PLEASE READ THIS AGREEMENT ("AGREEMENT") CAREFULLY BEFORE USING THE TRIFACTA SOFTWARE (THE "TRIFACTA SOFTWARE") OFFERED BY TRIFACTA INC. ("TRIFACTA"). BY USING THE TRIFACTA SOFTWARE IN ANY MANNER AND BY CLICKING "I ACCEPT", YOU AND YOUR COMPANY OR ORGANIZATION (COLLECTIVELY, "CUSTOMER") AGREE THAT YOU HAVE READ AND AGREE ON BEHALF OF YOURSELF TO BE BOUND BY AND A PARTY TO THE TERMS AND CONDITIONS OF THIS AGREEMENT TO THE EXCLUSION OF ALL OTHER TERMS. IF YOU ENTER INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY AND ITS AFFILIATES TO THESE TERMS AND CONDITIONS. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT UNCONDITIONALLY AGREE TO ALL THE TERMS AND CONDITIONS OF THE AGREEMENT, YOU HAVE NO RIGHT TO USE THE TRIFACTA SOFTWARE. USE OF THE TRIFACTA SOFTWARE IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, TO THE EXCLUSION OF ALL OTHER TERMS.

NOTWITHSTANDING ANYTHING ELSE STATED HEREIN, IF CUSTOMER AND TRIFACTA HAVE EXECUTED A WRITTEN AGREEMENT FOR THE ACCESS TO OR USE OF THE TRIFACTA SOFTWARE AND RELATED PRODUCTS AND SERVICES (AS APPLICABLE) ("SIGNED AGREEMENT"), THEN THE TERMS OF THE SIGNED AGREEMENT SHALL GOVERN AND CONTROL AND THIS AGREEMENT SHALL HAVE NO EFFECT.