SIAA, Inc. (“SIAA”) is pleased to provide you with access to Aureus’ Cloud Services on its DONNA Platform. This Customer Agreement takes effect when you click the “I Agree to the SIAA Terms and Conditions” button located on the SIAA + DONNA landing page. By clicking on such button or by accessing or using the Aureus Cloud Services you: 1) Acknowledge that you have read and understand this Customer Agreement; 2) Represent and warrant that you have the right, power and authority to enter into this Customer Agreement and, if entering into this Customer Agreement for an organization, that you have the legal authority to bind that organization; and 3) Accept this Customer Agreement and agree that you are legally bound by its terms.
The Cloud Services provided by Aureus are provided pursuant to a limited license granted through a Proof of Concept Pilot Agreement (the “Network Agreement”) between Aureus Tech Inc. and SIAA. The terms of this Customer Agreement are in addition to and form a part of the Network Agreement, the DONNA Authorized User Terms of Use and the Notice of Consent to Agency Network Data Sharing. The Network Agreement and this Customer Agreement refer to you as a “Customer”.
As a Customer, any data you input, upload or otherwise submit to Aureus in connection with your use of Aureus’ Cloud Services is considered “Customer Data” under the Network Agreement, to which SIAA, through Aureus, will have access and use. Customer Data may include personally identifiable information and other non-public information. Signing up for access to Aureus’ Cloud Services through SIAA constitutes your express consent to share your Customer Data with SIAA and Aureus.
To the maximum extent provided by law, SIAA shall not be liable to you for damages of any kind whatsoever including, but not limited to, direct, indirect, consequential, special, incidental, or punitive damages, lost profits, or damages resulting from lost data, data breach or business interruption, that may result from your use of or inability to use Aureus’ Cloud Services or as a result of the sharing of your Customer Data with SIAA or Aureus.
Unless otherwise agreed, this Customer Agreement and its enforcement are governed by the laws of the State of New Hampshire, without regard to conflicts of law, and shall inure to the benefit of SIAA’s successors and assigns, whether by merger, consolidation, or otherwise.
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