Monitoring Package Giveaway Rules
OFFICIAL RULES (“Rules”)

NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN, NOR WILL A PURCHASE IMPROVE ONE’S CHANCES OF WINNING

1. SPONSOR: Thinking Engines, Inc., d/b/a Sitekick Technologies, 729 N Washington Ave, Minneapolis, Minnesota 55401 (“Sponsor”), is solely responsible for all aspects of this Giveaway (“Giveaway”).
2. ENTRY: During the period commencing at September 19, 2023 at 8:30 A.M. CT and ending at September 20, 2023 at 4:00 P.M. CT (“Entry Period”), you may enter this Giveaway by:
• Scanning the QR code provided at Sponsor’s booth at the Groundbreak 2023 conference and providing the information requested by Sponsor via Sponsor’s webpage. Entrants will be directed to Sponsor’s webpage after scanning the QR code.
Entering the contest by the methods described above shall constitute an “Entry”. Illegible, incomplete, or late entries will be disqualified. By submitting an entry, you warrant that you are legally entitled and authorized to make such submission.
3. LIMITATIONS: Each Entry must be received by September 20, 2023 at 4:00 P.M. CT. Entries must be made on an individual basis. Group Entries (i.e., an Entry purporting to be submitted by two or more people) will be disqualified. Open only to persons who have reached the legal age of majority in the state of residence at the time of submitting the Entry and be a legal resident of, and physically located within, one of the contiguous 48 United States or the District of Columbia (residents of Florida and New York are not eligible to enter) (collectively, “Territory”). Entries from persons residing, or physically located, outside the Territory or who are under the age of majority will be disqualified. Employees, contractors and agents of Sponsor, its affiliates or successor entities (including immediate family members and members of the households of all such individuals) are not eligible to participate in the Giveaway. This prohibition on eligibility extends to all advertising, promotional or fulfillment agencies engaged by Sponsor in connection with this Giveaway (Sponsor and such agencies, collectively, referred to as the “Entities”). Neither the Entities, nor any of their respective officers, directors, shareholders, employees, agents or representatives (individually and collectively, “Releasees”) are responsible for Entries that are altered, delayed, deleted, destroyed, forged, fraudulent, improperly accessed, inaccurate, incomplete, irregular in any way, late, lost, misdirected, multiple, mutilated, non-delivered, stolen, tampered with, unauthorized, unintelligible or otherwise not in compliance with these Rules; or for Entries that are not received due to interrupted or unavailable network, server or other connections, miscommunications, failed phone, computer hardware or software, telephone transmissions, garbled or jumbled transmissions, Internet connection or other technical failures, unauthorized human intervention, undeliverable emails resulting from any form of active or passive email filtering, insufficient space in entrant’s email account to receive email, or other errors of any kind, whether due to electronic, human, mechanical, printing, production or technical errors or other causes, even if caused by the negligence of any of the Releasees (each, a “Failed Entry”). Each such Failed Entry will be disqualified. This Giveaway is void where prohibited or restricted by law and subject to all applicable federal, state, local and municipal laws and regulations.
4. PRIZE: The following prize will be awarded:
The winner will receive a monitoring package from Sponsor valued at approximately $38,400 (the “Prize”). The Prize shall include jobsite monitoring services, which includes, with limitation, 2 Pan Tilt Zoom cameras and 4 bullet cameras for 12 months. Any portion of a Prize not accepted or used by any winner by December 31, 2024 shall be forfeited. The Prize is non-transferable. Sponsor will not substitute cash for any Prize, in whole or in part.
5. PROCEDURES: Giveaway is being conducted during the Entry Period. On or about September 25, 2023 in a random drawing, the potential winners will be selected by Sponsor from all eligible Entries received. Odds of winning depend upon the number of eligible entries received. In the event an alternate potential winner needs to be selected (as provided below) the same procedures will be used to select any such alternate potential winner as soon as practicable.
6. WINNER: The potential winners will be notified by email on or about September 25, 2023. At the sole discretion of Sponsor, disqualification, forfeiture and the selection of a potential winner may result from any of the following: [1] potential winner’s failure to respond to notification within two (2) days after notification; [2] the return of an email notice as undeliverable, or the inability to reach potential winner by telephone, after two attempts; [3] potential winner’s failure to provide Sponsor with satisfactory proof of age, identity and residency; and [4] any other noncompliance with these Rules. In the event of a forfeiture of a Prize, Sponsor may, in its sole discretion, award or not award the forfeited Prize to an alternate winner.
7. TAXES: SPONSOR DISCLAIMS ANY AND ALL LIABILITY FOR FEDERAL OR STATE INCOME TAXES ATTRIBUTABLE TO EACH PRIZE ON BEHALF OF THE WINNER. ALL APPLICABLE TAXES ON THE PRIZES ARE THE SOLE RESPONSIBILITY OF THE WINNER. The winners will be issued a 1099 tax form in the amount of $38,400.
8. CONDITIONS: By entering this Giveaway and/or accepting a Prize you may win, you agree, represent and/or warrant that: [1] you will abide by and be bound by the Rules, Sponsor’s End User License Agreement set forth in Exhibit A, and Sponsor’s decisions, which shall be final in all respects; [2] upon submission, the Entry becomes solely Sponsor’s property and will not be acknowledged or returned; [3] YOU RELEASE AND HOLD HARMLESS THE RELEASEES FROM ANY AND ALL LIABILITY FOR CLAIMS, INJURIES, LOSSES OR DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, DEATH AND BODILY INJURY, RESULTING, IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM THE AWARDING, DELIVERY, ACCEPTANCE, PARTICIPATION IN, USE, MISUSE, POSSESSION, LOSS OR MISDIRECTION OF A PRIZE; PARTICIPATION IN THE GIVEAWAY OR ANY GIVEAWAY-RELATED ACTIVITY OR TRAVEL OR FROM ANY INTERACTION WITH, OR DOWNLOADING OF, COMPUTER GIVEAWAY INFORMATION; [4] the Releasees do not make any representation, warranty or guarantee, express or implied, relating to the Giveaway or the Prizes; [5] winner’s acceptance of a Prize constitutes the grant to Sponsor and assigns of an unconditional right to use winner's name, address (city and state only), voice, likeness, photograph, biographical and Prize information and/or statements about the Giveaway for any programming, publicity, advertising and promotional purposes without additional compensation, except where prohibited by law, provided, however, if a winner resides in the state of Tennessee, winner can notify Sponsor of winner’s decision to keep winner’s name, voice, likeness, and photograph confidential; [6] the Releasees are not responsible for typographical or other errors in the offer or administration of this Giveaway, including but not limited to, errors in the advertising, Rules, selection and announcement of the winner and distribution of the Prize; [7] the Releasees are not responsible for any inability of the winner to accept or use a Prize (or any portion thereof) for any reason; and [8] Sponsor has the right to terminate the Giveaway or modify the Prize award procedures at its sole discretion.
9. RULES & WINNER: For information regarding the winner (for the three months following September 25, 2023 and/or to obtain a copy of the Rules), mail your request along with a self-addressed, stamped envelope to: Sitekick Technologies, 729 N Washington Ave, Minneapolis, Minnesota 55401.
10. LAW: All issues and questions concerning the construction, validity, interpretation, and enforceability of these Rules, or the rights and obligations of entrants or Sponsor in connection with any drawing or award, shall be governed by, and construed in accordance with, the laws of the State of Minnesota, without regard to conflict of law principles. Any cause of action by participants and/or winner with respect to the offer (and/or any information, products or services related thereto) must be instituted within one (1) year after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations set forth in above. The language in these Rules shall be interpreted as in accordance with its fair meaning and not strictly for or against either party. All legal proceedings arising out of or in connection with the offer of these Rules shall be brought solely in Minneapolis, Minnesota. By participating and/or accepting a prize, participants and/or winner expressly submit to the exclusive jurisdiction of said courts and consent to extraterritorial service of process.


By submitting an Entry, I acknowledge and agree I have read and understand these Rules and the End User License Agreement below and agree to abide by these Rules and such End User License Agreement.






















EXHIBIT A TO RULES
THINKING ENGINES, INC. DBA SITEKICK TECHNOLOGIES
CONTENT SERVICES AND SOFTWARE
USER LICENSE AGREEMENT


THIS IS A CONTENT SERVICES AND SOFTWARE USER LICENSE AGREEMENT (THE "AGREEMENT"), WHICH IS ENTERED INTO UPON YOUR AGREEMENT WITH THE FOLLOWING TERMS (THE "EFFECTIVE DATE") BETWEEN THINKING ENGINES, INC. ("TE") AND YOU ("USER" OR "YOU"). THIS AGREEMENT GOVERNS, AND SUPPLEMENTS ANY PRIOR AGREEMENT BETWEEN YOU AND TE THAT GOVERNS, YOUR USE, INCLUDING ANY BETA, FREE OR TRIAL USE, OF TE’S SOFTWARE-AS-A-SERVICE PLATFORM AND/OR HARDWARE ("SERVICES").
BY ACCEPTING THIS AGREEMENT OR USING ANY PART OF THE SERVICES, YOU AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MUST NOT ACCEPT THIS AGREEMENT AND MAY NOT USE THE SERVICES.
IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY AND ITS AFFILIATES TO THIS AGREEMENT, IN WHICH CASE THE TERMS "YOU" “USER” SHALL REFER TO SUCH ENTITY AND ITS AFFILIATES. IF YOU ARE NOT ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU AGREE TO BE BOUND AS AN INDIVIDUAL BY THESE TERMS AND CONDITIONS.
1. RIGHT TO USE AND RESTRICTIONS; PAYMENT TERMS.
1.1 Right to Use. Subject to the terms and conditions of this Agreement, TE grants to User a non-exclusive, use-limited right to use the Services “AS-IS” and in accordance with the Permitted Use as defined in Section 1.2 below. All other rights in the Services are expressly reserved by TE. The Services may utilize certain third-party software, which requires notices and/or additional terms and conditions. Such required third party software notices and/or additional terms and conditions are available from TE upon written request and are made a part of and incorporated by reference into this license. The protections given to TE under this license also apply to the suppliers of this third-party software, who are intended third-party beneficiaries of this Agreement. User agrees and acknowledges that its purchase of the Services or any associated products, software, or services from TE are not contingent on the delivery of any future functionality or features, or dependent on any oral or written public comments made by TE regarding future functionality or features.
1.2 Limited Right to Use Services and Content. User will (a) be responsible for its compliance with this Agreement, (b) be responsible for the accuracy, quality and legality of all User Data (as defined in Section 7.2), (c) use commercially reasonable efforts to prevent unauthorized access to, or Misuse of, the Services, and notify TE promptly of any such unauthorized access or Misuse, (d) use the Services only in accordance with any accompanying documentation, Permitted Use, and applicable laws and government regulations, and (e) comply with the terms of service of any third-party applications with which You use any Content. “Permitted Use” of the Services is limited to accessing gathered data in a monitored site using cameras or other sensors (“Content”), and using the Content for only Non-Reliant Viewing Purposes. “Non-Reliant Viewing Purposes” are purposes that do not rely on the Content or any use thereof in any way for (i) protecting the health, safety, or security of the monitored site or any persons or property in or around the monitored site, or (ii) adjusting, controlling, or otherwise effecting a state or condition of a system, machinery, or any actuator that may impact such health, safety, or security. “Misuse” constitutes any usage of the Services or Content which falls outside of the Permitted Use as specified herein. Examples of Misuse include, without limitation, using the Services or Content for critical applications such as any part of a security system, fire or hazardous-condition monitoring system, or the like; or as input, feedback, or feed-forward in a control system.
1.3 Use Restrictions. Except as expressly provided in Section 1.4 below, User shall securely maintain any and all copies of the Content in strict confidence and shall not: (a) sell, resell, distribute, transfer, publish, disclose, lend, or sublicense the Services or Content, or make the functionality of the Services available to any other party (excluding contractors or other third party providing IT services to User) through any means; (b) modify, or create derivative works based on the Services or Content, in whole or in part, or permit or authorize a third party to do so; (c) disassemble, decompile, reverse compile, reverse engineer or otherwise attempt to derive the source code of the Services, in whole or in part, or permit or authorize a third party to do so, except to the extent such activities are expressly permitted by applicable law in the jurisdiction of use notwithstanding this prohibition; (d) interfere with or disrupt the performance of the Services or the integrity of any data contained therein or of the Content; or (e) cause or authorize any Misuse of the Services or Content, or any portion thereof.
1.4 Access by Associates or the Public.
If User is a customer of TE who is a purchaser of the Services, User may request specific Associates to be authorized to access the Services and Content as associated users. As “Associate” is a third-party individual or entity that has a verifiable affiliation, contractual, or other business relationship with User. Each requested Associate must register with TE to establish a corresponding user account, and accept the terms of this Agreement before authorization to access the Services and Content will be granted. Any such authorization may be withheld or revoked by TE at TE’s sole discretion.
Subject to written pre-authorization and revocation at the sole discretion of TE, User may disclose the Content to any member of the public provided that User displays or otherwise supplies the following warning notice in connection with such disclosure: “© {{year of generation of the Content}} THINKING ENGINES, INC. THIS CONTENT IS PROVIDED FOR YOUR VIEWING WITHOUT ANY REPRESENTATIONS OR GUARANTEES AS TO ITS ACCURACY OR AUTHENTICITY. THIS CONTENT MAY NOT BE USED FOR ANY PURPOSE OTHER THAN ITS VIEWING. THIS CONTENT IS PROPERTY OF THINKING ENGINES, INC. WITH ALL RIGHTS UNDER COPYRIGHT LAW RESERVED. VIEWERS OF THIS CONTENT ARE NOT PERMITTED TO MAKE ANY ADDITIONAL COPIES, DERIVATIVE WORKS, COMBINED WORKS, COMPILATION, OR ANY OTHER WORK OR PRODUCT INCORPORATING, OR BEING BASED ON, ANY PART OF THIS CONTENT.
2. OWNERSHIP.
The Services AND Content are subscription-based, not sold. The Services and Contents are provided “AS-IS” and without warranty. TE and its suppliers, as applicable, retain all right, title, interest and ownership of (a) the software with which the Services are carried out, the Content, and all copyrights, patents, trade secret rights, trademarks and any other intellectual property rights in the Services and Content; (b) all improvements, enhancements or modifications thereto, (c) any software, applications, inventions or other technology developed in connection with the Services; (d) all information obtained by TE from any third party or publicly-available sources and provided to User in connection with the Services; and (e) all intellectual property rights related to any of the foregoing. User shall not delete or in any manner alter the copyright, trademark, or other proprietary rights notices or markings that appear on or in connection with, the Services or Content. To the extent User provides any suggestions, enhancement requests, recommendations or comments related to the Services or any portion thereof (collectively, "Feedback") to TE or its authorized third party agent, TE shall have the right to retain and use any such Feedback in current or future products or services, without any further approval or further compensation to User.
3. TERM; TERMINATION; AND EFFECT OF TERMINATION.
This Agreement is effective for as long as User, any Associate, or any member of the public, has access to the Services and any Content. User may terminate this Agreement at any time by permanently discontinuing its use of the Services and its access to any and all Content, removing any and all copies of the Content in User’s possession including any copies made available to the public, and causing any and all of its Associate to permanently discontinue use of the Services and access to any and all Content. TE may terminate this Agreement at any time and for any reason or for no reason by revoking User’s access to the Services. Termination of this Agreement results in the expiration of the right to access the Services granted herein. The remaining terms of this Agreement shall survive the termination for a period of two years.
4. DISCLAIMER OF WARRANTY.

User acknowledges that Services may be temporarily unavailable and, unless TE is obligated to continue providing the Services and Content, User’s access to the Services and Content may be revoked at TE’s sole discretion. TE DOES NOT WARRANT THAT THE SERVICES OR CONTENT WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES OR CONTENT. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION, THE SERVICES AND CONTENT ARE PROVIDED "AS IS" AND TE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT TO THE EXTENT PERMITTED BY APPLICABLE LAW.
5. LIMITATION OF LIABILITY.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, (A) IN NO EVENT SHALL TE OR ITS SUPPLIERS (INCLUDING BUT NOT LIMITED TO ALL EQUIPMENT AND TECHNOLOGY SUPPLIERS) BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING BUT NOT LIMITED TO LOSS OF USE, DATA, BUSINESS OR PROFITS, OR FOR THE COST OF PROCURING SUBSTITUTE PRODUCTS, SERVICES OR OTHER GOODS), ARISING OUT OF OR RELATING TO THIS AGREEMENT, REGARDLESS OF THE THEORY OF LIABILITY AND WHETHER OR NOT TE WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS; AND (B) IN NO EVENT SHALL TE'S TOTAL LIABILITY ARISING OUT OF OR RELATING TO THIS AGREEMENT, FROM ALL CLAIMS OR CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY, EXCEED $500. TE SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER RESULTING FROM MISUSE OF ANY SERVICES, OR CONTENT LICENSED UNDER THIS AGREEMENT, INCLUDING DAMAGES ARISING FROM DEATH OR BODILY INJURY, DAMAGES ARISING FROM LOSS OF PROPERTY, AND DAMAGES ARISING FROM ANY VIOLATION OF LEGAL, REGULATORY, OR CONTRACTUAL REQUIREMENTS BY USER. User agrees that the foregoing limitations of liability constitute a material inducement for TE to enter into this Agreement and that User’s cost-free use of the Services is conditioned upon this limitation of liability. If TE defaults in performing any of its obligations under the terms of this Agreement for any reason, User’s sole and exclusive remedy shall be to terminate this Agreement. . TE SHALL NOT BE LIABLE TO USER FOR ANY LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF GOODWILL OR ANTICIPATED LOSSES RESULTING FROM THE SERVICES AND CONTENT PROVIDED UNDER THIS AGREEMENT.

6. INDEMNIFICATION.
User agrees and understands that the Services and Content are offered solely for the Permitted Use. User understands that the Services and Content shall not replace, supersede, or negate User’s own duties of care, inspection and maintenance with respect to its facilities and the safety thereof. User shall remain solely responsible for the safety of its property, machines, plants, equipment, employees and products. User shall indemnify, defend and hold TE, its subsidiaries, affiliates, officers, directors, shareholders, employees, and agents harmless from any and all liability, claims, damages, expenses, and costs, including the cost of settlement and attorneys’ fees resulting from or arising out of (a) any civil claim or regulatory action made against User, (b) any unauthorized acts or transactions of User or any affiliate, agent, or Associate thereof; (c) any harm to persons, property, or the environment, resulting from Misuse by User, any affiliate of User, any Associate, or any member of the public to whom User provided access to any Content; or (d) the breach of this Agreement by User. TE shall be permitted to select its own counsel and control its own defense at User’s expense and User will cooperate fully in any such defense.
7. CONFIDENTIALITY; USER DATA.
7.1 Confidentiality. User agrees that (a) Confidential Information (as defined below) will be used only in furtherance of this Agreement; (b) it will use the same degree of care that it uses to protect its own confidential information, but in no event less than reasonable care to protect Confidential Information; and (c) Confidential Information may be disclosed only to employees, agents and contractors with a need to know, and to its auditors and legal counsel, in each case, who are under a written obligation to keep such information confidential using standards of confidentiality not less restrictive than those required by this Agreement. "Confidential Information" means any information designated as confidential orally or in writing by TE, or any information that User knows, or has reason to know, is confidential or proprietary based upon its treatment by TE. This Agreement imposes no obligation with respect to information which: (1) is a part of or enters into the public domain; (2) was already in the receiving party's possession prior to the date of disclosure other than by breach of this Agreement; (3) is rightfully received from a third party without any duty of confidentiality; (4) is independently developed without reference to the Confidential Information of the disclosing party.
7.2 User Data. TE utilizes generally-accepted industry standard practices and policies to maintain administrative, physical and technical safeguards for the protection and security of User's personally-identifiable, sensitive, and/or confidential data and information (collectively, "User Data"). User is hereby notified and acknowledges that TE Services and Content may include interaction and communication with facilities hosted outside of the country where User purchased or utilizes the Services and Content. SUBMISSION OF USER DATA TO TE SHALL BE AT USER'S SOLE DISCRETION AND AT ITS OWN RISK, AND TE ASSUMES NO RESPONSIBILITY OR LIABILITY FOR USER'S DECISION TO DO SO. User Data sent to TE may be stored by TE. User further acknowledges that TE may anonymize such User Data to use for statistical purposes and share samples of such anonymized User Data with other third party security-related researchers, vendors and Users.
8. GENERAL.
8.1 Governing Law. This Agreement shall be governed by the laws of the State of Minnesota without regard to its conflict of laws provisions. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement. The parties (a) agree that any action at law or in equity arising out of or relating to this Agreement will be resolved only in a state court located in Hennepin County, Minnesota or a federal court located in the District of Minnesota; and (b) consent and submit to the exclusive jurisdiction of such courts over any suit, action, or proceeding arising out of this Agreement.
8.2 Compliance with Laws; Export Control. User shall be solely responsible for its compliance with, and agrees to comply with, all applicable laws in connection with its use of the Services and Content. User further agrees that it will not engage in any illegal activity in any relevant jurisdiction, and acknowledges that TE reserves the right to notify its Users or appropriate law enforcement in the event of such illegal activity. User agrees to comply fully with the U.S. Export Administration Regulations, and any other export laws, restrictions, and regulations to ensure that the Services and Content and any technical data related thereto is not exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by such laws and regulations.
8.3 Force Majeure. TE shall not be liable for any losses arising out of the delay or interruption of its performance of obligations under the Agreement due to any act of God, act of governmental authority, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labor problems (other than those involving TE employees or agents), Internet service provider failures or delays, or denial of service attacks, unplanned system downtime, or any other cause beyond TE's reasonable control.
8.4 Waiver and Severability. The failure by either party to enforce any provision of this Agreement will not constitute a waiver of future enforcement of that or any other provision. Any waiver, modification or amendment of any provision of this Agreement will be effective only if in writing and signed by authorized representatives of both parties. If any provision of this Agreement is held to be unenforceable or invalid, that provision will be enforced to the maximum extent possible and the other provisions will remain in full force and effect.
8.5 Modification to Terms; Entire Agreement. To the maximum extent permitted and enforceable under applicable law, TE reserves the right to modify the terms and conditions of this Agreement at any time, effective upon the posting of an updated version of this Agreement. User is responsible for regularly reviewing this Agreement. Continued use of the Services after any such changes shall constitute User's consent to such changes. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof, and supersedes all prior written or oral agreements, understandings and communications between the parties with respect to the subject matter hereof. Any terms or conditions contained in User's purchase order or other ordering document that are inconsistent with or in addition to the terms and conditions of this Agreement are hereby rejected by TE and will be deemed null.
8.6 U.S. Government Users. This section applies to United States Government Users only and does not apply to any other Users. The Services and its documentation are "commercial computer software" and "commercial computer software documentation," respectively; as such terms are used in FAR 12.212 and DFARS 227.7202. If the Services and its documentation are being acquired by or on behalf of the U.S. Government, then, as provided in FAR 12.212 and DFARS 227.7202-1 through 227.7202-4, as applicable, the U.S. Government's rights in the Services and its documentation shall be as specified in this Agreement.
8.7 Open Source Services. The Services and Content may contain or be provided with components subject to the terms and conditions of open source software licenses ("Open Source Services"). A list of Open Source Services can be provided upon request. Nothing in this Agreement limits User's rights under, or grants User rights that supersede, the terms and conditions of any applicable end user license for such Open Source Services; however the license to the Services in Section 1.1 includes the right to use the Open Source Services included in the Services in the same manner and to the same extent as the Services.
BY USING ANY PART OF THE PRODUCTS, THE USER REPRESENTS AND WARRANTS THAT THE UNDERSIGNED HAS AUTHORITY TO BIND USER TO THE TERMS OF THIS AGREEMENT.