Standard Terms and Conditions
Platform as a Service

Section 11.2 of these Standard Terms and Conditions for Platform as a Service (the “Terms and Conditions” and collectively with the Order Form, the other Supplemental Terms, and any other schedules, exhibits or appendices referenced in the Supplemental Terms, this “Agreement”) contains a mandatory arbitration of disputes provision that requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions.

1. Definitions
For purposes of this Agreement, the following terms shall have the following meanings:
2. Grant of license; Restrictions
3. Hosting & Support Services
4. Fees and Payment
5. Proprietary rights
As between BAO Systems and Customer, BAO Systems and its licensors own and shall retain all right, title and interest, including, without limitation, all intellectual property rights, in and to the Licensed Software and the Platform Services and any portions thereof, including, without limitation, any copy or Derivative Work of the Licensed Software or Platform Services (or any portion thereof) and any Updates thereto. Customer shall have only those rights in and to the Licensed Software and Platform Services and any Derivative Work or Update thereto as are expressly granted to it under this Agreement. To the extent that Customer provides to BAO Systems any suggestions, requests, recommendations and other feedback concerning the functionality and use of the Platform Services, the Licensed Software, or any other product or service of BAO Systems (collectively, “Feedback”), Customer hereby assigns all right, title, and interest to such Feedback to BAO Systems.
6. Confidential information
7. Representations and warranties
8. Indemnification
Customer shall indemnify, defend, and hold harmless BAO Systems from and against any and all claims, damages, costs, expenses (including attorney’s fees and court costs), and liabilities (including settlements) brought or asserted by any third party against BAO Systems related to, resulting from, or arising out of: (a) BAO Systems’ hosting of the Customer Software or Customer Materials; (b) any violation by Customer of any applicable laws (including national, international, federal, provincial, state or common laws) or regulations concerning publicity, data security, or privacy; or (c) the purchase or naming of any web domain by BAO Systems on Customer’s behalf.
9. Limitation of liability
10. Term and termination
11. General