Terms and Conditions

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  By accessing any websites of Server Ware LLC or its subsidiaries (collectively “Server Ware”), or otherwise indicating acceptance as set forth below, you are agreeing to the following terms and conditions (as modified from time to time), and each time that you access the serverware.us website(s) you reassert your agreement. If you do not agree with these terms and conditions, then you may not access or use Serverware.us or any other Server Ware website. 

1. Password  To access certain Server Ware LLC websites, you must present a valid password and user ID. Your password is your sole responsibility, and you must take all necessary actions to safeguard the security of your password and its use. You agree not to challenge the validity or enforceability of any order made via Serverware.us with your password. You must not disclose your password to any person who is not authorized to use the password on your behalf. You will be solely responsible for all unauthorized use of your password by your employees or third parties, except where caused solely and directly by Server Ware LLC negligence. Server Ware LLC highly recommends that you change your password periodically, and that you change your password immediately when you have reason to believe that your password security has been compromised. 

2. Independent Distributor  Server Ware LLC is an independent distributor. Except as otherwise specifically represented by Server Ware LLC as to a particular brand or product line, Server Ware LLC is not a manufacturer-authorized vendor for the products that Server Ware LLC resells. By accessing any websites of Server Ware LLC, you are agreeing to engage with Server Ware LLC as an independent distributor, and to assume any risks or responsibilities that Server Ware LLC. status as an independent distributor entails. For example, some manufacturers enter into partner agreements or other contracts with resellers or customers, which may contain terms and conditions providing that such resellers or customers may only buy the manufacturer’s products from authorized vendors, which would not include Server Ware LLC. Also, the terms and conditions applicable to some transactions may limit or prohibit a party’s right to purchase products from a vendor that is not manufacturer authorized. For example, some government bid terms and conditions can only be fulfilled with products from manufacturer-authorized vendors, which would not include Server Ware LLC. As a party to any contract or bid containing such terms and conditions, you are solely responsible for compliance with, waiver of, or assuming the risk of non-compliance with, any such terms and conditions. 

3. Disclaimer  USE OF SERVERWARE.US WEBSITE IS ON AN “AS IS” BASIS AND SERVER WARE LLC. MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE WEBSITE OR RELATED PRODUCTS. SERVER WARE LLC. DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, SERVER WARE LLC DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THE Serverware.us WEBSITE IS ACCURATE, COMPLETE OR CURRENT. PRICE AND AVAILABILITY INFORMATION IS SUBJECT TO CHANGE WITHOUT NOTICE. 

4. Limitation on Use  You hereby acknowledge that products sold by Server Ware LLC are not intended for use in life support systems, critical care applications, human implantation, commercial aviation, nuclear facilities or systems or any other applications where product failure could lead to injury to persons or loss of life or catastrophic property damage. Server Ware LLC hereby disclaims any liability or responsibility for risk of loss, expenses, cost, liability, litigation and/or potential adverse verdict or judgment in relation to any such use of the products. 

5. Limited License  The information and databases provided to you via the Serverware.us websites is licensed to you by Server Ware LLC. for your use only in the ordinary course of your doing business with Server Ware LLC. This license is non-exclusive, non-transferable, and may be terminated by Server Ware LLC with or without cause at any time. 

6. Limitation of Liability  Except as specifically stated herein, neither Server Ware LLC nor any of its directors, employees or other representatives will be liable for damages arising out of or in connection with your use of any Server Ware website. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect, or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties.  IN NO EVENT SHALL Server Ware LLC BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE, SPECIAL OR OTHER DAMAGES WHATSOEVER RESULTING FROM OR RELATED TO YOUR USE OF ANY Server Ware WEBSITE OR Server Ware LLC PERFORMANCE OR FAILURE TO PERFORM UNDER ANY AGREEMENT OR THE FURNISHING, PERFORMANCE OR USE OF ANY PRODUCT(S), WHETHER DUE TO BREACH OF CONTRACT, BREACH OF WARRANTY, STRICT LIABILITY, PRODUCT LIABILITY, PERSONAL INJURY, THE NEGLIGENCE OF Server Ware LLC OR OTHERWISE. Server Ware LLC LIABILITY SHALL BE LIMITED SOLELY TO THE REPAIR, REPLACEMENT OR CREDIT OF THE PRODUCT(S), AT Server Ware LLC's OPTION. 

7. Indemnity  You agree to defend, indemnify, and hold Server Ware LLC and its affiliates, and their respective directors, officers, employees, and agents, harmless from and against any and all liabilities, costs, and expenses, including reasonable attorneys’ fees, arising from or in any way relating to your use of any Server Ware website. 

8. Modification  Server Ware LLC may modify the information and functionality of any Server Ware website at any time. Server Ware reserves the right, in its sole discretion, to modify, alter or otherwise update these terms and conditions at any time, and you agree to be bound by such modifications, alterations or updates. Any modifications, alterations or updates to these terms and conditions will be available to you on Serverware.us website, and you agree to regularly check the Server Ware website for new versions of these terms and conditions. 

9. Governing Law/Venue  This Agreement shall be governed by and construed under the laws of the State of Georgia, without regard to its principles regarding conflicts of law. The parties disclaim the United Nations Convention on Contracts for the International Sale of Goods in its entirety. If any part of these terms and conditions is found void and unenforceable, it will not affect the validity of the balance of the terms and conditions, which shall remain valid and enforceable. 

10. Compliance  By accessing any websites of Server Ware you are agreeing to comply with all applicable laws, statutes, and regulations with respect to these terms and conditions. With respect to the resale of any products acquired from Server Ware, you acknowledge and agree that the products are subject to the export control laws and regulations of the United States, including, but not limited to, the Export Administration Regulations, and sanctions regimes of the U.S. Department of Treasury and Office of Foreign Asset Controls. You will not, without prior U.S. government authorization, export, reexport, or transfer any products, either directly or indirectly, to any country subject to a U.S. trade embargo, or to any resident or national of any such country, or to any person or entity, listed on the “Entity List” or “Denied Persons List” maintained by the U.S. Department of Commerce or the list of “Specifically Designated Nationals and Blocked Persons” maintained by the U.S. Department of Treasury. In addition, you will not export, re-export, or transfer products to an end-user engaged in activities related to weapons of mass destruction. Such activities include, but are not necessarily limited to, activities related to the design, development, production, or use of: (a) nuclear materials, nuclear facilities, or nuclear weapons; (b) missiles or support of missiles projects; (c) chemical or biological weapons; and (d) life support systems, human implantation, or any other application where product failure could lead to loss of life or property damage. In accordance with the US Foreign Corrupt Practices Act (the “FCPA”), you agree that you have not made, and will not make, any direct or indirect payment, or offer or authorization to pay, any money, gift, or anything of value to any government official, including the immediate family of any such official, for the purpose of influencing an act or decision of the government or such individual in order to assist, directly or indirectly, you or Server Ware in obtaining or retaining business, or otherwise securing an improper advantage.  

BY ACCESSING ANY SERVER WARE WEBSITE, YOU ACCEPT ALL THESE TERMS AND CONDITIONS.  Effective as of November 9th, 2023