Dear User, Welcome to FieldEx! We’re happy to have you onboard but before you get your productivity juices flowing, please read this End User License Agreement and the documents referenced herein including our Privacy Notice (collectively the “Agreement”) to better understand how FieldEx functions and the terms and conditions governing your access and use of FieldEx. 

This Agreement governs the access and use of FieldEx. In the event of any inconsistency between this Agreement and any agreements you may have with us, this Agreement shall prevail.  

We may, from time to time, update the terms of this Agreement including to reflect the changes required by the latest laws and regulations that affect us and will endeavour to update you on these changes. The updated terms will become effective upon posting on our website or, if you are notified, as stated in the notification. We urge you to check the updated End User License Agreement and other documents as is made available on our website to stay updated on the current terms of use of FieldEx. By continuing to use FieldEx, you agree to be bound by the updated terms.

1. DEFINITION
   
   1. “Administrator” refers to the individual User authorised by you to activate FieldEx and perform all administrator-level transactions on your behalf and whose actions will be binding upon you.
   2. “Agreement” refers to this legally binding agreement  between us and you and governs your access to and use of FieldEx and all associated services and products. 
   3. “Customer”, “You” or “Your” refers to the company who has purchased FieldEx and Services to whom the User represents, or an individual customer if no entity is designated. 
   4. “Documentations” refers to user guides or manuals, marketing content, FAQs, training materials and other materials typically provided for use with FieldEx.
   5. “FieldEx” refers to the field service optimization software that is made available by us and includes associated offline components, as described within Documentations. 
   6. “Organisation” refers to the virtual space provided exclusively for your use where FieldEx shall be deployed to a defined set of licensed Users. 
   7. “Organisation ID” refers to the Organisation specific identification number that will be created by us for you.
   8. “Service(s)” refers to the provision of FieldEx to you including all ancillary and related services.
   9. “Subscription Term” refers to the period of subscription of FieldEx, as may be stated in the Delivery Order / Proposal document.
   10. “We,” “Us,” or “Our,” refers to Fieldex Sdn. Bhd., a Malaysian based company, who is the legal and proprietary owner of FieldEx and/or our successors-in-title and assigns under the FieldEx group of companies. 
   11. “Transacting Parties” refers to our authorized distributors and/or resellers.
   12. “User” refers to individual users authorised by you to access FieldEx.
   13. “Your Data” refers to all data (including personal data), text, images, video, audio, photographs, information, materials, in any format, provided or made available by you and/or your User that is transferred to, stored in, processing on FieldEx. Our materials, data and information will not fall within the definition of Your Data.
2. LICENSE RIGHTS & ORGANISATION
   
   1. Rights Granted. We grant you a non-exclusive, non-sublicensable, non-transferable and limited license to access and use FieldEx during the Subscription Term in accordance with the terms and conditions of this Agreement. You shall comply with this Agreement, your Agreement with the Transacting Parties and applicable laws and regulations in connection with your access and use of FieldEx.  
   2. Your Organisation.  To access and use FieldEx, we will create your virtual Organisation which contains all of Your Data and applications.  Each Organisation will be given a unique Organisation ID under which you are allowed to purchase as many User licenses as may be required. All Your Data, features, functionalities, configuration and usage history of your Organisation is accessible only to the Users of your Organisation and cannot be accessed by other Users.  To enable us to create your Organisation and provide the Services to you, you shall provide truthful and accurate information. If your information changes at any time, please update such information within the Organisation to reflect those changes. 
   3. Subscription Term. FieldEx operates on an annual subscription license which must be renewed annually. You may purchase annual subscriptions for multiple years. The Subscription Term shall commence upon activation of the license and shall end upon the termination of this Agreement or upon expiry and/or failure to renew the subscription for FieldEx.
   4. In order to retain all Your Data, features, functionalities, configuration and usage history on your Organisation, your FieldEx subscription must remain valid and active. If the subscription has lapsed or is suspended in accordance with paragraph 3.5 below and no action is taken by you to resolve the reasons for suspension within a period of 90 days, we may purge all Your Data (and accompanying features, functionalities, configuration and usage history).
3. TERMS OF USE
   
   1. Proprietary Rights. All trademarks, service marks, patents, copyrights, trade secrets and other intellectual property rights in and to FieldEx and Documentation including any and all related or underlying technology and any modifications or derivative works thereof and any other materials, products or services provided to you or used in providing Services to you, are and shall remain our exclusive property or that of our licensors. FieldEx is made available on a limited license or access basis, and no ownership right is conveyed to you, irrespective of the use of terms such as “purchase” or “sale”. 
   2. Modification. We reserve the right to modify FieldEx at any time, with or without notice to you. For example, we may add or remove functionality or features, and we may suspend or stop a particular feature altogether. We also reserve the right to change our pricing structure at any time. Such changes will only be effective at the time of renewal.
   3. Use of FieldEx and Documentation. You will not, and will not permit or authorize any third party to: (i) sell, rent, lease, sublicense or otherwise make FieldEx and Documentation available to any third party except as expressly authorized by this Agreement; (ii) modify or create any derivative works of FieldEx and Documentation; (iii) copy any feature, design or graphic in, or disassemble, reverse engineer or decompile FieldEx and Documentation; (iv) access or use FieldEx and Documentation to compete with FieldEx or to assist anyone else in doing so; (v) use FieldEx and Documentation in a manner that is defamatory, harassing, hateful, infringing or otherwise causes damage or injury to any person, group, or property; (vi) use FieldEx and Documentation to transmit viruses or other deleterious code; (vii) damage, disable, overburden (including load testing) or impair FieldEx and Documentation or any other party’s use of FieldEx and Documentation, or (xii) violate any laws and regulations. You are responsible for any use of FieldEx and Documentation by all Users and will be liable for their acts and omissions. You take full responsibility for ensuring that all of your Users comply with this Agreement. 
   4. Your Data. You will ensure that Your Data will not violate the terms and conditions of this Agreement and applicable laws and regulations. You are solely responsible for the legality, accuracy, integrity and reliability of Your Data. You are solely responsible for securing and maintaining any required notice, consent or authorization related to your provision of and our processing of Your Data as part of the provision of our Services to you. We will not assume any obligations and liabilities related to Your Data.
   5. Suspension of FieldEx and Services. We reserve the right to suspend your subscription or stop providing FieldEx and Services to you, or reject or cancel any transmission of any information through FieldEx (a) on our reasonable belief that your use of FieldEx and Services is in violation of laws and regulations, (b) upon your failure to pay amounts due to us, (c) if we become aware of any misuse of FieldEx, interference or attempted  access by you or your Users using a method other than the interface and the instructions that we provide; (d) in the event of an imminent compromise to the security and integrity of FieldEx; or (e) if you fail to comply with the terms of this Agreement.
   6. The terms of this Agreement apply to purchase of FieldEx and/or Services by you directly through our website or any of our Transacting Parties. 
4. ACCESS & RENEWALS
   
   1. You acknowledge that FieldEx is an online, subscription-based software and that we may make changes to it from time to time.
   2. You and the Administrator designated by you will be solely responsible for giving access to and allocating access types to the Users within your organisation. You are solely responsible for all activities that occur within your Organisation.
   3. You shall ensure that all Users keep their user IDs, passwords, and any other access related information to FieldEx strictly confidential and do not share such information with any person not authorized by you. Administrators of the Organisation may reset passwords, change access levels, and suspend Users as deemed necessary. You will notify us or our Transacting Parties immediately about any unauthorised access or misuse of the accounts or any security incidents related to FieldEx. You acknowledge and agree that we will not be liable for any unauthorised access or misuse of the accounts and any resulting losses. 
   4. We or our Transacting Parties will issue you a renewal notice at least thirty (30) days prior to the end of the Subscription Term. If you choose to renew your subscription, you will be charged the prevailing rates at the point of renewal. We shall not be liable for any failure to send you a renewal notice (either by us or our Transacting Parties) and you are therefore encouraged to take note of the renewal dates. 
   5. For purchases made directly with us using a credit card, your subscription to FieldEx will automatically renew for a period of one (1) year after the Subscription Term whereby you will be charged the prevailing rate at the point of renewal. If you choose not to renew your subscription, you may initiate a cancellation request through our Website within fourteen (14) days of the renewed Subscription Term.
5. YOUR ORGANISATION & YOUR DATA
   
   1. Ownership of Your Data. You retain ownership of and all intellectual property rights in Your Data and grant us and our licensors (where applicable), a non-exclusive, non-sublicensable (except to parties working on our behalf), non-transferable, royalty-free licence to access, process, store, transmit and otherwise make use of Your Data as necessary to provide the Services and to otherwise fulfil our obligations under this Agreement. 
   2. Retention. A minimum number of ten active (10) User licenses is required (or the minimum quantity agreed in the previous transaction) to maintain an active Organisation (including all Your Data, features, functionalities, configuration and usage history). All data in relation to active and inactive Users will be visible and accessible to the Administrators.
6. SECURITY & PRIVACY POLICY
   
   1. Our Security. We use a variety of security and encryption technologies to protect Your Data and have policies in place to ensure that all data within FieldEx (including Your Data) is secured and handled using appropriate physical, technical and organizational measures. We will never access or use Your Data except as necessary to provide the Services, or to comply with applicable laws and regulations. 
   2. Personal Data Protection. Our Privacy Notice outlining how we protect personal data can be found in [https://www.fieldex.com/privacy-notice].
   3. Transfer of Your Data. You agree that Your Data may be transferred or stored outside the country where you are located in order to carry out the Services and out obligations under this Agreement.
   4. Security of Your Data. Without prejudice to paragraph 6.1 above, you are responsible for any security vulnerabilities and the consequences of such vulnerabilities arising out of or relating to Your Data, including but not limited to any viruses, trojan horses, worms or other harmful or deleterious code or programming routines contained in Your Data. 
   5. THIS SECTION 6.5 APPLIES TO CUSTOMERS WHO COLLECT OR PROCESS DATA OF RESIDENTS OF THE EUROPEAN UNION OR UNITED KINGDOM. Your Data will be kept secure and confidential in accordance with Section 7 (Confidentiality) of this Agreement and our Privacy Notice. You confirm that you have notified any data subjects of, and that you have a lawful basis for, our use of the data subject’s data to provide the Services to you, including for storage of such data. You are responsible for entering into any required data protection agreements. You represent and warrant that you have obtained all consents necessary for us to collect, access, process, store, transmit, and otherwise use Your Data in accordance with the Agreement. You shall comply with all requirements of integrity, quality, legality and all other similar aspects in respect of Your Data. We may, but are not obligated to, review or monitor any Your Data. We expressly disclaim any duty to review or determine the legality, accuracy or completeness of Your Data. 
7. CONFIDENTIALITY
   
   1. For purposes of this Section, the party disclosing Confidential Information is referred to as the “Disclosing Party” and the party receiving Confidential Information is referred to as the “Receiving Party”. “Confidential Information” means proprietary information of the Disclosing Party, or third-party proprietary information disclosed to the Disclosing Party, that is provided to the Receiving Party. Receiving Party’s obligations to protect Disclosing Party’s Confidential Information does not apply to information that: (i) is or becomes publicly available through no fault of the Receiving Party; (ii) was rightfully in the Receiving Party’s possession or known to it prior to receipt of the Confidential Information; (iii) is subsequently and rightfully provided to Receiving Party by a third party, without restriction on disclosure; or (iv) is independently developed by Receiving Party without use of or access to Disclosing Party’s Confidential Information. Our, Our Transacting Parties, business partners, licensors and supplier’s Confidential Information includes the Materials and technical information relating to the Materials. 
   2. Confidentiality. Receiving Party will safeguard the confidentiality of Disclosing Party’s Confidential Information, including at a minimum, the confidentiality measures taken by Receiving Party to protect its own Confidential Information, but in any event no less than reasonable measures. Receiving Party will: (i) not disclose or use Disclosing Party’s Confidential Information for any purpose other than in accordance with the terms of this Agreement, (ii) limit access to Disclosing Party’s Confidential Information only to its employees and agents who have a need to know such information and who are bound by written confidentiality obligations at least as protective as the requirements of this Agreement, and (iii) not sell, transfer, disclose or otherwise make available Disclosing Party’s Confidential Information to any third party without the other party’s prior written consent. If Receiving Party is required to disclose Disclosing Party’s Confidential Information under the terms of a court order or government authority, then  unless legally prohibited from doing so, Receiving Party will promptly notify Disclosing Party of the existence, terms and circumstances surrounding such a request so that Disclosing Party may seek an appropriate protective order. 
   3. Return of Confidential Information. Receiving Party will return or destroy any materials containing Confidential Information, and any copies or reproductions thereof, to the Disclosing Party within thirty (30) days after the Disclosing Party’s written request (excluding backup media). Receiving Party agrees to undertake whatever action is reasonably necessary to remedy any breach of Receiving Party’s confidentiality obligations or any other unauthorized disclosure or use of the Confidential Information by Receiving Party, its employees, its agents, or contractors. The Receiving Party acknowledges that monetary damages may not be a sufficient remedy for unauthorized disclosure of Confidential Information and that the Disclosing Party shall be entitled, without waiving any other rights or remedies, to such injunctive or equitable relief as may be deemed proper by a court of competent jurisdiction. 
8. NON-EXCLUSIVITY 

Subject to the confidentiality provisions of this Agreement, nothing in this Agreement precludes or limits us, the Transacting Parties, our business partners or suppliers in any way from (i) providing materials or services that are similar to materials or services provided or contemplated in this Agreement, or (ii) developing deliverables or other materials or services that are similar to or compete with any materials or services developed as a result of this Agreement, regardless of their similarity to any FieldEx and Documentation. We and our business partners, licensors, or suppliers are free to use any concepts, processes, techniques, improvements or other know-how developed in the course of performance of this Agreement (even if similar to materials, products and services provided hereunder). For the avoidance of doubt, but subject to this Agreement, we do not claim any rights to Your Data. 

9. SUPPORT 
   
   1. We will provide support and guidance relating to enquiries on FieldEx and its features. This includes guiding the User on functions which they may need help with, requests related to bug fixes, utilization, enhancements and availability of FieldEx. Support does not include implementation and/or configuration services.
   2. We warrant that the support will be performed in a professional and workmanlike manner in accordance with applicable requirements of this Agreement or Delivery Order. However, resolution time is not guaranteed and is on a best efforts basis.
   3. All requests can be communicated via the FieldEx App or by emailing us at support@fieldex.com.  Notwithstanding, if you have purchased FieldEx from our Transacting Parties, you must request any support through our Transacting Parties.
10. SUBSCRIPTION TERM & TERMINATION
    
    1. Subscription Term. This Agreement shall remain in effect for as long as the Subscription Term remains valid.
    2. Termination for Cause. Either party may terminate the Agreement before the expiration of the Subscription Term by written notice of thirty (30) days if the other party (i) breaches a material term of the Agreement and does not remedy the breach by the end of the notice period, (ii) makes an assignment for the benefit of creditors, admits in writing its inability to pay debts as they become due, is the subject of a bankruptcy order, or becomes insolvent, or makes any arrangement or composition with or assignment for the benefit of its creditors, or if any of its assets are the subject of any form of seizure, or goes into liquidation, either voluntary (otherwise than for reconstruction or amalgamation) or compulsory or if a receiver, examiner, or administrator is appointed over its assets (or the equivalent of any such event in the jurisdiction of such other party. Failure to pay and violation of proprietary rights obligations are material breaches. If, during the notice period, we document an effort to promptly remedy the breach, then, notwithstanding anything to the contrary, you will not terminate the Agreement while such good faith efforts are continuing. Our efforts to cure the breach may not exceed 120 days from your notice. 
    3. Remedy for FieldEx Unavailability. In the event of unavailability of FieldEx rendering your Organisation being unavailable and/or Users being unable to access the system for a period of more than 120 consecutive hours, your sole and exclusive remedy shall be the refund of subscription fees for the duration of the unavailability.    
    4. Remedy for Loss, Destruction or Corruption of Your Data. In the event of loss, destruction or corruption of Your Data rendering your Organisation unavailable and/or Users being unable to access the system, then you may terminate this Agreement notwithstanding that the Subscription Term remains valid and your sole and exclusive remedy shall be the refund of either: (i) twelve (12) months monthly subscription fees; (ii) subscription fees paid for the current annual subscription period, whichever is lower.    
    5. Termination for Convenience. Either party may terminate the Agreement by written notice of sixty (60) days. If you terminate this Agreement under this paragraph, either through notification to us or our Transacting Parties, you will not be entitled to any credits or refunds of the subscription payments for the current annual period or Service charges paid. Your license and rights to use FieldEx will continue until the end of the current annual period. Any other credits or refunds shall be subject to our absolute discretion. 
    6. Effect of Termination. Immediately upon expiry of the Subscription Term or where the Agreement has been terminated in accordance with paragraphs 10.2 and 10.4 , the license and rights to use granted under this Agreement shall terminate and you (and your Users) will no longer be able to access FieldEx, the Documentation or any information or materials that we make available to you under this Agreement. You are responsible for retrieval of all Your Data from FieldEx prior to any termination. You are further required to remove FieldEx from your systems as applicable (including any third party systems operated on your behalf) and at our request, certify in writing that you have done so. 
    7. Except where an exclusive remedy may be specified in this Agreement, the exercise by either party of any remedy, including termination, will be without prejudice to any other remedies it may have under this Agreement. The following provisions will survive any termination or expiration of this Agreement: Sections 6 (Security & Privacy Policy), 7 (Confidentiality), 10 (Subscription Term and Termination), 11 (Warranty & Disclaimer), 12 (Limitation of Liability), 13 (Third Party Products) and 14 (Indemnification).
11. WARRANTY & DISCLAIMER
    
    1. Each party represents and warrants that it has the authority to enter into this Agreement, and that, if you are an entity, this Agreement is entered into by an employee or agent of such party with all necessary authority to bind such party to the terms and conditions of this Agreement.
    2. Warranty. We warrant to you that FieldEx will materially conform to the current description in the Documentation. Your sole and exclusive remedy for breach of this warranty will be to allow us to modify FieldEx to conform to the current descriptions. For the avoidance of doubt, current description refers to the features and functionalities currently deployed and does not encompass any general product direction or forward looking statements in relation to FieldEx.
    3. DISCLAIMER. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, FIELDEX AND ALL SERVICES AND OTHER MATERIALS OF ANY KIND INCLUDING ANY AND ALL THIRD PARTY PRODUCTS ARE PROVIDED “AS IS”. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE (AND OUR TRANSACTING PARTIES, BUSINESS PARTNERS, SUPPLIERS AND LICENSORS) DISCLAIM ANY AND ALL WARRANTIES, CONDITIONS, REPRESENTATIONS AND GUARANTEES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF NON-INFRINGEMENT, TITLE, FITNESS FOR A PARTICULAR PURPOSE, FUNCTIONALITY, OR MERCHANTABILITY. YOU MAY HAVE OTHER STATUTORY RIGHTS, BUT THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, SHALL BE LIMITED TO THE SHORTEST PERIOD PERMITTED BY LAW. WE SHALL NOT BE LIABLE FOR DELAYS, INTERRUPTIONS, SERVICE FAILURES AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS OR OTHER SYSTEMS OUTSIDE OUR REASONABLE CONTROL. WITHOUT LIMITING THE FOREGOING, WE (AND OUR TRANSACTING PARTIES, BUSINESS PARTNERS, SUPPLIERS AND LICENSORS) DO NOT WARRANT THAT: (I) THE USE OF FIELDEX OR THE SERVICES WILL TIMELY, UNINTERRUPTED OR ERROR-FREE; (II) FIELDEX WILL OPERATE SUBSTANTIALLY IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM, OR DATA; (III) FIELDEX WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (IV) ERRORS OR DEFECTS WILL BE CORRECTED.
12. LIMITATION OF LIABILITY 
    
    1. CONSEQUENTIAL DAMAGES EXCLUSION. IN NO EVENT WILL WE (AND OUR TRANSACTING PARTIES, BUSINESS PARTNERS, SUPPLIERS AND LICENSORS) BE LIABLE FOR ANY OF THE FOLLOWING DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT: (i) INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES OF ANY CHARACTER REGARDLESS OF THE LEGAL THEORY ASSERTED, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY OR OTHERWISE; OR (ii) ANY LOSS OF PROFITS, BUSINESS, GOODWILL (INCLUDING PECUNIARY LOSSES ARISING FROM LOSS OF GOODWILL), REVENUE, OR LOSSES RELATED TO INTERRUPTIONS TO YOUR OPERATIONS. THE DAMAGES DESCRIBED IN THIS SECTION ARE EXCLUDED, EVEN IF WE ARE INFORMED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. 
    2. LIMITATION OF LIABILITY. OUR (AND OUR TRANSACTING PARTIES, BUSINESS PARTNERS, SUPPLIERS AND LICENSORS) TOTAL AGGREGATE LIABILITY FOR ANY LOSS, COST, CLAIM OR DAMAGES IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE OR BREACH OF STATUTORY DUTY), MISREPRESENTATION, RESTITUTION OR OTHERWISE, WILL BE LIMITED TO DIRECT DAMAGES AND WILL NOT EXCEED EITHER (I) TWELVE MONTHS OF MONTHLY SUBSCRIPTION FEES, OR (II) SUBSCRIPTION FEES PAID FOR CURRENT ANNUAL SUBSCRIPTION PERIOD, WHICHEVER IS LOWER. 
    3. The parties must use their reasonable efforts to mitigate any loss, damages or expense arising out of, or in connection with, the Agreement. 
13. THIRD PARTY PRODUCTS
    
    1. We, or Our Transacting Parties may from time to time make available to you third-party products or services, including but not limited to add-ons and plugins as well as implementation, customization, training, and other consulting services. If you procure any of these third party products or services, you do so under a separate agreement solely between you and the third party vendor. 
    2. We do not warrant or support any of these third party products or services, whether or not they are designated by us as “verified” or otherwise, and disclaim all liability for such products or services. 
    3. If you install or enable any third party products or services for use with FieldEx, you acknowledge that we may allow the vendors of those products and services to access Your Data as required for the interoperation and support of such add-ons with FieldEx. We shall not be responsible for any disclosure, modification or deletion of Your Data resulting from any such access by third party add-on vendors.
14. INDEMNIFICATION

You agree to indemnify us, our subsidiaries, affiliates, employees, directors, agents and/or licensors ("Our Representatives”) and hold us and Our Representatives harmless from any claim, damages, losses, liabilities, expenses, demands, actions, penalties and costs, arising out of or in connection with your access or use of FieldEx, your negligence, or any omission, act or breach of this Agreement by you.

15. GENERAL
    
    1. Assignment. Neither party may assign its rights or obligations under the Agreement, either in whole or in part, except (i) with respect to a sale of substantially all of the assets of its business, merger, or change in the party's ownership, (ii) with the prior written consent of the other party, which shall not be unreasonably withheld. Without limiting the preceding sentence, the rights and liabilities of the parties hereto shall bind and inure to the benefit of their respective successors and assigns. 
    2. Compliance with Laws. Each party will comply with all laws and regulations applicable to it and shall be solely liable for any such failure to comply and resulting claims or actions. 
    3. Dispute Resolution. This Agreement will be governed by and construed in accordance with the applicable laws of Malaysia. Any disputes will be resolved in the exclusive jurisdiction of the courts in Malaysia. Notwithstanding the preceding sentence, nothing in this Agreement shall prevent either party from seeking injunctive relief with respect to a violation of intellectual property rights or confidentiality obligations in any appropriate jurisdiction.
    4. Severability. The provisions within this Agreement are enforceable independently of each other and if any one of the provisions become illegal, invalid, void ,or deemed unenforceable by any court of competent jurisdiction, it shall not affect the legality, validity, or enforceability of any other provisions within this Agreement.
    5. Waiver. Failure or delay by either party to enforce any provision of this Agreement shall not be deemed as a waiver of future enforcement of that or any other provision, unless explicitly stated by us in writing. 

ACCEPTANCE

1. By using FieldEx, you are agreeing to the terms of this Agreement. 
2. You also agree that you have read and understood the terms stated above and any applicable documents that are incorporated by reference into this End User License Agreement and agree to be bound by its terms.
3. You hereby acknowledge that you have the full power and authority to accept the terms and conditions stated within this End User License Agreement.

This document was last updated in May 2024.