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End User License Agrnemeut -CareSuite Page 8 oflO _ . o ., ~~·~E it~ r al~$1~J;o be excu~ecl from . any delay or failure in performance '·e 1 e~1~l1ee~t.\d df\r,ieys by Lwensee, caused by reason of any occurrence or _-ge118·,e~.1Wtli ·1®kM~~ co11ttol 1 including but not limited to, acts of God, ea rt 1quak.e, floods, lightning, labor disputes and strikes, other labor or industrial diEsh}i-ha ~101es ... r iot,s, wm~· acts of~he. pu bli c enem?, insun~.Qt ion s. emhP:tf ()es.,~!o cka1~es1., i:;1~ R.~o otwn s ..t'l rmaci1 armers com any .l,.;&ree rs Co tact s ::; 1p:P ort reg n at tons or ord ers o any gov ernment, age nc or suhcliv1s10 11 th ere o· sh ot: ag es o · materials, rationing, utility or communication failures, casualty, novelty of product manufacture or other unanticipated product development problems, and governmental requirements. The obligations and rights of the party so excused shall be extended on a day- to-day basis for the period of time equal to that of the underlying cause of the delay; provided that such party shall give notice of such force majeure event to the other party as soon as reasonably possible. 8.12. Presumptions/Review. In construing the terms of this Agreement, no presumption shall operate in either party's favor as a result of that party's counsel's role in drafting the terms or provisions hereof. Further, it is agreed that Licensee has had a full and fair opportunity to review the terms herein and to consult with legal counsel before clicking on "I Accept." Accordingly, because Licensee has had ample review opportunities and because Licensee is and was free to elect not to accept these terms, Licensee acknowledges that this is not a contract of adhesion. 8 .13. Authority. Each party represents that all corporate action necessary for the authorization, acceptance and delivery of this Agreement by such party and the performance of its obligations hereunder has been taken. 8.14. Legal Expenses. The prevailing party in any legal action brought by one party against the other and arising out of this Agreement will be entitled, in addition to any other rights and remedies it may have, to reimbursement for its expenses, including court costs and reasonable attorneys' fees. 8.15. Government End-Users. The Software and accompanying Documentation are deemed to be "commercial computer software" and "commercial computer soH:ware documentation," respectively, pursuant to DFAR Section 227.7202 and FAR Section 2.212, as applicable. Any use, modification, reproduction, release, performing, displaying or disclosing of the Software by the U.S. Government shall be governed solely by the terms of this Agreement and shall be prohibited except to the extent expressly permitted by the terms of this Agreement. mhtml:file ://\\lothlorien\fil e Uploads\work.-requests\32769\Quickmar contract 11-25-17 .mht 11/27/2017