conflict between the documents that make up this Agreement, the documents will control in the following order: the invoice, the Agreement, the TeselaGen Terms of Service, c. Governing Law. THE AGREEMENT AND SERVICES WILL BE GOVERNED BY CALIFORNIA LAW EXCEPT FOR ITS CONFLICTS OF LAWS PRINCIPLES. ALL CLAIMS ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE SERVICES MUST BE LITIGATED EXCLUSIVELY IN THE FEDERAL OR STATE COURTS OF SAN FRANCISCO COUNTY, CALIFORNIA, AND THE PARTIES CONSENT TO VENUE AND PERSONAL JURISDICTION THERE. d. Severability. Unenforceable provisions will be modified to reflect the parties’ intention and only to the extent necessary to make them enforceable, and remaining provisions of the Agreement will remain in full effect. e. Notice. Notices must be sent via first class, airmail, or overnight courier and are deemed given when received. Notices to you may also be sent to the applicable account email address, and are deemed given when sent. Notices to TeselaGen must be sent to TeselaGen, Inc., 1700 4th Street Byers Hall Rm 214, MC 2522, San Francisco, CA 94107. f. Waiver. A waiver of any default is not a waiver of any subsequent default. g. Assignment. Customer may not assign or transfer any part of this Agreement without the written consent of TeselaGen. TeselaGen may not assign this Agreement without providing notice to Customer, except TeselaGen may assign this Agreement to an affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets without providing notice. Any other attempt to transfer or assign is void. h. No Agency. TeselaGen and Customer are not legal partners or agents, but are independent contractors. i. Force Majeure. Neither TeselaGen nor Customer will be liable for inadequate performance to the extent caused by a condition that was beyond the party’s reasonable control (for example, natural disaster, act of war or terrorism, riot, labor condition, governmental action, and Internet disturbance). j. No Third-Party Beneficiaries. There are no third-party beneficiaries to this Agreement. Without limiting this section, a Customer’s End Users are not third party beneficiaries to Customer’s rights under this Agreement. k. Export Restrictions. The export and re-export of data via the Services may be controlled by the United States Export Administration Regulations. The Services may not be used in Cuba; Iran; North Korea; Sudan; or Syria or any country that is subject to an embargo by the United States and Customer must ensure that Administrators and End Users do not use the Services in violation of any export restriction or embargo by the United States. In addition, Customer must ensure that the Services are not provided to persons on the Table of Denial Orders, the Entity List, or the List of Specially Designated Nationals.