This Order Form is entered into by and between Yombu, Inc. with offices at 1751 Pinnacle Dr., #600, McLean, Virginia 22102 (“Yombu”) and the customer listed below (“you,” “your”) as of the date of last signature below (“Effective Date”). Yombu grants you the right to use the software and services (collectively, the “Product”) according to and subject to the terms of the Yombu Terms and Conditions attached here
(“Master Agreement”). Subject to those terms, this right to use the Product commences on the date Yombu delivers the Product to you and terminates upon the termination of this Order Form. In the event of a conflict between any provision of this Order Form and any provision of the Master Agreement, the provisions of this Order Form shall prevail.
In addition to the representations and warranties set forth in the Master Agreement, you represent and warrant that all data Yombu stores on your behalf that was originally obtained by you or a third party other than Yombu (“Existing End User Data”) (i) was obtained and previously stored in compliance with all applicable laws and regulations; and (ii) that Yombu will not be violating any applicable law or regulation by accepting and storing the Existing End User Data in accordance with your request. Furthermore, you will defend and indemnify Yombu, its respective officers, board members and employees (collectively, the “Yombu Indemnified Parties”), at your expense, against any claim, demand, suit, or proceeding brought against a Yombu Indemnified Party by a third party alleging that (i) any Existing End User Data was obtained in violation of any applicable law or regulation; or (ii) that Yombu violated any applicable law or regulation by accepting or storing the Existing End User Data in accordance with your request.