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<br />7 <br />OpenGov End User License Agreement Revised May 5, 2025 <br />PRIOR TO THE ACT THAT GAVE RISE TO THE LIABILITY. <br />9.3. Limitation of Liability Exclusions. The limitations of liability set forth in Sections 9.1 and <br />9.2 above do not apply to, and each Party accepts liability to the other for: (a) claims <br />arising out of fraud or willful misconduct by either Party; (b) either Party’s infringement <br />of the other Party’s Intellectual Property Rights; (c) breach of obligations under Section <br />3.1; and (d) payment obligations under this Agreement. <br />9.4. No Limitation of Liability by Law. Because some jurisdictions do not allow liability or <br />damages to be limited to the extent set forth above, some of the above limitations may <br />not apply. <br />10. Miscellaneous <br />10.1. Logo Use. OpenGov shall have the right to use and display Customer’s logos and trade <br />names for marketing and promotional purposes in OpenGov’s website and marketing <br />materials, subject to Customer’s trademark usage guidelines provided to OpenGov. <br />10.2. Notice. Ordinary day-to-day operational communications may be conducted by email, <br />live chat or telephone. For notices required by the Agreement the Parties must <br />communicate more formally in a writing sent via USPS certified mail and via email. <br />OpenGov’s addresses for notice are: legal@opengov.com with a mailed copy to <br />OpenGov, Inc., 660 3rd Street, Suite 100, San Francisco, CA 94107. <br />10.3. Anti-corruption. Neither OpenGov nor any of its employees or agents has offered or <br />provided any illegal or improper payment, gift, or transfer of value in connection with <br />this Agreement. The Parties will promptly notify each other if they become aware of any <br />violation of any applicable anti-corruption laws in connection with this Agreement. <br />10.4. Injunctive Relief. The Parties acknowledge that any breach of the confidentiality <br />provisions or the unauthorized use of a Party’s intellectual property may result in serious <br />and irreparable injury to the aggrieved Party for which damages may not adequately <br />compensate the aggrieved Party. The Parties agree, therefore, that, in addition to any <br />other remedy that the aggrieved Party may have, it shall be entitled to seek equitable <br />injunctive relief without being required to post a bond or other surety or to prove either <br />actual damages or that damages would be an inadequate remedy. <br />10.5. Force Majeure. Neither Party will be liable for any delay or failure to perform its <br />obligations under this Agreement, due to any events beyond its reasonable control, <br />including but not limited to acts of god, acts of governmental authority, war, riot, labor <br />disputes, failures of performance by any third-party services, utilities, or equipment <br />failures, or any other events beyond the Party’s reasonable control. Notwithstanding the <br />foregoing, Customer shall remain obligated to perform its obligations under Section 7. <br />10.6. Severability; Waiver. If any provision of this Agreement is found to be unenforceable or <br />invalid, that provision will be limited or eliminated to the minimum extent necessary so <br />that this Agreement will otherwise remain in full force and effect and enforceable. Any <br />express waiver or failure to exercise promptly any right under this Agreement will not <br />create a continuing waiver or any expectation of non-enforcement.