Enlighten technologies, inc. EULA

(End User License Agreement)

THANK YOU for choosing a product of enlighten technologies, inc.!


PRODUCT AND LICENSE SPECIAL NOTE: The specific products, subject to this Agreement, including SecureClientFile.com, Secureclientfile.com, Onlineinsurane.com, Lawsonline.com, Lawchek.com, and Lawyerslistings.com are products owned and licensed (not sold) by and through enlighten technologies, inc. (hereinafter referred to enlighten®). Any and all use of the products listed and/or any other products, modifications, updates, and/or licensed applications of the products of enlighten®, are understood by the USER to be transacted through this End User License Agreement (EULA) and are subject to the terms and conditions of this Agreement. By virtue of any installation, accessing, use, and permitted copying under the terms of this Agreement, the USER agrees to be bound by the terms of this Agreement and represents that the entire Agreement has been read, examined, understood, and accepted by said USER through either a written acknowledgment (contract and/or order) or by checking the “Accept” box at the end of this Notice. The Licensor, enlighten®, reserves all rights not expressly granted to USER and it is expressly understood by the USER that this Agreement is a Software as a Service (SaaS) agreement, the use of which is accessible through various internet browsers and accordingly all right, title, and interest in the methodology, engineering, architecture, formatting, vault design, fluid video, video configurations, file configurations, file collaboration/editing process, and unique features, (e.g. “push-to-talk,” “jump-in” application, video-document marriage, access system points, and presentations) are the property of enlighten technologies, inc.

LIMITED LICENSE USAGE: enlighten® grants to the USER a revocable, non-exclusive, non-transferable, limited membership to use various products, including: the Legalconference Web Application enumerated services, the Secureclientfile Web Application enumerated services, and the related products identified in the preceding paragraph and in the body of this Agreement. This web application service will allow the USER to upload electronic data, store electronic data, transfer data between two or more computers and provide unlimited peer to peer videoconferencing for up to 8 devices (or more by special agreement) connected to the internet in a secure file sharing environment. This web application service, also known as a SaaS, is hosted on the SecureClientFile.com and Secureclientfile.com servers; and while only enlighten® has access to individual account holder information that is required in order to provide backup protection and to extend the life of the data stored on the servers, enlighten® does not access attorney or client information, documents, data, or records that are placed on the servers and will not do so without expressed written permission from the USER who deposited the records or as a result of an appropriate court order from a court of recognized and competent jurisdiction.

ACCESS AND USE OF DATA: NO DATA STORED ON THE SERVERS OR VAULT PLATFORM OPERATED BY enlighten technologies, inc. IS SHARED BY enlighten® WITH ANY THIRD PARTY; THEREFORE, NO THIRD PARTY IS PERMITTED ACCESS TO DATA INSERTED INTO THE SECURE VAULT PLATFORM BY THE USER UNLESS THE USER VOLUNTARILY CHOOSES TO ALLOW A THIRD PARTY (e.g. client, court, expert, other attorneys, etc.) ACCESS TO THE USER’S FILES.

It is the complete intention of enlighten® to allow ONLY the USER and designated parties of and by the USER to have access to any and all information, documents, data, and records or any kind that the USER has placed into the enlighten® or LegalconferenceTM or SecureclientfileTM vault platforms. Additionally, enlighten® does NOT “mine” any of the USER’S content, does NOT market to any Third Party the identity or content of User, and does NOT allow any Third Party access to the USER’S information, documents, data, records, or content. NO content placed into the enlighten® secure vault platform by a USER is owned by enlighten® and enlighten® will make no claim of ownership in such content. It is the intent and expectation of enlighten® that none of the material (information, documents, data, or records) placed into the secure vault platform operated by and through enlighten® will be allowed to be accessed by any Third Party through enlighten® without the expressed written consent or invitation of/by the USER or by virtue of a COURT ORDER entered on behalf of a court of competent and recognized jurisdiction.

A. DEFINITION OF TERMS AND USE OF LICENSE: 1. Authorized User: An Authorized User is any party (generally, a judge, an attorney, an expert, a court reporter, a federal or state employee, bank employees, insurance company employees, accountants, or others within the legal community) who has subscribed to any of the on line services that are provided directly through enlighten® or its subsidiaries, including: www.SecureClientFile.com; www.secureclientfile.com; www.onlineinsurance.com; www.lawsonline.com; www.lawchek.com; and/or www.lawyerslistings.com


2. EULA: EULA represents this End User License Agreement that licenses the software use that is purchased through enlighten technologies, inc. or any of its subsidiaries as identified in this Agreement and that is made available through on-line access wherein Software as a Service is provided pursuant to this Agreement.


3. SaaS: SaaS represents Software as a Service and as such is a software application that is utilized through an electronic devise that is capable of processing data (personal computers, laptops, desktops, workstations, certain servers, including mail and print servers, gateway devices, SANS [Storage Area Network Servers], portable work stations, tables, telecommunication devices, and other electronic devices) by virtue of access to the internet through web browsers (e.g. Chrome, Firefox, Edge, Explorer, Safari with Bowser, and Opera), etc.


4. Protected Software: The software designed and utilized by and through enlighten® and its subsidiaries, as identified in this Agreement, is intended to encompass each and every software program deployed through an object code format that is protected as an intellectual property by enlighten® and delivered to the USER as a result of the purchase of this License Agreement.


5. Trade Secrets: The application of the software designed and utilized by and through enlighten® and its subsidiaries, as identified in this Agreement is integrated into a telecommunications vault platform that employs and deploys a specific configuration of routers, switches, and servers through a unique encryption process that enables all video and documents that access, integrate through, and exit the vault platform are processed through a series of trade secrets that are owned by enlighten®.


6. Encryption: The encryption process developed by enlighten® has many unique features and due to specific trade secrets, the messages, video, data, and information that is placed into the vault platform undergoes an encryption process both entering and exiting the platform; therefore, the information that a USER places into the vault platform is protected from access by third parties.


7. Document: Any form of instrument (Word, PDF, TIF, GIF, Excel, Power Point, etc.) that conveys information which is intended to provide substance to an intended reader; and as such, virtually every form of such document is transferable through the enlighten® vault platform through a uniquely protected and secure process where any such document is encrypted on the transfer into and from the enlighten® vault platform.


8. Storage: The retention of a document or documents that may be placed for safe keeping into the enlighten® vault platform for immediate or subsequent review by the party inserting the document and/or the specific designee of the party who inserted the document into the storage or document retention portion of the enlighten® secure vault platform may be either retained in storage or dissolved at the end of any given conference. NOTE: Any and all documents placed into the enlighten® secure vault platform will be dissolved UNLESS the USER (individual who places the document into the vault platform) specifically requests that the documents be retained for retrieval.


9. Retrieval: Documents may be retrieved from the enlighten® secure vault platform if and when the USER specifically designates a particular document for retention and retrieval. The integrated default within the vault platform automatically dissolves all documents after a given conference concludes UNLESS the USER specifically designates to the vault platform the desire to retain the document place into the vault platform.


10. Collaboration: All documents placed into the enlighten® secure vault platform by a subscribed USER may be reviewed/shared/edited (particular documents only) by any party who the USER specifically allows access to the vault for the purpose of reviewing a given document; and the USER must specifically designate the document chosen for a “share” application; plus, it is noteworthy that when such “share” is designated through the enlighten® vault platform, it is not necessary for any invitee of the USER to have any special software in order to access the designated document.


11. Editing: Certain documents placed into the enlighten® secure vault platform by the USER may be edited by any party invited into the collaboration conference, subject to a “hand off” by the USER, that allows the invited party to also edit. Multiple edits are permitted and in some particular cases, as requested by the USER, multiple edits may occur simultaneously. Color coding and color shading of edits is also permitted. Edits may be saved or deleted and a chronology of the document as edits have occurred may be accessed in order to review earlier renditions of a given document.


12. Document Dissolution: Documents are dissolved at the conclusion of each session of collaboration UNLESS THE USER, as the control party to the conference, decides to save the document and have the document archived. Any and all documents may be archived for specific rules relative to compliance and storage that a given USER may be required to provide; however, the USER MUST DESIGNATE the documents that are to be placed in storage and/or archived.


13. Video: Multifaceted video options are readily available for any and every conference that a USER decides to engage through the enlighten® secure vault platform. Video collaboration generally allows up to eight individuals to engage in a conference at any given time; however, webinar applications that allow for over one hundred participants are available with the same multiple features of collaboration. The standard (non-webinar) video allows for up to eight individuals at once with multiple screen selections of two, four, and five shown participants with other participants permitted to “jump in” as needed during the same video conference. The video application integrated into the enlighten® secure vault is available along with audio and texting applications whether a decision is made to use video or not. Collaboration of documents may occur with or without video being used. The video application also provides for “deposition mode” and full screen use.


14. Devices: Virtually any electronic devise, including desk tops, lap tops, server stations, tables, phones, etc. may be used for document collaboration and most video through the enlighten® secure vault platform.


15. Software: The USER and any invited third party of the USER does not need to download any software in order to use the enlighten® secure vault platform. All software that is unique and properly protected by enlighten® as a form of intellectual property is integrated into the secure vault platform that operates at telecommunication bunkers as directed by enlighten®. A USER and any third party invitee of a licensed USER is granted access through a controlled and secure web site owned by enlighten® that is accessed through a typical web browser.


16. Subsidiary: Various subsidiaries, wholly owned entities of enlighten® provide portions of the secure vault platform and those entities are: www.esdn.com; www.SecureClientFile.com; www.secureclientfile.com; www.lawchek.com; www.lawsonline.com; www.lawyerslistings.com, and www.onlineinsurance.com.


17. Support: Product support is available normally from 8:00 am, Central Time until 5:00 pm Central Time; however, product support may also be accessed either through the main web site (www.enlightentech.net) 24/7 or at 1-800-529-5121


18. Update & Upgrade: All updates and upgrades that occur routinely are automatically provided within the secure vault platform and accordingly, are immediately available to all licensed USERS as the updates and upgrades occur.


19. License: This License is granted to User for the period of one year unless the License Application and/or a specific and signed License Agreement between enlighten® and USER is for a specific period beyond one year; and, regardless of whether a specific License Agreement is signed or not signed, this EULA shall apply and control the use of the enlighten® product and/or the products of any enumerated subsidiaries, as well as, enlighten® in its relationship with USER. This License is conditioned upon compliance of the terms of this Agreement by USER and USER understands that this License Agreement grants a limited nonexclusive and nontransferable license to use the various software applications set forth in this Agreement. This License does not permit USER to utilize this License on any devise that USER does not own or any devise that is not owned by a specific INVITEE of USER. USER does not own or control this LICENSE and may not transfer, lease, lend, rent, sell, redistribute or sublicense this LICENSE. USER may not copy, reverse engineer, attempt to decipher any source codes, duplicate or create any derivative works of any of the products protected by virtue of this License Agreement and the same shall apply to any upgrades or updates provided by enlighten® or its subsidiaries to the products covered by this License Agreement. USER understand and agrees that the services provided by enlighten® and its subsidiaries contain certain proprietary content and material that is protected by applicable intellectual property and other laws, including but not limited to copyrights and trade secrets that USER will not use in any way except as permitted by this License Agreement. USER agrees that this License Agreement covers certain commercial items as defined at 48 C.F.R. §2.101 including commercial computer software and commercial computer software documentation per 48 C.F.R. §12.212 and §227.7202-4, as deemed appropriate with any unpublished rights reserved under the copyright laws of the United States. It is understood that any attempt to do so, constitutes a violation of the rights of enlighten® and/or its subsidiaries; and any violation of those rights may result in appropriate action by enlighten® to protect its rights, including appropriate damages as may be awarded by a court of law.


20. Copy/Duplication: USER understands that nothing contained within this Agreement grants any right, title, or interest to USER to copy, decompile, reverse engineer, decrypt, or otherwise replicate or reduce the software or trade secrets of enlighten® to readable form or to otherwise attempt to redesign, replicate, copy or make available in any format the software and trade secrets covered by this License Agreement.


21. Browsers: The enlighten® secure vault platform of video coupled with full document collaborations, including an editing function, (also delivered through enlighten® subsidiaries) is capable of operating on virtually every known browser. Safari users through certain iphones may be required to use a third party application (e.g. Puffin); however, most browsers will function with the enlighten® secure vault platform without the use of special download requirements.


22. Platforms: Nearly all computing platforms, regardless of pre-existing software or codes that are utilized should function through the enlighten® secure vault platform. Most hardware architectures and operating systems should function through the enlighten® secure vault platform regardless of which device (phone, tablet, laptop, desktop, configured system, etc.) is being used, providing the devise being used is newer than five years old and does not have a proprietary system downloaded upon it that prevents a devise application (e.g. camera, audio system, etc.) from deploying or engaging in interactivity through the internet.


23. Push-to-TalkTM: The Push-to-TalkTM feature of the enlighten® product line, particularly in regard to all video applications is unique to enlighten® and its subsidiaries. This unique feature allows a video conference to include multiple parties beyond those actually displayed on the screen (monitor) to participate in a video conference where each participant to the conference may appear on the displayed screen by activating the “Push-to-Talk” feature while another participant to the conference is “bumped” from the visual portion while remaining actively a part of the conference.


24. “Quick Pass:” The “Quick PassTM” feature is unique to enlighten® and its subsidiaries and is a part of the protected intellectual property aspects of the product line. The “Quick Pass” enables the USER to allow any party across the globe to immediately access a video room and/or a document for collaboration by allowing an invited guest of the USER to go to an enlighten® product (e.g. www.SecureClientFile.com) and insert the designated “Quick Pass” for immediate and secure access to the video and/or document collaboration room.


25. “Jump In” and Hand Raise: The “Jump In” feature is also unique to the video conferencing of enlighten® and its subsidiaries as this feature allows a participant to a video conference who is not actively shown on the screen (monitor) to “Jump In” the conference as an active participant. This allows for the video conference to engage many participants beyond screen space and/or in the case of a webinar for over one hundred participants to become active in the conference and as permitted by the host to the conference. For example, during a webinar a participant may place their cursor over the special “hand” icon and the host will be able to see from the attendance list the identity of the party with the question. At that point the host may or may not acknowledge and allow the party with the question (and the raised “hand”) to address the conference.


26. Attendance List and Calendar: Every video conference and webinar provided by enlighten® and its subsidiaries displays an attendance list of the participants to the conference regardless of whether an attendee is displaying a video stream or simply participating by audio only. The Calendar feature displays to the host the lists of meetings, meeting invites sent to participants by the host, and other information that the host deems important for calendar recognition; and such features permit a question to be addressed for the HOST/USER that will indicate a particular colored check mark to the HOST/USER that a particular file has a notation that should be addressed.


27. User and Editor Logs: The host of an enlighten® (and subsidiaries) conference has access to a User Log that records and maintains a list of all participants to a given video or non-video conference with a date and time stamp for later access. The host of an enlighten® (and subsidiaries) conference also has access to a Editing Log that records and maintains a list of edits to a given document by any participant. This log is dated and time stamped for recordation processes.


28. File/Sub-File: Each File created by USER is capable of including multiple sub-files thereby allowing a given Host (USER) to create “trees” of subfolders for any folder that may be selected for a given purpose (e.g. correspondence, pleadings, discovery, court orders, depositions, experts, intake, client data, exhibits, etc.)


29. Public/Private Notice (Specific File Check Mark): The HOST/USER has the option of making any document in any given selected file folder to be designated “private” for USER/HOST “eyes only” or “public” which allows the document to be viewed by the HOST/USER along with the invited attendees/guests of the HOST/USER.


30. Agreement Term: The term of this Agreement is for a period of twelve months with either a monthly renewal in the event of a monthly payment agreement or for an annual renewal in the event of a yearly payment agreement. Longer terms and payment options are available by special agreement and as evidenced by a signed agreement between enlighten® and the USER.


31. Non-Assignment: USER is not permitted to assign any portion of this Agreement or the usage of the enlighten® (or subsidiary) products to any party for any reason.


32. Termination: A USER may terminate this Agreement at the end of the agreed payment term (monthly or annually); and enlighten® may terminate this Agreement for any violation of any of the terms set for within this Agreement, including any violation of the contract terms and/or any violation of any laws of the United States of America. Any and all confidential obligations, restrictions, and limitations, including limitations upon warranties, use, duplication, non assignment, and other rights delineated for enlighten® and as set forth in this Agreement and imposed upon USER shall survive the termination of this Agreement.


33. Disclaimer: Except as specifically set forth in this Agreement, all expressed and/or implied warranties, representations, or conditions, including fitness for a particular use/purpose, and/or merchantability are understood to be totally excluded.


34. Warranty: USER’s license to use the software of enlighten® (and its subsidiaries) is limited to the USER and the invitees of USER to video conferences and/or document share under this Agreement and accordingly the use of the enlighten® product is limited to only the representations of warranty contained in this Agreement and such warranties include the fact that the video applications, the webinar applications, and the document storage, permitted collaboration, retrieval, and access are provided ONLY to a licensed USER and that USER’s designated conference participants under the enlighten® (and subsidiaries) processes licensed by this Agreement. It is further represented that enlighten® (and subsidiaries) do not permit access to any documents placed within the secure vault platform except as specifically allowed by USER, including USER’s designated parties through USER’s use of the secure vault platform. enlighten® does not “mine” or resell, or allow nor will it allow access to documents placed into the secure vault platform unless expressly permitted by USER in writing or unless enlighten® is ordered to release any documents by virtue of a court order executed by a court of competent jurisdiction within the United States of America. Additionally, any documents placed by USER into the secure vault platform will be placed and stored through an encryption process into servers at a secure telecommunications bunker that has been certified for security measures that are ISO compliant. enlighten® further represents that its proprietary designed software and trade secrets are ultimately expected to fulfill ISMS (information security management System) compliance under ISO-27001, SOC2 Shared Assessment AUP and Fed RAMP that are expected to include all legal, physical, and technical controls relative to risk management.


35. Scope of License: The scope of license for any enlighten® or subsidiary product is conditioned upon compliance with the terms and conditions of this Agreement wherein, enlighten® grants a nonexclusive and nontransferable license to USER for the agreed business purposes of USER through the aspects of this Agreement, all subject to the stated limitations and agreed usage to USER by enlighten® access to the enlighten® secure vault platform.


36. Consent to Use: USER agrees and understands that the USER’s use of any and all aspects of the enlighten® secure vault platform is by virtue of the limited consent of enlighten® to USER as set forth in this Agreement.


37. Services: The Licensed Application governed by this Agreement to USER may enable the USER to allow the invited third parties subject to this Agreement and through such usage, certain third party services provided through the licensed enlighten® product may involve certain third parties such as browsers, internet sites, and systems to be accessed, and accordingly, enlighten® makes no warranty of any sort relative to the use of any third party services.


38. Levels of Use: Through the licensing permitted by this Agreement, various services contracted and purchased by USER are expected to be governed by one of the following purchased applications by USER from enlighten:® The following details provide the suggested pricing for each level which are:


(b) The Advanced: This level of usage casts approximately $58/mo or $700 annually and includes all of the features of the Basic offering along with a Full Lobby that allows the USER to deploy 100 separate client files. This level also includes a Calendar, a Attendance Tab, File Selection Tab, and additional USER options.
(c) The Enterprise Solution: This level of usage includes all of the features of the Advanced platform noted at (b) above, along with sub-Administrative capabilities, large law firm usage of over 1000 independent file folders, up to 120 independent video USER seats, the capacity to either dissolve or store files, and unlimited webinar use. The suggested price point for this level is $2400 per/month or $28,800 annually.
(d) The Private Label: This level of usage includes all of the features identified in items a, b, and c above, as well as, the separate installation of the entire enlighten® secure vault platform at a communication bunker of the USER’S Choosing with the routers, switches, and servers contained within a special rack of dedicated service for which the keys of operation are delivered to the USER’s firm so that complete control of the enlighten® secure vault platform for the USER’s firm is both dedicated and unique to the USER’s firm. The minimum contract term for this service is three years and the typical cost is $45,000 per month or $540,000 annually.
B. VIDEO ASPECTS: Certain video aspects and applications are packaged as a part of the product provided to USER by enlighten® and its subsidiaries. The video aspects and applications are a part of the secure vault platform uniquely designed and bundled with secure document collaboration, all through a uniquely designed and protected process made possible by virtue of specifically designed software and trade secrets that are protected as intellectual property owned by enlighten®. It is understood by USER that in some instances a USER may desire exclusively the Secure Document File package; however, the video aspects and applications are integrated into the bundled offering and the unique architecture deployed by and through the enlighten® secure vault platform; therefore, the USER will, accordingly have access to the video aspects and applications without any special charges.
C. DOCUMENT TRANSFERS/RETRIEVAL/DISSOLUTION/STORAGE: Documents of virtually every kind and type may be transferred to and from the enlighten® secure vault platform with the expectation of full security being deployed since documents are encrypted going into and being retrieved from the secure vault platform. Documents placed into the secure vault platform may be dissolved at the conclusion of a meeting or with specific instructions by the USER to the secure vault platform by virtue of an integrated software program, documents may be retained and stored (usually for the purpose of fulfilling legal requirements for specific retention). Collaboration and editing of appropriate documents are also enabled under the specifically designed software programs integrated into the secure vault platform. Under no circumstances does enlighten® or its subsidiaries permit any access to documents placed into the secure vault platform or allow any data or documents to be accessed by any third party nor does enlighten® or its subsidiaries allow any third parties to “mine” data or documents placed into the secure vault platform. The only circumstances that would allow enlighten® or its subsidiaries to access any data or documents placed into the secure vault platform would be in the event the USER would provide written permission to allow such access or if a court of competent jurisdiction within the United States of America were to enter an order mandating such access.
D. PRODUCT SUPPORT: Product support for the entire enlighten® secure vault platform is available 24 hours per day and every day. No expansion of this Agreement is permitted through any product support call or electronic communication.
E. PROPRIETARY SOFTWARE: The software used to operate the enlighten® secure vault platform is proprietary and is appropriately protected. Unauthorized use is prohibited.
F. TERM: The term of this Agreement shall be monthly or yearly for either the Basic or the Advanced use of the secure vault platform provided by enlighten® or its subsidiaries in accordance with Paragraph A (37)(a) and Paragraph A (37)(b) set forth above; however, a renewal of a like term may be initiated by the USER on either a monthly or a yearly renewal. If such renewal shall occur, the same conditions of this Agreement shall apply for the renewal term. If the Enterprise Solution under Paragraph A (37)(c) or if the Private Label Solution under Paragraph A (37)(d) has been selected by a USER the term of this Agreement shall be for a period of three years, subject to renewal under the terms and conditions of this Agreement and any additional Agreement by and between the USER and enlighten® or a subsidiary of enlighten.®
G. TERMINATION: Termination under this Agreement shall be in writing by either the USER to enlighten® or by enlighten® to the USER with the reason(s) for the termination set forth; otherwise, an automatic renewal of this Agreement shall occur under the same terms and conditions as set forth in this Agreement and any additional specific Agreement between the USER and enlighten.® Reasons for termination shall include failure to perform, failure of payment, insolvency, bankruptcy, or death of an individual USER who is licensed under Paragraph A (37)(a) or Paragraph A (37)(b).
H. FEDERAL REGULATIONS: Certain federal regulations may apply to this Agreement and those regulations shall apply to the parties to this Agreement so long as a party to this Agreement is bound to comply with such regulations.
I. REGULATORY COMPLIANCE/CERTIFICATION: It is the intention of enlighten® and its subsidiaries to migrate to regulatory compliance under ISO-27001, SOC2, Shared Assessment AUP, and FedRAMP; however, it is understood that there is no legal obligation and no obligation under this Agreement for either enlighten® or its subsidiaries to do so.
J. PROPRIETARY NOTICES: User agrees to maintain and reproduce any and all copyright, proprietary, trade secret, and other notices on any and all copies, in any form of any software permitted by enlighten® to be used only at USER’s location(s); and that USER will not make any copies or duplicates of any software of enlighten® or its subsidiaries.
K. TRADEMARKS, COPYRIGHTS, AND TRADE SECRETS: The trademarks, Copyrights, and Trade Secrets that are utilized by virtue of this Agreement are the sole property of enlighten® and its subsidiaries and nothing in this Agreement grants any right title or interest to the USER or any third party any interest in the Trademarks, Copyrights, and Trade Secrets which are the acknowledged property of enlighten.®
L. LIMITED WARRANTY AND RESTRICTIONS: In addition to the limitations set forth under Paragraph A (33) of this Agreement, enlighten® and its subsidiaries limit any and all warranties to only to the software provided to USER to be suitable for only the purposes for which the software is provided through access permitted and limited to the web sites owned and operated by enlighten® and its subsidiaries in regard to the uses represented through this Agreement, and in no case does enlighten® and/or its subsidiaries warrant that any video or document collaboration will perform any functions beyond the scope of the functions delineated by and through this Agreement. Accordingly, the extent of any warranty rests with the replacement of any software product by enlighten® and its subsidiaries during the term of this Agreement or any specific Agreement between enlighten® and the USER.
M. DISCLAIMER OF LIABILITIES: To whatever extent not prohibited by law, in no event shall enlighten,® or any of its subsidiaries, its officers, employees, board members, shareholders, or heirs/assigns be liable for any personal injury, or any act whatsoever, whether incidental, indirect, consequential, or otherwise; and, without limitation, enlighten,® and/or any of its subsidiaries, its officers, employees, board members, shareholders, or heirs/assigns shall not be responsible for damages, any loss of profits, loss of data, loss of business interruption or any other commercial loss arising out of any and all matters that are related to the USER’s use or the USER’s invitee’s use of any licensed application provided as a service or otherwise under this Agreement; and this understanding on non-liability shall apply relative to any potential or plausible claim for damages, especially and particularly to any third party’s involvement.
N. JURISDICTION: In regard to jurisdiction, the laws of the United States of America shall apply and any non-federal or non-international jurisdictional issues shall be subject to the laws of the State of Iowa. This SaaS is intended to meet the confidentiality standards required relative to the ethical file requirements to which the legal community is bound to follow and that relate to file access, storage, and retrieval. In the event of non-payment by USER, stored files may be retrieved by virtue of an appropriate court order.