Updated April 21, 2025
THE UNPAID PORTIONS OF BRUNO'S DESKTOP APPLICATION BRANDED AS "BRUNO" SHALL BE LICENSED UNDER THE MIT LICENSE (OR SUCH OTHER LICENSE AGREEMENT AS GOVERNS THE APPLICABLE VERSION OF THE APPLICATION USED BY CUSTOMER), AS FURTHER SET FORTH IN SECTION 2(E) BELOW.
Bruno Software, Inc. ('Bruno') provides certain paid technology-enabled services, including the paid portions of the desktop application branded as 'Bruno', and other related software, content, and services, including all versions and upgrades thereto (collectively, the 'Services'). This Terms of Service (this 'TOS') governs the access and use by the individual or entity who accesses or uses the Services ('Customer' or 'you'). Bruno may, at its discretion, update this TOS at any time. You can access and review the most current version of this TOS at the URL for this page or by clicking on the 'Terms of Service' link within the Services, or as otherwise made available by Bruno.
PLEASE REVIEW THIS TOS CAREFULLY. BY ACCESSING OR USING THE SERVICES PURSUANT TO A LICENSE KEY, YOU AGREE TO BE BOUND BY THIS TOS, INCLUDING ANY UPDATES OR REVISIONS POSTED HERE OR OTHERWISE COMMUNICATED TO YOU. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS TOS, YOU MAY NOT ACCESS OR USE THE SERVICES.
THIS TOS REQUIRES FINAL AND BINDING ARBITRATION TO RESOLVE ANY DISPUTE OR CLAIM ARISING OUT OF OR RELATING IN ANY WAY TO THIS TOS, OR YOUR ACCESS TO OR USE OF THE SERVICES, INCLUDING THE VALIDITY, APPLICABILITY OR INTERPRETATION OF THIS TOS, AND YOU AGREE THAT ANY SUCH CLAIM WILL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION, ARBITRATION OR OTHER SIMILAR PROCESS. PLEASE REVIEW SECTION 13 CAREFULLY TO UNDERSTAND YOUR RIGHTS AND OBLIGATIONS WITH RESPECT TO THE RESOLUTION OF ANY CLAIM.
By accessing or using the Services or related services, you represent and warrant that you: (a) are of legal age to form a binding contract; (b) have the right, authority, and capacity to agree to and abide by this TOS; and (c) are not a person barred from using the Services under the laws of any applicable jurisdiction. THE SERVICES ARE NOT INTENDED FOR USERS UNDER THE AGE OF 13, AND SUCH USERS ARE EXPRESSLY PROHIBITED FROM SUBMITTING ANY PERSONAL DATA OR USING ANY ASPECT OF THE SERVICES, AND BY TAKING SUCH ACTIONS YOU AGREE, REPRESENT, AND WARRANT THAT YOU ARE 13 YEARS OF AGE OR OLDER. If you are entering into this TOS on behalf of an entity, that entity is deemed to be the Customer herein and you represent that you have the power and authority to bind that entity to this TOS.
(a)Grant. Subject to and conditioned on your compliance with this TOS, Bruno hereby grants you a non-exclusive, non-transferable, non-sublicensable, revocable license solely to use the Services only for your internal use during the applicable subscription term purchased by you. Your access to and use of the Services must further comply in all material respects with all usage guidelines posted by Bruno. In connection with the foregoing, you may allow your authorized employees, agents and consultants, as necessary for your own internal business operations (collectively, 'Authorized Users') to use the Services on your behalf through your credentials on the Services, subject to such Authorized Users' compliance with this TOS and you agree that you shall be responsible for such Authorized User's use of the Services.
(b)Trademarks. You may not use the Bruno names, brands, trademarks, service marks and logos that Bruno makes available on the Services ('Marks'). Bruno claims trademark protection over all such Marks and you will not use the Marks except as expressly authorized herein. You will not remove or alter the Marks or any proprietary notices on the Services. The Marks may not be included in or as part of any registered corporate name, any other logo, or service or product name. You may not create any derivative works of the Marks or use the Marks in a manner that creates or reasonably implies an inaccurate sense of endorsement, sponsorship, or association with Bruno. You will not otherwise use business names or logos in a manner that can mislead, confuse, or deceive any third party. All use of the Marks and all goodwill arising out of such use, will inure to Bruno's benefit.
(c)Credentials. You must keep all of your registration and log-in information, license keys and credentials confidential and you are responsible for all activities that occur using your credentials. You agree to notify Bruno immediately of any unauthorized use of your credentials or any other similar breach of security.
(d)Third Party Applications.The Services may include, provide access to, or enable integrations with various application programing interfaces, whether yours or a third party's ('APIs'), and products, services, content, or offerings (collectively with the APIs, 'Third Party Services'). You acknowledge and agree that (i) different terms of use and privacy policies may apply to your use of such Third Party Services and that such terms and policies are solely between you and such third party, (ii) Bruno does not endorse and is not responsible or liable for any issues related to Third Party Services, including any data loss or other losses you may suffer as a result of using any such Third Party Services, (iii) you are responsible for acquiring any necessary rights to use any such Third-Party Services, and (iv) Bruno does not guarantee compatibility with any Third Party Services and Bruno shall not be responsible for any changes or new developments in Third Party Service which may interrupt your use of, access to or interaction with the Services.
(e)Open Source and Free Licenses. For the avoidance of doubt, the unpaid portions of Bruno's desktop application branded as 'Bruno' shall be licensed under the MIT license (or such other license agreement as governs the applicable version of application used by Customer), and (ii) nothing in this Agreement should limit Customer's use of the unpaid portions of the desktop application branded as 'Bruno' pursuant to the terms of the applicable governing license agreements, (iii) your access to the paid portions of the application are term-based and will expire if not renewed and (iv) upon termination or expiration of this Agreement, Customer will no longer have access to the paid portions of the application but will continue to have its rights under the free and open source software licenses mentioned above.
(a)Data Processing. In addition to this TOS, the Bruno Privacy Policy at https://www.usebruno.com/privacy-policy ('Privacy Policy') applies to how Bruno may process information provided as part of the Services. You acknowledge and agree that by accessing or using the Services, Bruno may receive certain information about you, including personal data, as set forth in the Privacy Policy, and Bruno may collect, use, disclose, store, share, and process such personal data in accordance with such Privacy Policy.
(b)Data Warranty and Obligations. For purposes hereof, 'Customer Data' shall mean documents, messages, graphics, images, files, data and other information transmitted to and processed through the Services by Customer. By using the Services, Customer represents, warrants and agrees that it has obtained and will maintain all necessary rights, licenses, authorizations, approvals and consents to use, transmit, provide and process Customer Data through the Services or otherwise makes available to Bruno, and Bruno is authorized to perform any actions initiated through instructions given to Bruno via its credentials or through other means, notwithstanding that these may contain personal data or information (each as defined by applicable data protection laws). Customer is solely responsible for the accuracy, quality and legality of Customer Data, the means by which Customer acquired the Customer Data, and Customer's use of Customer Data.
(c)Analytics Information. You hereby acknowledge and agree that Bruno may extract, compile, aggregate, synthesize, use and otherwise analyze all or any portion of the Customer Data and/or other data derived from Customer's or its Authorized Users' use of or interaction with the Services ('Analytics Information'), so long as any usage, publication, sharing, distribution or disclosure of such Analytics Information is on an aggregate basis or is de-identified in a manner that does not allow personal data bout Customer or its Personnel to be separated from the aggregate data and identified as originating from Customer.
(a)Customer Data. Customer retains all right, title and interest not expressly granted in this TOS in and to all Customer Data. As between Customer and Bruno, Customer owns all rights, title and interest (including all intellectual property rights) in the Customer Data.
(b)Services. The Services provided to you hereunder or available to you through the Services are licensed, not sold, and Bruno retains and reserves all rights not expressly granted in this TOS. You acknowledge and agree that, as between you and Bruno, Bruno and its licensors owns all rights, title and interest (including all intellectual property rights) in the Analytics Information, the Services and all data, content, and other materials within the Services. The Services are protected by U.S. and international copyright and other intellectual property laws and treaties. Bruno reserves all rights not expressly granted to you in this TOS.
a. In your use of the Services, you will not:
i) use, reproduce, modify, adapt, create derivative works from, sublicense, publicly perform, publicly display, distribute, sell, lease, rent, make, have made, assign, pledge, transfer or otherwise grant rights to the Services, except as expressly permitted under this TOS
ii) reverse engineer, disassemble, decompile, translate, or otherwise attempt to derive trade secrets, algorithms, or the source code, architectural framework, or data records, within or associated with the Services
iii) interfere with or disrupt the integrity or performance of the Services, including by disrupting the ability of any other person to use or enjoy the Services
iv) provide use of the Services on a service bureau, rental or managed services basis, provide or permit other individuals or entities to create Internet 'links' to the Services or 'frame' or 'mirror' the Services on any other server, or wireless or Internet-based device
v) access the Services for the purpose of developing, marketing, selling or distributing any product or service that competes with or includes features substantially similar to the Services
vi) violate any applicable local, state, provincial, federal or international law or regulation, or use the Services for any illegal, unauthorized or otherwise improper purposes, including to store or transmit malicious code, or to store or transmit material in violation of third-party privacy rights
vii) remove or obscure any proprietary notice that appears within the Services
viii) impersonate any person or entity, including Bruno personnel, or falsely state or otherwise misrepresent your affiliation with Bruno, or any other entity or person
ix) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Services
x) take any action that imposes an unreasonable or disproportionately heavy load on the Services or its infrastructure
xi) use spiders, crawlers, robots, scrapers, automated tools or any other similar means to access the Services; or download, reproduce, or archive any substantial portion of the Services
b. You will not: upload, post, email, store, transmit, or otherwise make available any content that:
i) is illegal, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or otherwise objectionable
ii) may not be made available under any law or under contractual or fiduciary relationships (such as confidential or proprietary information learned as part of an employment relationship or under a non-disclosure agreement)
iii) infringes any patent, trademark, trade secret, copyright, or other proprietary right of any party
iv) consists of unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, commercial electronic messages, or any other form of solicitation
v) contains software viruses or any other code, files or programs designed to interrupt, destroy or limit the functionality of any software or hardware
vi) contains infringing, libelous, or otherwise unlawful or tortious material
vii) consists of information that you know or have reason to know is false or inaccurate
(a)Fees and Expenses. Customer shall pay all agreed upon fees for the Services as agreed to by Customer on Bruno's website or otherwise ('Fees') and in accordance with terms set forth with respect to any such Fees.
(b)Payment Terms. Customer will pay Fees according to the payment terms set forth in the payment confirmation page. Customer shall provide Bruno with complete and accurate billing contact information including a valid email address. All payments to Bruno are non-refundable except as otherwise expressly provided in writing by Bruno. All payments will be made in United States dollars via electronic funds transfer, as per the instructions of Bruno. Bruno may invoice parts of any Fees due separately or all in one invoice.
(c)Payment Processing. Bruno may use a third party payment process (the 'Payment Processor') to bill Customer through a payment account linked to Customer. The processing of these payments will be subject to the terms, conditions and privacy policies of the Payment Processor, in addition to this TOS. By submitting Customer's credit card or other payment information, Customer grants Bruno the right to store and process such information with the Payment Processor, which it may change from time to time. Customer agrees that Bruno shall not be responsible for any failures of the Payment Processor to adequately protect such payment information.
(d)Late Payments. If Customer fails to pay any past due invoice, Bruno may revoke or suspend Customer's access to the Services until such time as Customer brings its account completely current. Bruno may charge interest on all past due invoices at a rate of 1.5% per month, or the highest rate allowed by applicable law, whichever is lower. If Customer is delinquent in its payments for two (2) consecutive months, Bruno may, upon written notice to Customer, modify the payment terms or require other assurances to secure Customer's payment obligations hereunder.
(e)Taxes. All Fees exclude any and all taxes and similar fees now in force, enacted or imposed in the future on the transaction, delivery of the Services, including any sales, use or value added taxes, goods and services tax, consumption tax, customs duties or similar charges, but excluding withholding taxes and taxes solely based on Bruno's net income, and Customer shall be responsible for payment of all such taxes, duties and charges, and any related penalties and interest arising from the payment of such amounts.
If you elect to provide or make available to Bruno any suggestions, comments, ideas, improvements or other feedback relating to the Services ('Feedback'), Bruno shall own and be free to use, reproduce, modify, adapt, create derivative works from, publicly perform, publicly display, distribute, make, have made, assign, pledge, transfer or otherwise grant rights in your Feedback in any form and any medium (whether now known or later developed), without credit or compensation to you.
(a)Claims Against Customer. Bruno shall indemnify and hold Customer and its affiliates, and each of their officers, directors, employees, agents, partners and licensors (collectively, 'Customer Parties') harmless from and against all losses, damages, costs, liabilities, and expenses, including reasonable attorneys' fees, to extent resulting from or arising out of any Claim due to an assertion that Customer's or any Authorized User's permitted use of the Services infringes the intellectual property rights of such third party; provided, however, that Bruno shall have no obligation to indemnify Customer from any Claim to the extent it arises from: (i) use of the Services by or on behalf of Customer in any manner that does not comply with the terms and conditions of this TOS or applicable laws or regulations; (ii) use of the Services by or on behalf of Customer in combination with any hardware or software not provided or approved by Bruno; (iii) modifications to the Services made by or on behalf of Customer that are not authorized by Bruno; or (iv) any Customer Data.(Sections 8(a)(i) through 8(a)(iv), collectively, “Customer Acts”). In the event that any part of the Services becomes the subject of a Claim or Bruno reasonably determines that any part of the Services is likely to become the subject of a Claim, Bruno may, at its sole discretion: (1) procure for Customer a license as necessary for Customer to exercise the rights granted by Bruno under this TOS; (2) modify or replace the infringing portion of the Services to avoid infringement; or (3) terminate this TOS and provide a pro rata refund of the fees paid by Customer to Bruno for the unused portion of the Term.
(b)Claims Against Bruno. You shall indemnify and hold Bruno and its affiliates, and each of their officers, directors, employees, agents, partners and licensors (collectively, 'Bruno Parties') harmless from and against all losses, damages, costs, liabilities, and expenses, including reasonable attorneys' fees, to extent resulting from or arising out of any third party claim, demand, or action (collectively, a 'Claim') due to (i) content or information, including Customer Data, you provide to Bruno; (ii) your violation of this TOS, any law or regulation, or any rights (including intellectual property rights) of another party; (iii) Customer Acts; and (iv) your use of the Services, except as expressly permitted in this TOS.
(c)Prodecure.The indemnified party shall: (i) give the indemnifying party prompt written notice of any Claim; provided, however, that failure of the indemnified party to give such prompt written notice shall not relieve the indemnifying party of any obligation to indemnify pursuant to this Section 8, except to the extent the indemnifying party has been prejudiced thereby; (ii) cooperate fully with the indemnifying party, at the indemnifying party’s expense, in the defense or settlement of any Claim; and (iii) give the indemnifying party sole and complete control over the defense or settlement of any Claim; provided, however, that any settlement must include a complete release of the indemnified party without requiring the indemnified party to make any payment or bear any obligation.
(a)Mutual Representations and Warranties. Each party represents and warrants that (i) it has full right, power, and authority to enter into this TOS, (ii) it has obtained and shall maintain throughout the term of this TOS all necessary licenses, authorizations, approvals and consents to enter into, exercise its rights and perform its obligations and duties hereunder in compliance with all applicable laws, rules and regulations, and (iii) that the performance of such obligations and duties does not conflict with or result in a breach of any other agreement of such party or any judgment, order, or decree by which such party is bound.
b. Disclaimer of Warranties.
i) YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BRUNO PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED OR ARISING FROM STATUTE, COURSE OF DEALING, USAGE OF TRADE OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
ii) BRUNO PARTIES MAKE NO WARRANTY OR REPRESENTATION THAT: (A) THE SERVICES WILL MEET YOUR REQUIREMENTS; (B) ACCESS TO THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, VIRUS-FREE, OR ERROR-FREE; OR (C) THE INFORMATION AND ANY RESULTS THAT MAY BE OBTAINED FROM ACCESS TO OR USE OF THE SERVICES WILL BE ACCURATE, RELIABLE, CURRENT, OR COMPLETE.
iii) ALL CONTENT MADE AVAILABLE THROUGH THE SERVICES IS MADE AVAILABLE FOR INFORMATIONAL PURPOSES ONLY. YOU ARE SOLELY RESPONSIBLE FOR CONFIRMING THE ACCURACY OF ALL CONTENT BEFORE TAKING OR OMITTING ANY ACTION.
iv) THIS DISCLAIMER OF WARRANTY MAY NOT BE VALID IN SOME JURISDICTIONS AND YOU MAY HAVE WARRANTY RIGHTS UNDER LAW WHICH MAY NOT BE WAIVED OR DISCLAIMED. ANY SUCH WARRANTY EXTENDS ONLY FOR THIRTY (30) DAYS FROM THE EFFECTIVE DATE OF THIS TOS (UNLESS SUCH LAW PROVIDES OTHERWISE).
(a)BRUNO PARTIES SHALL NOT BE LIABLE FOR ANY LOST PROFITS, LOSS OF DATA OR GOODWILL, OR COST OF COVER, OR FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING DAMAGES ARISING FROM ANY TYPE OR MANNER OF COMMERCIAL, BUSINESS, OR FINANCIAL LOSS, EVEN IF BRUNO PARTIES HAD ACTUAL OR CONSTRUCTIVE KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE. IN NO EVENT SHALL BRUNO PARTIES' TOTAL LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING FROM OR RELATING TO THIS TOS OR YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE SERVICES OR CONTENT EXCEED THE AMOUNT PAID BY YOU TO BRUNO FOR ACCESS TO THE SERVICES WITHIN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH THE APPLICABLE CLAIM(S) AROSE.
(b)THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY REGARDLESS OF WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. INSOFAR AS APPLICABLE LAW PROHIBITS ANY LIMITATION ON LIABILITY HEREIN, THE PARTIES AGREE THAT SUCH LIMITATION WILL BE AUTOMATICALLY MODIFIED, BUT ONLY TO THE EXTENT SO AS TO MAKE THE LIMITATION COMPLIANT WITH APPLICABLE LAW. THE PARTIES AGREE THAT THE LIMITATIONS ON LIABILITIES SET FORTH HEREIN ARE AGREED ALLOCATIONS OF RISK AND SUCH LIMITATIONS WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
(a)The term of this TOS shall commence on the date Customer first accesses the Services and shall continue in effect until the earlier of: (i) termination by Bruno as permitted by this TOS; or (ii) the conclusion of the subscription term purchased by Customer (the 'Term').
(b)Notwithstanding anything to the contrary, Bruno may terminate this TOS: (i) upon written notice to you of a material breach of this TOS, which breach you do not cure within 30 days after receipt of written notice of the breach; or (ii) in the event you become insolvent or bankrupt, become the subject of any proceedings under bankruptcy, insolvency or debtor’s relief law, have a receiver or manager appointed, make an assignment for the benefit of creditors, or take the benefit of any applicable law or statute in force for the winding up or liquidation of your business. Notwithstanding the termination of this TOS for any reason, neither party will be relieved of any duty, obligation, debt or liability that arose or accrued prior to the effective date of termination.
(c)Upon termination of this TOS for any reason: (i) Bruno, in its sole discretion, may remove and discard your content and information; (ii) you will immediately cease your use of the Services; and (iii) any provision that, by its terms, is intended to survive the expiration or termination of this TOS shall survive such expiration or termination. Further, you agree that that Bruno shall not be liable to you or any third party for any termination of your access to the Services.
This TOS shall be governed by and construed and enforced in accordance with the United States Federal Arbitration Act, other applicable federal laws and the laws of the State of Delaware, without regard to conflict of laws principles. The parties agree that neither the United Nations Convention on Contracts for the International Sale of Goods, nor the Uniform Computer Information Transaction Act (UCITA) shall apply to this TOS, regardless of the states in which the parties do business or are incorporated.
(a)ALL CLAIMS ARISING IN CONNECTION WITH THIS TOS SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION RATHER THAN IN COURT.
(b)The arbitration shall be conducted by the American Arbitration Association (AAA) under its then-applicable Commercial Arbitration Rules or, as appropriate, its Consumer Arbitration Rules. The AAA's rules are available at http://www.adr.org/. Payment of all filing, administration and arbitrator fees shall be governed by the AAA's rules. The arbitration shall be conducted in the English language by a single independent and neutral arbitrator. For any hearing conducted in person as part of the arbitration, you agree that such hearing shall be conducted in Austin, Texas or, if the Consumer Arbitration Rules apply, another location reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances, as determined by the arbitrator. The decision of the arbitrator shall be final and binding. Judgment on the arbitral award may be entered in any court of competent jurisdiction.
(c)WE EACH AGREE THAT ALL CLAIMS SHALL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION OR OTHER SIMILAR PROCESS (INCLUDING ARBITRATION). IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, WE EACH WAIVE ANY RIGHT TO A JURY TRIAL AND AGREE THAT SUCH CLAIM SHALL BE BROUGHT ONLY IN A COURT OF COMPETENT JURISDICTION IN AUSTIN, TEXAS. YOU HEREBY SUBMIT TO THE PERSONAL JURISDICTION AND VENUE OF SUCH COURTS AND WAIVE ANY OBJECTION ON THE GROUNDS OF VENUE, FORUM NON-CONVENIENS OR ANY SIMILAR GROUNDS WITH RESPECT TO ANY SUCH CLAIM.
You represent and warrant that you will comply with all applicable foreign, federal, state, and local laws, rules and regulations, including without limitation, U.S. export laws and import and use laws of the country where Licensed Material is delivered or used and you are not: (a) located in a country that is subject to a U.S. Government embargo, or designated by the U.S. Government as a 'terrorist supporting' country; and (b) listed on any U.S. Government list of prohibited or restricted parties, including the Specially Designated Nationals List.
This section applies to access to or use of the Services by a branch or agency of the United States Government. The Services includes “commercial computer software” and “commercial computer software documentation” as such terms are used in 48 C.F.R. 12.212 and qualifies as “commercial items” as defined in 48 C.F.R. 2.101. Such items are provided to the United States Government: (a) for acquisition by or on behalf of civilian agencies, consistent with the policy set forth in 48 C.F.R. 12.212; or (b) for acquisition by or on behalf of units of the Department of Defense, consistent with the policies set forth in 48 C.F.R. 227.7202-1 and 227.7202-3. The United States Government shall acquire only those rights set forth in this TOS with respect to the such items, and any access to or use of the Services by the United States Government constitutes: (i) agreement by the United States Government that that such items are “commercial computer software” and “commercial computer software documentation” as defined in this section; and (ii) acceptance of the rights and obligations herein.
In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting such unit in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.
This TOS constitutes the entire agreement between you and Bruno concerning your access to and use of the Services. It supersedes all prior and contemporaneous oral or written negotiations and agreements between you and Bruno with respect to such subject matter. In the event of any conflict between or among this TOS and any end user license agreement, privacy policy or usage guidelines to which this TOS refers, the terms and conditions of this TOS shall take precedence and govern. This TOS may not be amended by you except in a writing executed by you and an authorized representative of Bruno. Except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to this TOS. For the purposes of this TOS, the words “such as,” “include,” “includes” and “including” shall be deemed to be followed by the words “without limitation.” You may not assign or delegate any right or obligation under this TOS without the prior written consent of Bruno. The failure of Bruno to exercise or enforce any right or provision of this TOS shall not constitute a waiver of such right or provision. If any provision of this TOS is held to be invalid or unenforceable under applicable law, then such provision shall be construed, limited, modified or, if necessary, severed to the extent necessary to eliminate its invalidity or unenforceability, without in any way affecting the remaining parts of this TOS. Any prevention of or delay in performance by Bruno hereunder due to labor disputes, acts of god, failure of the Internet, governmental restrictions, enemy or hostile governmental action, fire or other casualty or other causes beyond its reasonable control shall excuse the performance of its obligations for a period equal to the duration of any such prevention or delay.