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License and Services Agreement for ZixMail(TM) and Secure Delivery(TM) Systems IMPORTANT: PLEASE READ THE TERMS AND CONDITIONS OF THIS AGREEMENT CAREFULLY BEFORE ELECTING TO DOWNLOAD AND INSTALL THIS SOFTWARE. BY DOWNLOADING OR USING THIS SOFTWARE, OR BY PRESSING THE "YES" BUTTON AT THE END OF THIS AGREEMENT OR THE "NEXT" BUTTON DURING INSTALLATION, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, THAT YOU UNDERSTAND IT, AND THAT YOU AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, PROMPTLY EXIT THIS PAGE WITHOUT DOWNLOADING, INSTALLING, OR USING THIS SOFTWARE. ZixMail Technology Company and ZixMail.com, Inc., both Delaware corporations ("we," "us," or "our"), are willing to license the Software and Documentation and provide the ZixMail Service and the Secure Delivery Service (collectively, the "Secure Messaging Services") on the condition that you accept the terms and conditions contained in this Agreement. 1. LICENSE AND RIGHTS; FEES. 1.1 License; Services. 1.1.1 Limited Software License. ZixMail Technology Company grants you a personal, non-exclusive, non-transferable, limited license to use, in executable form only, the ZixMail(TM) computer program that this Agreement accompanies (the "Software") and any documentation files accompanying the Software ("Documentation"). The Software and the Documentation are collectively referred to as the "Licensed Materials." 1.1.2 ZixMail Service. ZixMail.com, Inc. grants you a personal, non-exclusive, non-transferable, limited right to use the ZixMail Service in connection with the Software. The ZixMail Service (the "ZixMail Service") consists of: (a) making your public encryption codes available for use by other ZixMail Service users,(b) allowing you to retrieve the public encryption codes of other ZixMail Service users, (c) providing certified delivery receipts and time stamps for your messages, (d) if elected by you, allowing you to route your ZixMail messages through our HTTP/SMTP relays, and (e) other related services we may make available from time-to-time to users of the ZixMail Service. The ZixMail Service comes in two varieties: Basic or Premium. For further information about the ZixMail Service and the differences between the Basic and the Premium ZixMail Services, visit our web site at "www.zixmail.com". 1.1.3 Secure Delivery Service. ZixMail.com, Inc. grants you a personal, non-exclusive, non-transferable, limited right to use the Secure Delivery Service in connection with the Software. The Secure Delivery Service (the "Secure Delivery Service") allows the delivery of encrypted messages, regardless of whether the recipient is a subscriber to the ZixMail Service. 1.2 Copies. You may use as many copies of the Software on as many computers as you wish or use the Software on a network, so long as your use complies with the terms of this Agreement. You may make a reasonable number of copies of the Licensed Materials for backup purposes, as long as each copy that you make (a) is an exact copy of the original and has not been altered in any way and (b) contains this Agreement and all copyright and other proprietary notices pertaining thereto. 1.3 Fees. 1.3.1 Licensed Materials. There is no charge for using the Licensed Materials. 1.3.2 ZixMail Service. Your use of the ZixMail Service is free until January 1, 2001, unless we advise you otherwise. Thereafter, for the Basic ZixMail Service, there will be a charge, paid annually, of $1.00 per month per email address, and for the Premium ZixMail Service, there will be a charge, paid annually, of $1.50 per month per email address. The HTTP/SMTP relay fees specified in subparagraph 1.3.4 below will also apply. For further information about the Basic ZixMail Service and the Premium ZixMail Service, visit our web site at "www.zixmail.com". You may obtain a subscription to either the Basic or Premium ZixMail Service for individual personal use or individual business use simply by paying the applicable fees. To obtain a company-wide subscription to either the Basic or Premium ZixMail Service for business use, contact us at the email address specified in subparagraph 10.4 below. 1.3.3 Secure Delivery Service. Your use of the Secure Delivery Service is free until January 1, 2001, unless we advise you otherwise, although we reserve the right to display advertisements to the recipients of your messages if you are a Basic ZixMail Service user. You may avoid having the recipients of your messages see advertisements by upgrading to Premium ZixMail Service user status or paying for use of the Secure Delivery Service. For further information about the Secure Delivery Service, visit our web site at "www.securedelivery.com" or contact us at the email address specified in subparagraph 10.4 below. 1.3.4 HTTP/SMTP Relay Fees. There will be a fee if you send your ZixMail messages through our HTTP/SMTP relay, rather than through a SMTP server of your choosing. There will be no fee if you send your ZixMail messages through the SMTP server of your choosing. To do so, you must specify the SMTP server name through the ZixMail program menu "Options" and "SMTP Settings." If you fail to provide a SMTP server name, then your ZixMail message will be routed through our HTTP/SMTP relay (WE CANNOT READ THE MESSAGE, INASMUCH AS IT IS ENCRYPTED), and you will be charged according to the following schedule: Compressed(1) Message Size (bytes) Cost Per Message 0 - 100,000 $0.01 100,001 - 200,000 $0.02 200,001 - 300,000 $0.03 300,001 - 400,000 $0.04 400,001 - 500,000 $0.05 500,001 - 750,000 $0.06 750,001 - 1,000,000 $0.07 1,000,001 - 1,500,000 $0.08 1,500,001 - 2,000,000 $0.09 2,000,001 - 3,000,000 $0.10 >3,000,000 $0.10 + $0.01 per million bytes or part thereof in excess of 3,000,000 (1) ZixMail messages are compressed using a "Zip" algorithm that yields approximately 4 to 1 compression ratios for word processing or spreadsheet files. As an example, a document containing 800,000 characters would compress to less than 200,000 characters, and therefore would cost $0.02. We reserve the right to refuse service if, in our sole opinion, you abuse or otherwise improperly use the ZixMail HTTP/SMTP relay. 1.3.5 Changes In Fees. We reserve the right to change the fees for using the Secure Messaging Services and the Licensed Materials from time-to-time. Your continued use of the Secure Messaging Services and the Licensed Materials after we advise you of the new fees will constitute your agreement to the new fees. If you do not agree with the new fees, your only remedy is to cease using the Secure Messaging Services and Licensed Materials, as applicable. 2. OWNERSHIP; PROPRIETARY RIGHTS. You have no ownership rights in the Licensed Materials. Rather, you have a license to use the Licensed Materials as permitted in this Agreement for as long as your rights in the Licensed Materials remain in full force and effect. Ownership of the Licensed Materials and the Secure Messaging Services and all intellectual property rights therein remain at all times with us. Any use of the Licensed Materials or the Secure Messaging Services by any person, business, corporation, government organization, or any other entity other than as permitted in this Agreement is strictly forbidden and is a violation of this Agreement. The Licensed Materials are not public domain materials. The Licensed Materials and the Secure Messaging Services contain material that is protected, as applicable, by U.S. copyright, patent, trade secret, trademark, service mark, and other laws and applicable international laws, treaties, and conventions. Other than as necessary to use the Licensed Materials and the Secure Messaging Services as permitted in this Agreement, we do not grant any express or implied right to you under our copyrights, patents, trade secrets, trademarks, service marks, or other rights. All rights not expressly granted to you herein are expressly reserved by us. 3. CONDUCT. You agree that: - You may not publish, display, disclose, rent, lease, modify, loan, distribute, or create derivative works based on the Licensed Materials or any part thereof. - You may not reverse engineer, decompile, translate, adapt, disassemble, or otherwise attempt to investigate the inner workings of the Software, except to the extent that this restriction is expressly prohibited by applicable law. - You may not sell or otherwise distribute the Licensed Materials or include the Licensed Materials with any product. - You may not use the Licensed Materials or Secure Messaging Services for unlawful purposes or in an unlawful manner. - You may not use the Licensed Materials or Secure Messaging Services for or in connection with the transmission of "chain letters," "junk mail," "spam," "viruses," or unsolicited distribution of email. - You may not remove any proprietary notices or labels from any copy of the Licensed Materials. - You may not attempt to hack into, infiltrate, or otherwise gain access into the Secure Messaging Services or our other computer systems. - You are solely responsible for maintaining the confidentiality of your "Signature Phrase(s)" or other non-public encryption codes, and you are solely and fully responsible for all activities that occur using your Signature Phrase(s), encryption codes, and email address(es). 4. MODIFICATION TO LICENSE TERMS AND CONDITIONS. We reserve the right to change the terms and conditions of this Agreement from time-to-time. Your continued use of any of the Licensed Materials or the Secure Messaging Services after you have been advised of the changes to the terms of this Agreement shall constitute your agreement to the changed terms and conditions. If you do not agree with the changed terms and conditions, your only remedy is to cease using the Secure Messaging Services and Licensed Materials, as applicable. 5. TERM AND TERMINATION. This Agreement, unless terminated earlier as provided in this Agreement, will continue indefinitely. You may terminate this Agreement at any time by destroying all copies of the Licensed Materials in your possession or under your control. We recommend that you also delete any public encryption codes from the ZixMail server. You agree that we may terminate this Agreement and your use of the Licensed Materials and Secure Messaging Services at any time and for no or any reason, including non-payment of the appropriate fees or if you have, or we believe you have, violated any term of this Agreement, or if the owner of the domain in which your email address resides requests that your use of the Secure Messaging Services and Licensed Materials be terminated. You agree that termination by us may be effected without prior notice to you. Upon notification of termination, you agree to destroy all copies of the Licensed Materials and to certify, if asked, in writing that all known copies, including backup copies, have been destroyed. 6. INDEMNITY. You agree to indemnify and hold us, our directors, employees, affiliates, agents, suppliers, and the like and their respective directors, employees, affiliates, agents, suppliers, and the like harmless against any claim or damages (including attorney fees, costs, damages, judgments, and expenses) based on your use of the Licensed Materials or the Secure Messaging Services or arising from your breach of this Agreement or arising from your violation of any rights of another. 7. PERSONAL INFORMATION. 7.1 Email Address. You provide your email address to us when registering to use the Secure Messaging Services. You agree that we may use the email address to communicate with you and to monitor compliance with the terms and conditions of this Agreement. You agree that we may from time-to-time send to your email address notice of, or change in, the availability of our various products and services. 7.2 Collection of Information. We collect, store, and process your email address using computer systems located in the United States, and may in the future use computer systems located in other countries for these purposes. You consent to the transfer of your email address from the country in which you were present at the time you provided such information to the U.S. or to any third country, and to the collection, storage, and processing of such information therein. 7.3 Encryption Codes. If you are using the Software and ZixMail Service pursuant to a license obtained by your employer or other owner of the domain in which your email address resides, your employer or other such owner has the right to request or require that a copy of your encryption codes for that email address, when created or changed, be automatically forwarded to them. We do not have a copy of your private encryption codes. 7.4 Recovery File Services. During the creation of, or change to, your encryption codes, you are given the opportunity to have us store an encrypted copy of your non-public encryption codes. This gives you the ability to recover your non-public encryption codes if you forget your signature phrase or if your computer hard drive crashes and you have not created a backup copy of your non-public encryption codes. Your non-public encryption codes are stored in a "recovery file" and are encrypted (so that we cannot read them) with an encryption key derived from a "recovery answer" you provide to a "recovery question/hint" of your choosing. We do not know or store the recovery answer. However, pursuant to subpoena or other legal process from a court or authority of competent jurisdiction, we might be required to deliver the encrypted recovery file to a third party. If this were to happen, it might be possible for the third party to guess or otherwise (e.g., via brute force attack) obtain the recovery answer, thus possibly exposing your private encryption codes. 7.5 Privacy Policy. You may review our privacy policy at our web site "www.zixmail.com". 8. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY. 8.1 DISCLAIMER OF WARRANTIES. YOU EXPRESSLY AGREE THAT USE OF THE LICENSED MATERIALS AND THE SECURE MESSAGING SERVICES IS AT YOUR SOLE RISK. THE ENTIRE RISK AS TO THE QUALITY, RESULTS, AND PERFORMANCE OF THE LICENSED MATERIALS AND THE SECURE MESSAGING SERVICES IS BORNE BY YOU. WHILE WE MIGHT PROVIDE ASSISTANCE, INCLUDING TECHNICAL OR CUSTOMER SUPPORT, IN THE USE OF THE LICENSED MATERIALS OR THE SECURE MESSAGING SERVICES, WE MAY CEASE DOING SO, IN OUR DISCRETION. NEITHER WE NOR OUR DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, SUPPLIERS, AND THE LIKE WARRANT THAT THE SOFTWARE OR SECURE MESSAGING SERVICES WILL BE ERROR FREE OR OPERATE IN AN UNINTERRUPTED FASHION, OR THAT ANY DEFECTS OR ERRORS IN THE LICENSED MATERIALS OR SECURE MESSAGING SERVICES WILL BE CORRECTED, OR THAT THE SOFTWARE OR SECURE MESSAGING SERVICES IS COMPATIBLE WITH ANY PARTICULAR HARDWARE OR SOFTWARE PLATFORM. YOU AGREE TO HOLD US AND THESE OTHER PERSONS HARMLESS AGAINST ANY CLAIM OR DAMAGES (INCLUDING, WITHOUT LIMITATION, ATTORNEY FEES, COSTS, DAMAGES, JUDGMENTS, AND EXPENSES) ARISING OUT OF ANY OF THE FOREGOING. THE LICENSED MATERIALS AND SECURE MESSAGING SERVICES ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES OF NON-INFRINGEMENT. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY US, OUR EMPLOYEES, AGENTS, SUPPLIERS, AND THE LIKE SHALL CREATE A WARRANTY; NOR SHALL YOU RELY ON ANY SUCH INFORMATION OR ADVICE. SOME JURISDICTIONS DO NOT ALLOW THE WAIVER OR EXCLUSION OF IMPLIED WARRANTIES, SO THEY MAY NOT APPLY TO YOU. 8.2 NO LIABILITY FOR DAMAGES. IN NO EVENT WILL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF (A) THIS AGREEMENT (INCLUDING THE USE OF OR INABILITY TO USE THE LICENSED MATERIALS OR SECURE MESSAGING SERVICES, OR THE INTERRUPTION, SUSPENSION, OR TERMINATION OF USE OF THE LICENSED MATERIALS OR SECURE MESSAGING SERVICES), OR (B) ANY CLAIM BY ANY OTHER PARTY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHERMORE, FOR SO LONG AS YOU ARE NOT PAYING US ANY FEES UNDER THIS AGREEMENT, THIS LIMITATION OF LIABILITY WILL APPLY TO DIRECT DAMAGES AS WELL. THIS LIMITATION OF LIABILITY APPLIES WHETHER ANY OF SUCH EVENTS WAS ADVERTENT OR INADVERTENT, INTENTIONAL OR UNINTENTIONAL, JUSTIFIED OR NOT, NEGLIGENT OR GROSSLY NEGLIGENT, OR BROUGHT UNDER A CAUSE OF ACTION IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. 8.3 LIMITATION OF LIABILITY. IN ADDITION TO THE FOREGOING, OUR AGGREGATE LIABILITY WITH RESPECT TO OUR OBLIGATIONS UNDER THIS AGREEMENT, WHETHER SUCH CLAIM IS BROUGHT UNDER A CAUSE OF ACTION IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, SHALL NOT EXCEED THE AMOUNTS YOU ACTUALLY PAID TO US UNDER THIS AGREEMENT. 8.4 NO REPRESENTATIONS OR WARRANTIES. WE MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS, IMPLIED, OR OTHERWISE, ABOUT THE IDENTITY OR ANY ATTRIBUTE OR CHARACTERISTIC OF ANY PERSON TO WHOM YOU SEND, OR FROM WHOM YOU RECEIVE, MESSAGES USING THE SOFTWARE AND THE SECURE MESSAGING SERVICES. YOU ARE SOLELY RESPONSIBLE FOR VERIFYING THE IDENTITY OF, OR ANY ATTRIBUTE OR CHARACTERISTIC OF, ANY PERSON TO, OR FROM, WHOM YOU SEND OR RECEIVE MESSAGES USING THE SOFTWARE AND THE SECURE MESSAGING SERVICES. WE DISCLAIM ALL LIABILITY FOR ANY ACTION THAT YOU, YOUR DESIGNEE, OR YOUR AGENTS MIGHT TAKE IN CONNECTION WITH, OR IN RELIANCE UPON, THE TRANSMISSION OR RECEIPT OF ANY MESSAGE USING THE SOFTWARE AND THE SECURE MESSAGING SERVICES. 9. EXPORT RESTRICTIONS; COMPLIANCE WITH LAWS. The Licensed Materials contain encryption technology that is controlled for export by the U.S. Government. The Licensed Materials may not be electronically transmitted or otherwise exported or re-exported to certain foreign countries and to certain foreign nationals. Under U.S. law, you may not export, re-export, or download the Licensed Materials or information about the Licensed Materials (a) into (or to a national or resident of) Cuba, Iran, Iraq, Libya, North Korea, Serbia (except Kosovo), Sudan, Syria, and the Taliban-controlled areas of Afghanistan, and other countries listed on our web site from time-to-time), (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Denial Orders or Entity List, or (c) to any individual or country prohibited by any U.S. rule or regulation. The Licensed Materials may also be subject to import and/or use regulations in foreign jurisdictions. You are responsible for ensuring compliance with all foreign regulations and U.S. Government restrictions on re-export to prohibited destinations and individuals. By using the Licensed Materials, you are agreeing to the foregoing and are representing and warranting that you are not located in or under the control of a national or resident of any such country or on any such list. Also, by using the Licensed Materials, you are agreeing to comply with all applicable export laws, regulations, orders, or other restrictions. We reserve the right, and intend, to comply with all applicable laws and valid legal processes. 10. GENERAL. 10.1 Governing Law; Forum. This Agreement shall be construed, interpreted, and governed by the laws of the State of Texas (without regard to the conflicts of law provisions thereof) and applicable U.S. federal law. The exclusive forum for any claims brought by you arising out of or relating to this Agreement shall be an appropriate federal or state court sitting in the county of Dallas, State of Texas, USA. You hereby consent to the personal jurisdiction of such courts for any such dispute. We reserve the right to bring court actions in any court of competent jurisdiction to enforce our rights under this Agreement. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. 10.2 Entire Agreement; Waiver. This Agreement shall constitute the entire agreement between the parties hereto. Any waiver or modification of this Agreement shall only be effective as provided in this Agreement or after signature by the party sought to be bound by the waiver or modification. Our failure to exercise any of our rights or remedies hereunder or enforce any provision hereof shall not act as a waiver of any such right, remedy, or provision. 10.3 Severability; Limitation on Claims. If any part of this Agreement is found invalid or unenforceable by a court of competent jurisdiction, that portion shall be construed consistent with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of this Agreement shall remain in full force and effect. You agree that regardless of any law or regulation to the contrary, any claim by you arising out of or related to the use of the Licensed Materials or the Secure Messaging Services must be filed within two years after such claim or cause of action arose or be forever barred. 10.4 Contact Us; Notices. If you desire to obtain a company-wide subscription to the Basic or Premium ZixMail Services for business use, contact us via email at "sales@zixit.com". If you have questions or require technical support, see our Help Pages at "www.zixmail.com". For further information about the Basic ZixMail Service, the Premium ZixMail Service, or the Secure Delivery Service, see our web site at "www.zixmail.com". All official communications to us hereunder shall be in writing and addressed to us at 2711 North Haskell Avenue, Suite 2300, LB 36, Dallas, Texas, 75204-2910, Attention: Legal Department (or such other address as we may advise you of from time-to-time), and shall be deemed given when delivered. Any notices to you may be given via email and shall be deemed given when sent by us to your email address via the ZixMail Service or the Secure Delivery Service or regular email. 10.5 Copyright. Software copyright (c) 1999-2000 ZixIt.com, Inc. All rights reserved. "ZixMail" is our trademark/service mark. You agree not to challenge the validity of, adopt, or register or attempt to register with any domestic or foreign government, quasi-governmental authority, or domain name registrar, the marks "ZixMail," "ZixCharge," "ZixIt," "Zix," "SecureDelivery," or any confusingly similar or derogatory derivation thereof as a trademark, service mark, Internet domain name, trade name, or similar item. 10.6 Headings; Other. The headings in this Agreement are for the convenience of reference only and have no legal or contractual effect. The words "include" and "including" will not be limiting. 10.7 Assignment; Survival. You may not assign this Agreement or delegate your rights or obligations under this Agreement, in whole or in part, and any such attempted assignment or delegation will be void. The provisions of paragraphs 2 and 5 through 10 will survive the termination of this Agreement. We may assign our rights, or delegate our obligations, under this Agreement as we deem appropriate. 10.8 Canadian Residents. If you obtained the Software in Canada, then you agree to the following: The parties hereto have expressly required that the present Agreement be drawn up in the English language. / Les parties aux presentes ont expressement exige que la presente convention et ses Annexes soient redigees en langue anglaise. 10.9 Acknowledgements. The Software incorporates compression code by the Info-ZIP group. There are no extra charges or costs due to the use of this code, and the original compression sources are freely available from CompuServe in the IBMPRO forum and by anonymous ftp from the web site "ftp.uu.net/pub/archiving/zip". We will also, upon request, mail you the full sources to the compression code that we use on a 3.5" MSDOS-format diskette (or other appropriate medium) for the cost of mailing. Send $2.00 to us at the address noted in subparagraph 10.4, Attention: Legal Department, and reference "request for Info-ZIP source code." Hash functions used in the Software are derived from the RSA Data Security, Inc. MD-5 Message-Digest Algorithm. The Software incorporates spell checking code from The Sentry Spelling-Checker Engine, copyright (c) 1999 WintertreeSoftware, Inc. All rights reserved. 10.10 U.S. Government: Restricted Rights. The Licensed Materials are provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the U.S. Government is subject to restrictions: if supplied to the Department of Defense, the Licensed Materials are "Commercial Computer Software"; if the Licensed Materials are supplied to any other government unit or agency, the government's rights in the Licensed Materials are defined in Clause 52.227-19(c)(2) of the FAR; but if the Licensed Materials are supplied to NASA, the government's rights are defined in Clause 1852.227-86(d) of the NASA supplement of the FAR. The manufacturer of the Licensed Materials is ZixIt.com, Inc., 2711 North Haskell Avenue, Suite 2300, LB 36, Dallas, Texas 75204-2910. 10.11 Force Majeure. Except for payments due hereunder, either party shall be relieved of its obligations hereunder to the extent that performance is delayed or prevented by any cause reasonably beyond its control, including acts of God, public enemies, war, civil disorder, fire, flood, explosion, labor disputes or strikes, or any acts or orders of any governmental authority, inability to obtain supplies and materials, failure of communications or electrical service, or any delay or deficiency caused by the electrical or telephone line suppliers or other third parties. 10.12 Injunctive Relief; Remedies. You acknowledge a violation of this Agreement could cause irreparable harm to us for which monetary damages may be difficult to ascertain or may be an inadequate remedy. You, therefore, agree that we will have the right, in addition to our other rights and remedies at law or in equity, to seek preliminary injunctions unilaterally without notice and final injunctions with notice, enjoining and restraining any violation, or threatened or intended violation, of this Agreement. Except where otherwise specified, the rights and remedies granted to us under this Agreement are cumulative and in addition to, and not in lieu of, any other rights or remedies that we may possess at law or in equity.