Incredimail 2014 Annual Report Download - page 149

12.6 Export Control.
The Parties will comply in all material respects with all relevant export or import laws and regulations of
the United States, or of any foreign government to or from where a Party is shipping, in connection with the import, export or re-
export, directly
or indirectly, of software in connection with this Agreement.
12.7 Severability.
If any provision of the Agreement is held to be invalid, illegal or unenforceable for any reason, such
invalidity, illegality or unenforceability will not affect any other provisions of the Agreement, and instead, the Agreement will be construed as if
such invalid, illegal or unenforceable provision had never been contained in it.
12.8 Publicity.
No Party may make any public announcement or issue any press release about the existence or terms of the
Agreement without the other Party’
s prior written approval, which shall not be unreasonably withheld. It is understood between the Parties that
Company desires to issue a press release upon the execution of this Agreement, which will be subject to Microsoft’
s prior written approval. Any
and all publicity relating to the Agreement or any subsequent transactions between the Parties under it must be approved by both Parties in
writing and in advance of the release. Microsoft acknowledges that Company is a publicly traded company, and agrees that as a public company,
Company may be obliged, as part of certain disclosure rules, to disclose the existence of this Agreement and certain of its general terms and
conditions. Company will only disclose information that is absolutely required to be disclosed by law and/or regulation, will not disclose the
Agreement in its entirety, will not disclose any of the Agreement’
s economic terms, and will give Microsoft prior written notice on any such
disclosure.
12.9 Independent Contractors.
Each Party is an independent contractor with respect to the other for purposes of the Agreement
and its subject matter. Nothing contained in the Agreement creates in any manner whatsoever any partnership, joint venture, employment,
agency, fiduciary, or other similar relationship between the Parties.
12.10 Sole Responsibility.
Company will remain solely responsible for the operation of the Products, and Microsoft will remain
solely responsible for the operation of the Bing Search Service.
12.11 Event of Force Majeure.
Neither Party will be in violation of any of the requirements of this Agreement to the extent that
its performance is impaired as a result of any delay, failure in performance, or interruption of service, resulting directly or indirectly from acts of
God, acts of civil or military
authorities, civil disturbances, wars, acts of terrorism, strikes or other labor disputes, fires, transportation
contingencies, outages of third party telecommunications networks with whom the non-
performing Party does not have a direct contractual
relationship, failure of suppliers with whom the non-
performing Party does not have a direct contractual relationship, or other similar
occurrences which are beyond such Party’
s reasonable control; provided, however, that any such delay or failure will be remedied by such Party
as soon as reasonably possible. Upon the occurrence of an event of force majeure, the Party unable to perform will, if and as soon as possible,
provide written notice to the other Party indicating that an event of force majeure occurred and detailing how such event of force majeure
impacts the performance of its obligations. Microsoft will maintain during the Term and Tail Period, appropriate business continuity and
disaster recovery plans, procedures, facilities and equipment to restore operation of the Bing Search Service within a reasonable period of time
under the circumstances.
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