Documentation Use Rights

You may access, review and use the Ionic Security, Inc. (“Ionic”) documentation on this page and any pages linked to from this page hosted at the domain www.ionic.com (“Documentation”) to develop software (“Software”) consistent to the Documentation that interconnects with Ionic’s distributed data security and access control platform and related key management services and software (“Ionic Platform”). You will not use the Documentation other than as expressly described in the previous sentence. Access to the Documentation does not entitle you to access the Ionic Platform using the Software or by any other means. Access to the Ionic Platform is granted pursuant to one or more separate agreements entered into between Ionic and the company, government agency, association or other entity you represent (“Master Agreement”). If you have entered into a Master Agreement, you are authorized to use the Software to exchange information with the Ionic Platform for your internal business purposes, and then only pursuant to the terms and conditions of your Master Agreement and during the term of the Master Agreement. Otherwise, you may not use the Software for any purpose. You may not distribute the Software to any entity, other than your then current affiliates and contractors provided the affiliate or contractor has entered into a written agreement with you to use and disclose the Software in accord with the terms and conditions of these Documentation Use Rights. Ionic may terminate your rights with respect to the Documentation and Software at any time upon notice to you. As between you and Ionic, Ionic owns exclusively and will retain ownership of all right, title, and interest in and to the Documentation and the Ionic Platform.

THE DOCUMENTION IS PROVIDED ON AN AS IS AND AS AVAILABLE BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. TO THE MAXIMUM EXTENT ALLOWED UNDER APPLICABLE LAW, IONIC DISCLAIMS AND DOES NOT MAKE ANY WARRANTY, EXPRESS, IMPLIED (E.G., WARRANTY OF NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, OR MERCHANTABILITY) OR STATUTORY, REGARDING THE DOCUMENTATION OR THAT ANY SOFTWARE DEVELOPED FROM THE DOCUMENTATION WILL BE USEFUL OR SUITABLE FOR YOUR PURPOSES.

IONIC AND ITS DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS SHALL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY AND/OR PUNITIVE DAMAGES (EXCEPT WITH REGARD TO PUNITIVE DAMAGES WHICH MAY NOT BE EXCLUDABLE IN THE RELEVANT JURISDICTION), IN CONNECTION WITH THE DOCUMENTATION OR SOFTWARE, REGARDLESS OF THE FORM OF THE ACTION OR THE THEORY OF RECOVERY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL IONIC, ITS DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE IN CONNECTION WITH THE DOCUMENTATION OR SOFTWARE, OR OTHERWISE HEREUNDER FOR AN AMOUNT GREATER THAN ONE HUNDRED U.S. DOLLARS ($100.00). Some jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply to you. IN THESE JURISDICTIONS, THE IONIC’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

In the event of any conflict between these Documentation Use Rights and the Master Agreement, the terms of the Master Agreement will control. These Documentation Use Rights shall be governed by and interpreted in accordance with the laws of the State of Georgia, United States of America, without giving effect to any conflicts of laws principles. All disputes arising out of these Documentation Use Rights will be subject to the exclusive jurisdiction and venue of courts located in Fulton County, Georgia.

Last modified: November, 2017