10.2 (a) Any indemnification obligation under the Agreement is subject to the following. The Indemnified Party shall take all reasonable steps to mitigate the potential costs and provide the Indemnifying Party with: (i) prompt written notice of such claims or actions or of their possibility if known; (ii) relevant information (subject to confidentiality restrictions due by the indemnified party to third parties), powers and appropriate assistance for settlement or defense, as well as such claims or actions; (iii) subject to Section 10.2, provide exclusive control and authority over the defense or settlement of such claims or actions and provide reasonable assistance in the defense or settlement of such claims or actions. (b) (i) The indemnified party has the right to authorize an attorney chosen by the indemnifying party to defend the indemnified party, without unreasonably refusing or delaying approval. (ii) Notwithstanding the foregoing, the indemnified party has the right to appoint a lawyer of its choice at its own expense with respect to the subject matter of compensation for any purpose, including the services as co-counsel, or to supervise the defense of the attorney appointed by the indemnifying party. (iii) In the event that the indemnifying party (A) fails to defend the indemnified party or (B) insists on a defense to which the indemnified party does not agree in good faith and in the exercise of reasonable judgment, then the indemnified party has the right to exercise exclusive control and authority over the defense and settlement of the claim, including the appointment of a lawyer at his own discretion, whose fees and expenses are the sole responsibility of the indemnifying party. Genesys may, in its sole discretion, terminate or restrict a user`s (and account`s) access to the Site without notice, without prejudice to its right to seek damages in the event of termination for violation of the Terms of Use. Genesys may provide online communities and services related to those online communities, such as forums, blogs, newsgroups, chat areas, newsgroups, or other messaging or communication features. Genesys has no obligation to provide technical support to online communities. To the extent technically permitted by the Site, you agree to use the Online Communities only to upload, post, send and receive messages (including comments and suggestions), files, documents, graphics, images and other content or materials (collectively, the “Content”) relating to the scope of the Online Community.

You will only use online communities in a non-commercial manner. While Genesys employees in online communities may provide information about genesys products and services, employees are not an official customer service channel, and all opinions expressed by them in online communities are those of the author and do not necessarily reflect Genesys` views. Genesys does not endorse, endorse, represent or warrant the accuracy, reliability or truthfulness of any content or communication in online communities. You understand that by using the Site, you may be exposed to content that may be harmful, offensive, inaccurate or otherwise inappropriate, or, in some cases, mislabeled or otherwise misleading content. In no event shall Genesys be liable in any way for any content, including, but not limited to, errors or omissions in the content or loss or damage of any kind arising out of the use of any content posted, emailed, transmitted or otherwise made available by or through the Site. The aggregate liability of Genesys and its directors, officers, employees or other agents to you for all damages, losses and causes of action (whether in contract or tort, including, but not limited to, negligence) arising out of the Terms of Use or your use of the Site shall not exceed the total amount, if any, on your behalf to Genesys for your use of the Site or the purchase of Products, or Services paid for through the Website. Some jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages. therefore, the above limitation or exclusion may not apply to you to the extent prohibited by law.

This Master Subscription Agreement (“MSA”) is executed by the performing parties and by the performance of the corresponding service agreement. The parties agree that this MSA may be executed by any signature, including electronic commerce or transmission, including fax, e-mail or confirmation via a website. By executing the Service Order, customer agrees to be bound by all the terms of the Agreement, including this MSA and Appendix A “Glossary and Terms and Conditions” which can be found under www.genesys.com/CloudMSAGlossary. This MSA, Appendix A, the liaison service regulations and other schedules are integrated into each other. By entering into a calendar by an Affiliate, an Affiliate agrees to be bound by the terms of the Agreement as if it were an original part. Taking into account the mutual promises and obligations contained in the Agreement, the adequacy of which is hereby acknowledged, the parties agree as follows. “Other departments are coming to us to ask if we can include their contracts in our roadmap, so the DocuSign Agreement Cloud at Genesys has clearly been a success,” Borja said. “We enjoy the end-to-end value of a modern contract system – and that has made a huge difference in the way we do business,” Borja said. In order to access certain parts of the Website, you may be asked to provide personal data. Our policies regarding the collection and use of information relating to your personal information are set out in genesys` Privacy Policy. You acknowledge and agree that you are solely responsible for the accuracy and content of your personal information. You are solely responsible for maintaining the confidentiality of your username and password and for any activity that occurs under your password, as well as for any loss or damage suffered by Genesys or any third party as a result of another person`s use of your password or account.

You agree to immediately notify Genesys of any unauthorized use of your password and/or account or any breach of security. 4.1 The Services and all derivative works are the copyrighted material of Genesys or its third party licensors, including all rights protected by intellectual property laws. Some or all services are patented or have patent applications pending. Except by using tools that Genesys makes available to Customer for Customer`s internal personal or business use, Customer may not modify, reproduce, download, save or store in a retrieval system any features, functionality, content, graphics, design or layout of the Services or any part of the Services or Genesys logos or other proprietary trademarks. To the extent such tools are provided, the results and proceeds of such use (other than Customer`s existing intellectual property retained by Customer) will be considered derivative works of Genesys and will be subject to the terms of the Agreement. .