Massive Network License Agreement

This Massive Network License between the purchaser of Massive Network License (such entity, "Subscriber" and this agreement, this "Agreement") and Massive Computing, Inc. ("Massive") consists of the following Overview, Further Terms and Conditions, and any mutually signed Statement of Work, and takes effect when Subscriber signs up to use Massive or accesses or uses any of its services. It may or may not be accompanied by an additional Statement of Work.

General Terms

Service Description

Massive Proxy Infrastructure Service is a rotating residential IP service provided for Subscriber’s use as an element of a residential proxy server service that Subscriber provides its customers pursuant to written agreements between Subscriber and each customer (such Massive-provided service, the "Service" and such Subscriber-provided service, a "Subscriber Service").

Service Use

The Subscriber shall use the Service exclusively for the purpose of operating its Subscriber Service. The Subscriber shall not sublicense, resell, or transfer the Service or any part thereof without prior written consent from Massive.

Term and Renewal

The initial term of this Agreement shall be as set forth in the applicable Statement of Work. Unless either party provides written notice of non-renewal at least thirty (30) days prior to the end of the then-current term, this Agreement shall automatically renew for successive one-year terms.

Fees and Payment

Subscriber shall pay Massive the fees specified in the applicable Statement of Work or as otherwise agreed in writing. Fees are due within thirty (30) days of the date of Massive’s invoice. Late payments shall accrue interest at the rate of 1.5% per month or the maximum rate permitted by law, whichever is lower.

Compliance

Subscriber warrants that its use of the Service and operation of any Subscriber Service shall comply with all applicable laws and regulations. Subscriber shall not use the Service in any manner that violates applicable privacy laws, data protection regulations, or any other legal requirements.

Intellectual Property

Massive retains all right, title, and interest in and to the Service, including all intellectual property rights therein. This Agreement does not convey to Subscriber any ownership interest in the Service.

Limitation of Liability

To the fullest extent permitted by law, Massive shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to this Agreement or the use of the Service. Massive’s total liability under this Agreement shall not exceed the fees paid by Subscriber in the twelve (12) months preceding the event giving rise to the claim.

Termination

Either party may terminate this Agreement upon thirty (30) days’ written notice if the other party materially breaches this Agreement and fails to cure such breach within the notice period. Upon termination, Subscriber shall immediately cease use of the Service and pay all outstanding fees.

Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles. Any disputes arising under this Agreement shall be resolved in the state or federal courts located in San Francisco, California.

Contact

For questions regarding this license, please contact us at legal@joinmassive.com.