KOMODO HAWAII LLC, a Hawaii limited liability company, its subsidiaries and affiliates (collectively, “Komodo” or “we”), has issued this End User License Agreement (this “Agreement”). This Agreement is a legal document that explains the terms of use for the NIUHI platform (“NIUHI” or the “Platform”). NIUHI allows users to enjoy reading of, and facilitate language learning through, electronic copies of comic books and other literature. In addition, users may assist other users and work together to translate materials. This Agreement governs your rights and responsibilities as a NIUHI user. Please read it carefully.

1. Use of Platform; Consent

By using NIUHI, you hereby consent to this Agreement and agree to be bound to its terms and conditions. If you do not or cannot agree to the terms and conditions of this Agreement, please do not use NIUHI. YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS BEFORE USING THIS PRODUCT. BY CLICKING THE ACCEPTANCE BUTTON, INSTALLING AND/OR ACCESSING THE SOFTWARE, YOU ARE CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, CLICK THE BUTTON THAT INDICATES YOU DO NOT ACCEPT THE TERMS, AND DO NOT INSTALL OR ACCESS THE SOFTWARE.

2. Term

The effective term of this Agreement (the “Term”) shall begin on the date you consent to this Agreement or first access NIUHI, whichever shall occur first, and shall continue in effect until otherwise terminated in accordance with Section 15 of this Agreement.

3. Contracting Party

Unless otherwise indicated, for any interaction on NIUHI, your contractual relationship is with Komodo. All transactions for goods or services purchased using the Platform are being made with Komodo.

4. Software; License

1. Generally. By consenting to this Agreement, Komodo hereby grants you, subject to the terms and conditions of this Agreement, a personal, non-exclusive, non-assignable, non-transferable, non-commercial, limited license to use NIUHI and related documentation, as it may be updated by Komodo from time to time, solely for the intended purposes as set forth in this Agreement. NIUHI is only being licensed to you, not sold. Your use of NIUHI (or your consent to this Agreement) does not grant you any ownership rights to NIUHI, its software, or any other property owned by Komodo. You may not lease, rent, distribute, sell, or sublicense NIUHI or any rights therein. You also may not install NIUHI on a network server, use NIUHI in a time-sharing arrangement, or any other unauthorized manner. Further, no license is granted to you in the human readable code of NIUHI (source code). This Agreement does not grant you any rights to patents, copyrights, trade secrets, trademarks, or any other rights in NIUHI. All rights not expressly granted to you under this Agreement are reserved by Komodo.
2. Device Requirements. You are solely responsible for making sure that your device is capable of running NIUHI and all ancillary software utilized by the Platform.
3. Prohibited Uses. Except as expressly permitted in this Agreement, you shall not:
1. Copy, reverse engineer, modify, translate, decompile, disassemble, or create derivative works of any NIUHI software;
2. Modify the NIUHI software;
3. Attempt to circumvent any technical limitation, security, or anti-piracy system utilized by NIUHI;
4. Assist anyone in performing any acts prohibited by this Agreement; or
5. Otherwise violate any other term or condition of this Agreement through unauthorized use of the NIUHI software.
4. Violation of Terms and Conditions. Violation of any term or condition of this Agreement may result in the immediate revocation of any license granted to you by Komodo.
5. Updates. In order to keep NIUHI up to date, Komodo may automatically update the Platform as it may deem necessary and without notice. Komodo may, but shall not be required, to provide to you any upgrades or newer versions of NIUHI.
6. Third Party Licenses. Your license to use NIUHI is separate and distinct from a license to access any specific works or other content that may be offered through the Platform, and your license to use NIUHI does not necessarily grant you permission to access or use any specific works or other content.

5. Account

To use NIUHI, you must create a NIUHI account (“Account”). Except as otherwise detailed within this Agreement, your Account is for your own personal use only. You may not sell or otherwise transfer your account, nor may you charge others for the right to use your Account. You are responsible for the confidentiality of your Account’s user information and password and for the security of your device. Komodo is not responsible for the use of your password and Account. Further, Komodo is not responsible for actions performed with your Account by you or any person to whom you may have intentionally or by negligence disclosed your user information and/or password. Unless resulting from Komodo’s gross negligence or intentional misconduct, Komodo is not responsible for the unlawful use of your Account by a person who may fraudulently use your user information and password without your permission.

6. Use of NIUHI

1. Content. As a NIUHI user and licensee, Komodo provides you with access to certain services and products provided through the Platform (collectively, the “Content”).
2. Content Limitations. Subject to the terms of this Agreement and applicable law, Komodo reserves the right to limit or otherwise restrict your access to the Content at any time.
3. Third Party Content. Content on NIUHI may be provided by third parties, including, but not limited to, other NIUHI users. Komodo is not responsible for third-party Content and makes no representations or warranties regarding such third-party Content.
4. Age-Restricted Content. Komodo reserves the right to limit user access to certain Content and other features in accordance with a user’s age. To the maximum extent allowed under applicable law, Komodo shall not be responsible for the unauthorized access by minors to age-restricted Content or other features on NIUHI.

7. Authorized Use

1. Generally. NIUHI allow its users to read comic books and other literature, create and share translations of digitally printed material, learn languages, and engage with other NIUHI users.
2. Restricted Use. By using NIUHI, you hereby agree to use NIUHI only for those purposes expressly described in Section 7(a) above. Any use of NIUHI for an unlawful purpose or for any purpose outside of those expressly described in Section 7(a) is an unauthorized use of the Platform and may subject you to penalties, including, but not limited to, the termination or suspension of your Account, for failure to abide by the terms and conditions of this Agreement.

8. Privacy

To understand the privacy protections provided by Komodo, please review our Privacy Policy, which applies to all of our products and services, including NIUHI. A copy of our Privacy Policy is available on our website. The privacy protections under our Privacy Policy are in addition to, and complement, those described in this Agreement. In addition, the privacy protections provided by Komodo may differ according to your specific jurisdiction. Komodo reserves the right to update its Privacy Policy from time to time, and by accessing NIUHI or other services provided by Komodo (including Komodo’s website), you hereby consent to the latest amended version of Komodo’s Privacy Policy.

9. Titles

1. Generally. As a NIUHI user, you may purchase subscriptions to access particular Content, such as digital copies of comic books or other media (known as a “Title”). By purchasing a subscription to a Title, NIUHI will provide you with a license to access that Title for as long as your NIUHI account is active. A subscription to a Title does not grant any ownership rights to that Title, and Komodo’s obligation to provide you access to that Title shall end concurrently upon the termination of your NIUHI account for any reason. All title, ownership rights and intellectual property rights in and to all Titles and other Content, and any and all copies thereof, are owned by Komodo and/or its affiliated parties and licensors. All rights are reserved, except as expressly stated herein. All Titles and other Content are subject to the full protections provided under applicable intellectual property laws and by international treaties, and Komodo, its affiliates, and their respective licensors reserve the right to take legal action to protect their rights in the event of a violation of this Agreement.
2. Internet Access. Access to Titles may require an Internet connection. Komodo is not responsible for providing an Internet connection, and, unless otherwise indicated, any subscription to access a Title or other Content does not extend to offline access. Komodo is not responsible for paying any data charges that you may incur through accessing NIUHI. You are solely responsible for procuring any Internet access or hardware necessary to access NIUHI.
3. Payment. Access to a Title is contingent upon payment to Komodo for a subscription to said Title. Komodo reserves the right to restrict or remove access to Titles in the event that Komodo or its affiliates are unable to process your payment.
4. Complimentary Titles. From time to time, Komodo may provide you with free or complimentary access to a Title. Komodo reserves the right to terminate access to a free or complimentary Title at any time and for any reason without providing you with prior notice.
5. Subscription Limitations. Subscriptions to Titles purchased on NIUHI are solely licenses to access Titles on NIUHI. Purchasing a Title on NIUHI will not allow you to transfer any Titles to other platforms or software. Similarly, purchasing a Title on another platform or from a third-party seller will not allow you to access that same Title on NIUHI. All Titles purchased on NIUHI are non-transferrable.
6. Loss of Titles. Unless caused by Komodo’s willful misconduct or gross negligence, Komodo shall not be held responsible or liable in the event that you lose access to Titles as a result of your actions or those of a third-party. Pursuant to this Section 9(f), Komodo shall not be obligated to provide you with compensation or replacements for any Titles that you may lose access to.
7. Account Termination. If Komodo terminates your Account due to your violation of the terms and conditions of this Agreement, Komodo shall not be responsible or liable to you for the value of any subscriptions to Titles or other Content that you may lose as a result of your Account’s termination. Further, the termination of your NIUHI account for any reason (including your voluntary cancellation of your Account) will result in the loss of all Titles associated with that Account with no right to transfer any Titles to any other Account, including other Accounts you may own.

10. Use of Titles

1. Creative Rights. Titles on NIUHI are the property of their respective creators. NIUHI strongly believes that writers and artists deserve to be compensated for their work, and that online piracy is a danger to the health and well-being of the publishing industry.
2. License Restrictions; Non-Commercial Use Only. All Titles on NIUHI are licensed to you, not sold. All licenses to view Titles on NIUHI are for personal, non-commercial use only. You may not use any Title for any commercial benefit or gain. Unless specifically indicated otherwise, you may not sell, rent, lease, distribute, broadcast, sublicense or otherwise assign any rights to any Titles or any portion of a Title to any third party, and you may not remove any proprietary notices or labels from a Title. In addition, you may not, and you will not encourage, assist or authorize any other person to, bypass, modify, defeat or circumvent security features that protect Titles or the intellectual property rights enjoyed by their creators.
3. Prohibited Uses. You may not print, duplicate, reproduce, modify, transmit, transcode, broadcast, publicly display, publicly perform, or otherwise communicate any portion of any Title for any commercial or non-commercial use. Your violation of this Section 10(c) may cause a Title’s copyright holder to seek legal action against you, for which you, and not Komodo, shall be solely responsible. In the event that your violation of this Section 10(c) results in a claim or legal action against Komodo, you hereby agree to indemnify, defend, and hold harmless Komodo, its directors, managers, officers, employees, agents or other affiliates from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees and court fees, resulting from your violation. This indemnity will survive the termination of this Agreement.

11. User Contributions

1. Generally. NIUHI offers features that allow users to collaborate, encourage, and assist each other with learning new languages. On NIUHI, users can provide translations, comments, and other messages which may be publicly visible to other NIUHI users (collectively, “User Contributions”). The definition of “User Contributions” explicitly excludes any direct messages between NIUHI users that are not publicly visible by the NIUHI community at large.
2. License to Komodo. When you upload User Contributions to NIUHI, you grant Komodo the worldwide, non-exclusive right to use, reproduce, modify, create derivative works from, distribute, transmit, transcode, translate, broadcast, publicly display, publicly perform, or otherwise communicate your User Contributions (including, but not limited to translations of Titles that you prepare and any derivative works arising from your User Contributions). Komodo may use your User Contributions for any purpose related to the operation of NIUHI, or as Komodo may otherwise see fit. Subject to applicable copyright laws, Komodo’s license over your User Contributions is intended to extend for the entire duration of their intellectual property rights. Any derivative works created by Komodo using User Contributions shall be the sole intellectual property of Komodo. If you desire to withdraw your license for Komodo to access your User Contributions, you may ask for a termination of the license by writing to Komodo at the applicable address noted in Section 20 of this Agreement. Any withdrawal of your license will result in Komodo removing your User Contributions from NIUHI. Komodo may also provide tools within NIUHI for you to hide from public visibility or delete User Contributions at your discretion.
3. Visibility. Uploading User Contributions does not mean that your User Contributions will be visible to other users. Komodo reserves the right to control the display of User Contributions and may restrict or remove User Contributions for any reason and at its sole judgment.
4. No Expectation of Compensation. By uploading User Contributions to NIUHI, you acknowledge that you are doing so for your own personal enjoyment and for the benefit of other NIUHI users and fans of the Titles without any expectation of monetary return.

12. User Behavior

1. Generally. NIUHI aims to provide its users with an inclusive, welcoming community. Actions that harass, intimidate, harm or otherwise prevent other users from fully enjoying NIUHI are strictly prohibited.
2. No Harassment. You may not upload User Contributions that defame, libel, ridicule, mock, stalk, threaten, harass, intimidate, or abuse anyone, or otherwise act in a belligerent, offensive or inappropriate manner. All User Contributions must comply with the laws of your applicable jurisdiction.
3. No Personal Information. User Contributions are for the sole purpose of translating Titles or otherwise assisting other NIUHI users. User Contributions may not contain any personal information (including, but not limited to, names, email addresses, phone numbers, addresses, etc.), advertisements, links to other websites, software, or other materials unrelated to translation or language learning.
4. Reporting Offensive Content. Komodo strongly suggests that Users use NIUHI’s internal reporting system to flag any unlawful or improper User Contributions that are in violation of this Agreement. Actively reporting harmful User Contributions is important for ensuring that NIUHI is safe and enjoyable for all. You shall not file frivolous or false reports using NIUHI’s internal reporting system, and such acts may result in the suspension or termination of your Account. NIUHI is not responsible for any User Contributions that may be wrongfully removed as a result of frivolous or false report made using NIUHI’s internal reporting system.
5. Disclaimer of Liability. Komodo is not responsible for the content of any User Contributions on NIUHI, nor is Komodo responsible for any harm that may occur as a result of the submission of User Contributions. To the full extent permitted by law, Komodo shall not be held liable for its failure to take down unlawful or otherwise harmful User Contributions on a timely basis.
6. Direct Messages. The use of NIUHI’s direct messaging feature to commit any unlawful act, or to induce others to commit an unlawful act, is strictly prohibited. Users are encouraged to report any unlawful, harassing, or otherwise inappropriate direct messages they may receive from other Users. Users under the age of 13 may not access NIUHI’s direct messaging feature.
7. Cooperation with Legal Authorities. Komodo reserves the right to report any unlawful acts by Users to applicable authorities, including but not limited to, law enforcement agencies.

13. Regional Limitations

1. Generally. From time to time, Komodo may choose to limit the availability of certain Titles or other Content based on your geographic location or legal jurisdiction (your “Region”). You are responsible for compliance with all applicable laws, regulations, rules and legal requirements in your Region.
2. Regional Applicability. The application of this Agreement (including, but not limited to, its privacy provisions) may vary based on your Region.
3. Prohibited Regions. Users may not use NIUHI in Regions that are subject to a U.S. government embargo (collectively, “Prohibited Regions”). Komodo reserves the right to suspend or terminate any Account found to be operating in Prohibited Regions.
4. Exports. You hereby agree to comply with all applicable import/export laws and regulations with regard to your use of NIUHI. In no event may you export any Content or technology associated with NIUHI to a Prohibited Region. In addition, you agree not to import or export NIUHI or any copies thereof or any Content in violation of any applicable laws or regulations of the United States, of your Region, or of the country to which you have imported or exported such Content.
5. Indemnity. You agree to indemnify Komodo from liability if you violate any laws or regulations as described in this Section.

14. Billing and Payment

1. Payment Methods. To purchase a subscription to a Title, you are required to provide Komodo with one or more payment methods. By providing us with a payment method, you hereby authorize Komodo to charge applicable fees (including taxes and other third party charges, if applicable) for any subscription to a Title you purchase on NIUHI. You hereby represent and warrant that you are authorized to use the payment method provided (as it may be updated). You acknowledge that we may process an authorization hold using your payment information in order to verify the information provided. Failure to pay any fees owed may result in the suspension of termination of your Account. Komodo reserves the right to pursue any amount owed to Komodo under this Agreement, including, but not limited to, reasonable attorneys’ fees, court costs, bank overdraft fees, collection agency fees, and reasonable interest on unpaid amounts.
2. Authorization. You hereby authorize Komodo to collect any taxes (such as applicable Value Added Taxes, excise taxes, and/or sales taxes) associated with any purchase you make on NIUHI. Your final purchase price at checkout will include any amounts arising from the aforementioned taxes.
3. Payment Due. All payments on NIUHI are due at checkout. If we are unable to process your payment using your provided payment method, your access to your purchased Title may be delayed.
4. Refund Policy. We do not currently accept requests for order refunds, returns, cancellations, or product exchanges at this time.

15. Termination; Suspension

1. Generally. Unless otherwise required under this Agreement or applicable law, all rights and obligations under this Agreement shall end upon the termination of your Account. Upon termination, you agree to immediately stop all use of NIUHI.
2. Termination by User. You may terminate this Agreement at any time by cancelling your Account at any time.
3. Termination by Komodo. Komodo reserves the right to suspend, restrict, or terminate your Account at any time in the event of your violation of any term or condition of this Agreement. In addition, Komodo may terminate your Account if said termination is associated with the termination of the NIUHI service as a whole and the termination of other similarly situated NIUHI users in general.
4. Responsibility for Amounts Owed. Following the termination of your Account for any reason, you will not be entitled to any refund for any amounts spent on NIUHI, but shall continue to be responsible for any charges incurred to Komodo prior to the termination of your Account. This Section 15(d) shall survive the termination of this Agreement.

16. Appeals

Generally. If you believe that your Account was wrongfully suspended, restricted, or terminated, you may appeal our decision by writing to us at the address provided under Section 20 within thirty (30) days’ of the action taken against your Account. All decisions by Komodo regarding your Account following our consideration of your appeal are final.

17. Disclaimer of Warranties and Limitation of Liability

ALL TITLES AND OTHER CONTENT PROVIDED BY KOMODO ARE OFFED ON AN “AS IS” AND “AS AVAILABLE” BASIS. UNLESS OTHERWISE PROVIDED FOR IN THIS AGREEMENT, KOMODO MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE TITLES AND OTHER CONTENT, AND YOUR USE OF NIUHI IS AT YOUR OWN RISK. TO THE FULL EXTENT PERMITTED BY LAW, KOMODO HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. KOMODO EXPRESSLY MAKES NO WARRANTIES THAT NIUHI WILL OPERATE AS INTENDED, WILL OPERATE UNINTERRUPTED, WILL BE FREE FROM DEFECTS OR VIRUSES, OR THAT YOUR DATA WILL BE SECURE FROM LOSS, DAMAGE, OR THEFT. UNLESS CAUSED BY KOMODO’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, IN NO EVENT SHALL KOMODO, ITS AFFILIATES, THEIR RESPECTIVE DIRECTORS, MANAGERS, OFFICERS, ATTORNEYS, EMPLOYEES, AGENTS, OR OTHER AFFILIATES BE LIABLE FOR ANY REASON FOR ANY DAMAGES ARISING FROM YOUR USE OF NIUHI UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY, OR OTHER LEGAL OR EQUITABLE THEORY FOR EXEMPLARY PUNITIVE, INDIRECT, SPECIAL, LOST PROFITS, CONSEQUENTIAL OR OTHER SIMILAR DAMAGES, EACH OF WHICH IS HEREBY EXCLUDED UNDER THIS AGREEMENT. IN NO EVENT SHALL ANY LEGAL LIABILITY EXCEED ANY PURCHASE PRICE PAID BY YOU FOR ACCESS TO NIUHI. BY AGREEING TO THIS AGREEMENT, YOU HEREBY REPRESENT AND WARRANT THAT YOU HAVE READ THIS SECTION 17 AND FULLY UNDERSTAND THE LIMITATIONS PLACED UPON YOUR POTENTIAL LEGAL REMEDIES.

18. Governing Law and Disputes

1. Informal Resolution. Most issues can be resolved by contacting NIUHI customer support at [email protected]. You and Komodo hereby agree to make good faith efforts to informally resolve any disputes between the parties prior to the filing of any arbitration, lawsuit or other similar proceeding. The parties shall attempt to informally resolve their dispute(s) for at least sixty (60) days following both parties’ receipt of notice regarding the dispute(s).
2. Arbitration. If the parties are unable to informally resolve their dispute as required under Section 18(a), you and Komodo hereby agree that any and all issues, disagreements, disputes, questions, or matters arising under this Agreement and/or your use of NIUHI, shall be settled by arbitration in accordance with the rules of Dispute Prevention & Resolution, Inc. by a single arbitrator appointed in accordance with those rules. Such arbitration shall be conducted in Honolulu, Hawaii. Arbitration is a non-governmental proceeding before a neutral arbitrator, instead of before a judge or jury. Arbitration rules differ from those of formal court proceedings, and are subjected to limited review by courts. YOU UNDERSTAND THAT YOU AND KOMODO ARE GIVING UP THE RIGHT TO SUE IN COURT AND TO HAVE A TRIAL BEFORE A JUDGE OR JURY, AND THAT ANY DECISION MADE UNDER ARBITRATION SHALL BE LEGALLY BINDING. IF THE ARBITRATION PROVISIONS UNDER THIS SECTION 18(b) ARE DEEMED INVALID OR UNENFORCEABLE, THE REMAINING PROVSIONS OF THIS SECTION 18 SHALL REMAIN VALID.
3. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Hawaii, excluding its choice of law provisions and precedents. Subject to the arbitration provisions detailed in Section 18(b), exclusive venue of any action to resolve any dispute arising from, related to, or connected with this Agreement shall be in the court(s) of competent jurisdiction located within the City and County of Honolulu, State of Hawaii. Each party hereby irrevocably consents to the exclusive personal jurisdiction of such court(s). EACH OF THE PARTIES HEREBY WAIVES TRIAL BY A JURY IN ANY ACTION, PROCEEDING, OR COUNTERCLAIM BROUGHT BY EITHER OF THEM ON ANY MATTER ARISING OUT OF THIS AGREEMENT, AND HEREBY CONSENT TO THE EXCLUSIVE JURISDICTION OF THE AFOREMENTIONED COURTS.
4. Attorneys’ Fees. In the event of arbitration or litigation, each party shall bear the cost of its own attorneys, experts, witnesses, and other arbitration or litigation-related expenses.
5. Class Action Waiver. With regard to disputes related to this Agreement or your use of NIUHI, you hereby agree to waive any right to participate in any class action lawsuits, class-wide arbitrations, private attorney-general actions, and any other proceeding where someone acts in a representative capacity for a group of alleged claimants.
6. Time-Barring of Claims. UNLESS OTHERWISE PROHIBITED BY APPLICABLE LAW, YOU HEREBY AGREE THAT, REGARDLESS OF ANY APPLICABLE STATUTES OF LIMITATION OR OTHER TIME-BARRING STATUTES OR REGULATIONS UNDER APPLICABLE LAW, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF, RELATED TO, OR CONNECTED WITH, THE USE OF NIUHI MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE. FAILURE TO FILE SUCH CLAIM OR CAUSE OF ACTION IN ACCORDANCE WITH THIS SECTION 18(f) SHALL CAUSE SAID CLAIM OR CAUSE OF ACTION TO BE FOREVER BARRED. THE TIME-BARRING PROVISIONS UNDER THIS SECTION 18(f) SHALL EXPLICITLY APPLY TO ARBITRATION PROCEEDINGS.

19. Indemnity

You hereby agree to indemnify, defend with counsel of Komodo’s choosing, and hold harmless Komodo, its directors, managers, officers, employees, agents and/or other affiliates from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees and court fees, resulting from any violation of this Agreement or any activity related to your Account (including negligent or wrongful conduct) by you or any other person who you may permit to use your Account. To the maximum extent permitted by law, the indemnity provisions detailed in this Section 19 will survive the termination of this Agreement.

20. Notice and Communications

If you have any questions or concerns related to your Account, your use of NIUHI, or the terms and conditions of this Agreement, you may contact us by writing to Attn: NIUHI Customer Support, 220 South King Street, Suite 1530, Honolulu, Hawaii, USA 96813, or by sending an email to [email protected].

21. Amendment

Subject to applicable law, we reserve the right to amend this Agreement at any time and for any reason. We will do our best to inform you of any changes to this Agreement and will provide the most recent version of this Agreement on our website at least thirty (30) days prior to the amended Agreement’s planned date of implementation. By accessing NIUHI or agreeing to this Agreement following its amendment, you shall be deemed to have understood and consented to any and all amended terms of this Agreement.

22. Miscellaneous Provisions

1. Entire Agreement. This Agreement contains the entire agreement between you and Komodo with respect to the subject matter herein, and may not be amended, altered or waived except as specifically specified within this Agreement.
2. Assignment. You may not assign any of your rights under this Agreement to any third party.
3. Severability. If any term, covenant or condition of this Agreement (or application of a term, covenant, or condition) is found to be invalid or unenforceable, the remainder of this Agreement will remain in full effect, and each remaining term, covenant or condition of this Agreement shall be valid and enforced to the fullest extent permitted under applicable law.
4. Headings. The section and other headings in this Agreement are inserted solely as a matter of convenience and for reference and in no way define, limit or describe the scope or intent of any provision of this Agreement or in any way affect any such provision.
5. Waiver. No delay or omission by Komodo to exercise any right or power it had under this Agreement shall impair or be construed as a waiver of such right or power. No single or partial exercise of any right, power, or privilege shall preclude any other or further exercise thereof or the exercise of any other right, power, or privilege under this Agreement.
6. Survival. Any section of this Agreement shall survive to the extent required for the performance of such provision in accordance with the terms hereof.
7. Electronic Notice. You consent to receive notices, including agreements, disclosures, and other communications from Komodo at the email address registered with your account as it may be updated by you. You hereby agree that electronic notice by email shall satisfy any legal requirements for notice under applicable law.