Common use of The Subscription Service Clause in Contracts

The Subscription Service. 2.1 During the Term and subject to these Terms and Conditions, DocuSign will provide the Subscription Service in accordance with the Specifications, and Subscriber will have the right to obtain an Account and register its Authorized Users, who may access and use the Subscription Service. The right to use the Subscription Service is: (a) limited to its Authorized Users (accordingly, Subscriber may not resell or otherwise provide or assist with the provision of the Subscription Service to any third party); and (b) conditioned on Subscriber’s acknowledgement and agreement with the following: i) Nothing in this Agreement will be construed to make DocuSign a party to any eContract, and DocuSign makes no representation or warranty regarding the transactions sought to be effected by any eContract; ii) DocuSign maintains no control of or access to the contents of any eContract, and so the content, quality, and format of any eContract is at all times in the exclusive control and responsibility of Subscriber; iii) If Subscriber elects to use optional features designed to verify the identity of the intended recipient of an eContract (“Authentication Measures”), DocuSign will apply only those Authentication Measures (if any) selected by the Subscriber, but makes no representations or warranties about the appropriateness of any Authentication Measure and further, assumes no liability for the inability or failure by the intended recipient or other party to satisfy the Authentication Measure or to circumvent it; iv) Certain types of agreements and documents are excepted from electronic signature laws, such that they cannot be legally formed by electronic signatures, and additionally, various agencies may have promulgated specific regulations that apply to electronic signatures and electronic records. DocuSign assumes no responsibility to determine whether any particular eContract is an exception to applicable electronic signature laws, or whether it is subject to any particular agency promulgations, or whether it can be legally formed by electronic signatures; v) Subscriber is solely responsible for making available to third parties (including all parties to its eContracts) all contracts, documents, and other records required by applicable law, including, without limitation, electronic signature laws and other laws that may require records relating to a transaction to be retained or made accessible for a certain period of time; vi) Certain laws or regulations impose special requirements with respect to electronic transactions involving one or more “consumers,” such as (among others) requirements that the consumer consent to the method of contracting and/or that the consumer be provided with a copy, or access to a copy, of a paper or other non-electronic, written record of the transaction. DocuSign assumes no responsibility to: (A) determine whether any particular transaction involves a consumer; (B) furnish or obtain any such consents or to determine if any such consents have been withdrawn; (C) provide any information or disclosures in connection with any attempt to obtain any such consents; (D) provide legal review of, or to update or correct any information or disclosures currently or previously given; (E) provide any such copies or access except as expressly provided in the Specifications for all transactions, consumer or otherwise; or (F) otherwise to comply with any such special requirements; and vii) Subscriber expressly undertakes to determine whether any consumer is involved in any eContract presented by its Authorized Users for Processing, and, if so, to comply with all requirements imposed by law on such eContracts or their formation.

The Subscription Service. 2.1 During the Term and subject to DIR-TSO-3149 and these Terms and Conditions, DocuSign will provide the Subscription Service in accordance with the Specifications, and Subscriber will have the right to obtain an Account and register its Authorized Users, who may access and use the Subscription Service, and DocuSign will provide the Subscription Service in accordance with the Specifications, and the DocuSign Service & Support Level Commitment (“SLA”) attached as Appendix D of DIR Contract No. DIR-TSO-3149. The right to use the Subscription Service is: (a) is limited to its the Authorized Users (accordinglyUsers, and Subscriber may not resell or otherwise provide or assist with the provision of the Subscription Service to any third party); and (b) . 2.2 In addition, DocuSign’s provision of the Subscription Service is conditioned on Subscriber’s acknowledgement of and agreement with to the following: (i) The Subscription Service facilitates the execution of eContracts between the parties to those eContracts. Nothing in this Agreement will may be construed to make DocuSign a party to any eContracteContract processed through the Subscription Service, and DocuSign makes no representation or warranty regarding the transactions sought to be effected by any eContract; (ii) Between DocuSign maintains no and Subscriber, Subscriber has exclusive control of or access to the contents of any eContract, over and so responsibility for the content, quality, and format of any eContract is at all times eContract. All eContracts stored by DocuSign are maintained in the exclusive an encrypted form, and DocuSign has no control and responsibility of Subscriberor access to their contents; (iii) If Subscriber elects to use one or more of the optional features designed to verify the identity of the intended recipient of an eContract that DocuSign makes available to its subscribers (“Authentication Measures”), DocuSign will apply only those Authentication Measures (if any) selected by the Subscriber, but makes no representations or warranties about the appropriateness of any Authentication Measure and furtherMeasure. Further, DocuSign assumes no liability for for: (A) the inability or failure by the intended recipient or other party to satisfy the Authentication Measure Measure; or to circumvent it(B) the circumvention by any person (other than DocuSign) of any Authentication Measure; (iv) Certain types of agreements and documents are may be excepted from electronic signature lawslaws (e.g. ▇▇▇▇▇ and agreements pertaining to family law), such that they cannot or may be legally formed by electronic signatures, and additionally, various agencies may have promulgated subject to specific regulations that apply to promulgated by various government agencies regarding electronic signatures and electronic records. DocuSign assumes no responsibility is not responsible or liable to determine whether any particular eContract is subject to an exception to applicable electronic signature laws, or whether it is subject to any particular agency promulgations, or whether it can be legally formed by electronic signatures; (v) Subscriber DocuSign is solely not responsible for making available to third parties (including all parties to its eContracts) all determining how long any contracts, documents, and other records are required by applicable law, including, without limitation, electronic signature laws and other laws that may require records relating to a transaction to be retained or made accessible stored under any applicable laws, regulations, or legal or administrative agency processes. Further, DocuSign is not responsible for a certain period or liable to produce any of timeSubscriber’s eContracts or other documents to any third parties; (vi) Certain consumer protection or similar laws or regulations may impose special requirements with respect to electronic transactions involving one or more “consumers,” such as (among others) requirements that the consumer consent to the method of contracting and/or that the consumer be provided with a copy, or access to a copy, of a paper or other non-non- electronic, written record of the transaction. DocuSign assumes no responsibility does not and is not responsible to: (A) determine whether any particular transaction involves a “consumer; ;” (B) furnish or obtain any such consents or to determine if any such consents have been withdrawn; (C) provide any information or disclosures in connection with any attempt to obtain any such consents; (D) provide legal review of, or to update or correct any information or disclosures currently or previously given; (E) provide any such copies or access access, except as expressly provided in the Specifications for all transactions, consumer or otherwise; or (F) otherwise to comply with any such special requirements; and (vii) Subscriber expressly undertakes to determine whether any consumer “consumer” is involved in any eContract presented by its Authorized Users for Processingprocessing, and, if so, to comply with all requirements imposed by law on such eContracts or their formation. 2.3 DocuSign will provide customer support to Subscriber in accordance with the package that is identified on the Order Form, as each of the optional packages are further detailed in Exhibit A attached hereto.