VERY IMPORTANT!  PLEASE READ CAREFULLY!
 
This Software License and Revenue Sharing Agreement ("Agreement") is a legal contract by and between Mimoona Ltd., an Israeli company located at 163 Ibn Gabirol, Tel Aviv, Israel, ("Mimoona"), and you (an individual, a business entity, or a non-profit entity) ("Licensee") governing the use of the software described below.

BY CLICKING THE “I ACCEPT” BUTTON, OR BY DOWNLOADING, INSTALLING, OR
OTHERWISE USING THE SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT.  IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT DOWNLOAD, INSTALL, OR USE THE SOFTWARE.
 
Whereas            Mimoona is the developer and owner of software that allows a website to deploy a crowd-funding platform, and of all future development and adjustments to such software (the "Software"); and whereas the Software can be embedded in websites for use by project owners and project entities ("Fundraiser(s)") who wish to raise funds for a particular project from backers and supporters ("Contributor(s)"); and

 
Whereas            Licensee wishes to license the Software from Mimoona for the purpose of embedding and deploying the Software on its website ("Site") for use by Fundraisers and Contributors.
 
 Now therefore, for good and valuable consideration, the sufficiency and adequacy of which is hereby acknowledged, the parties hereto agree as follows:
 
 1. License.

1.1.  License Grant. Mimoona hereby grants to Licensee, and Licensee hereby accepts from Mimoona, a non-exclusive, non-transferrable, worldwide, license to use, embed, incorporate, and display (collectively, "Use") the Software, in object code form only, on the Site for use by Fundraisers and Contributors. Licensee will not get access to the source code at all.

1.2.  Delivery. Licensee shall take delivery of the Software by installing it on its Site, via the method provided by Mimoona.

1.3. Restrictions on Use. Licensee shall not: (i) modify, decompile, disassemble, reverse engineer, or otherwise procure the source code for, the Software; and/or (ii) remove, alter, or conceal, in whole or in part, any copyright, trademark or other proprietary rights notices that are contained on or within the Software.

1.4. Related Services. Mimoona may, at its sole discretion, provide additional services to Licensee for the purpose of enhancing Use of the Software ("Services").  Mimoona may charge advanced fees for such Services in addition to the Revenue Share in Section 5 below.

2. Licensee Obligations.

Licensee hereby is offered to include the terms and conditions contained in Schedule A attached hereto in its terms of use or service that it requires Fundraisers and Contributors to adhere. Licensee shall be responsible for any failure of its Fundraisers and Contributors to comply with these terms or other.  These terms do not constitute legal advice to Licensee, and Licensee should consult their own attorneys to determine whether additional or other terms are required to protect Licensee or other parties including Contributors and Fundraisers from any claims. Furthermore, Licensee shall cooperate with Mimoona in its provision and administration of the Software and Services, and shall furnish any and all reasonable assistance requested by Mimoona therefore.  Licensee agrees not to use the Site or the Software for any illegal purpose including, without limitation in any porn and/or gambling related site. 

3. User Data.

As between Mimoona and Licensee, all data and information on the Site relating to Fundraisers, Contributors, and their respective projects and financing activities ("User Data"), shall be owned by Licensee. Without derogating from any other data rights set out in this Agreement, it is agreed that Mimoona may use User Data for its own internal statistical and analytical purposes, and Licensee shall grant Mimoona access thereto accordingly.  Licensee is responsible for the protection and legal use of the User Data.

 

4. Audit Rights.

At all times during the term of this Agreement and for a period of twelve (12) months thereafter, Licensee shall maintain complete and accurate records of User Data, including without limitation all financial, transactional, and fundraising data relating to each and every Fundraiser's account. Licensee agrees to grant Mimoona access to such records at all times for the purpose of auditing and calculating the Revenue Share (as defined below) to be paid to Mimoona, as further described below.

5.  Revenue Share and Payment Terms.

5.1. Revenue Share. Licensee shall be paid by Mimoona an amount equal to fifty percent (50%) of the commissions collected from each Fundraiser ("Revenue Share"), which commissions shall be based on a percentage (determined by Licensee but no less than 5%) of the funds raised by each Fundraiser through its use of the Software. By way of illustration only, if a Fundraiser raises $10,000 via use of the Software, Licensee shall be paid by Mimoona 50% of whatever commission amount collected from that $10,000 which shall be no less than $500 (i.e. $250 would be paid to Mimoona).  The Revenue Share shall be based on the gross commissions collected by Mimoona, from which uncollected amounts and charge backs from previous and current fundraising campaigns shall be deducted. Each Party shall bear its own tax and expanses.

5.2. Payment. Mimoona shall pay the Revenue Share from concluded fundraising campaigns to Licensee each month. In case there are no concluded fundraising campaigns on certain month, the payment shall take place on the following month in which at least 1 fundraising campaign has been concluded.

6. Termination.
6.1. Either party may terminate this Agreement immediately (by providing written notice thereof to the other party) if the other party breaches this Agreement and such breach (to the extent it is capable of cure) remains uncured thirty (30) days after having received written notice of the material breach.

6.2. Without limitation, using the Site and/or Software for illegal or restricted purposes shall be considered material breaches.

6.3. Following termination (except in the case of an illegal use of the Site or Software, in which case termination of all illegal Fundraiser campaigns shall be immediate), Mimoona will allow Fundraiser campaigns to continue to their original end dates (with no extensions allowed), but shall not allow Licensee to launch any new Fundraiser campaigns using the Software.

6.4. Following termination, Mimoona will deactivate the Site's access to the Mimoona server, so that the Site may not make use of the Software.  In its sole discretion, Mimoona may decline to allow a Licensee or its affiliates, related parties, etc. which has violated the terms of this Agreement with respect to one or more Sites to use the Software on any other Site(s).

6.5. If this Agreement is terminated as permitted herein due to Licensee's breach, then Licensee has no right to use the Software.

7.Proprietary Rights. 

7.1.Mimoona.  The intellectual property and proprietary rights of any nature in the Software and any development work and/or adjustment done for Licensee, whether Licensee paid for such adjustment or development or not, including, without limitation, API's, new features and all other derivatives of the Software's source code, are and shall remain the exclusive property of Mimoona.  Except as expressly set forth herein, nothing in this Agreement shall be construed as transferring any such rights to Licensee or any third party.  Unless otherwise agreed by Mimoona in writing, Licensee shall use the phrase "Powered by Mimoona" in at least 8-point type on the page(s) of the Site in which the Software is embedded. In no time Licensee shall have access to the source code of the Software.

7.2. Licensee.  The intellectual property and proprietary rights of any nature in the Licensee's Site (but not including any Software embedded therein and any development work done for Licensee) are and shall remain the exclusive property of Licensee and/or its licensors.  Nothing in this Agreement shall be construed as transferring any such rights to Mimoona or any third party. However, Mimoona shall be able to mention the Site as a customer on Mimoona's websites other materials.
 
8. Updates and Upgrades.  Mimoona may, but in no way under any obligation, provide to Licensee all Updates and Upgrades, including any related Documentation, as they become generally released by Mimoona.  The price for said Updates and Upgrades, and related Documentation, is included within the Revenue Share.  All references herein to the Software shall included Updates and Upgrades.  "Updates" means a new generally-available release of the Software that typically includes fixes and minor new features or enhancements. "Upgrades" means a new generally-available release of the Software that typically includes significant new features and/or enhancements. At Mimoona's sole discretion, some Upgrades will only be available upon Licensee's payment of a fee in addition to the Revenue Share described in Section 5.

9. Support Services.  Mimoona shall provide Licensee the Software maintenance and support services set forth in Schedule B, attached hereto ("Support Services").  Licensee shall be solely responsible for providing maintenance and support services directly to its Customers. Mimoona makes no guarantees regarding the performance or fairness of any third party involved in processing the funds raised for each project, and the Support Services shall not apply to such third parties services.
 
10. Marketing Activities.  Either party may make public announcements and undertake marketing regarding the fact that Licensee intends to use, or is using, the Software.  Any such announcement or marketing by one party about the other party must: (i) reflect favorably on the other party and be consistent with the way in which the other party presents itself and its products; and (ii) not misrepresent the other party or present it (or its products) in a negative manner.  Each party shall discontinue any marketing involving the other party upon the other party's request.
 
11. Disclaimer of Warranties.  EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE SOFTWARE IS PROVIDED TO LICENSEE "AS IS," WITHOUT ANY WARRANTIES OF ANY KIND, INCLUDING WITHOUT LIMITATION, WARRANTIES OF ANY THIRD PARTY SERVICES SUCH AS THE PAYMENT PROCESSOR.  LICENSOR DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING ANY WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WHILE WE MAKE REASONABLE EFFORTS TO ENSURE THAT THE SOFTWARE WILL FUNCTION AS CLAIMED, MIMOONA DOES NOT GUARANTEE THAT THE SITE WILL BE FREE OF BUGS, SECURITY BREACHES, VIRUS ATTACKS AND THE LIKE, OR THAT IT WILL ALWAYS BE AVAILABLE

12. Representations and Warranties.  Mimoona represents and warrants to Licensee that:
(i) It has, or has obtained, the right to grant the License to Licensee, and the execution and performance of this Agreement will not: (i) constitute a default under or conflict with any agreement or other instrument to which it is a party or by which it is bound; and (ii) do not require any third party consent.
(ii) It shall perform any services hereunder in a professional and workmanlike manner.
(iii) The Software is not known by Mimoona  to: (i) infringe or violate any intellectual property or any other right of any third party; or (ii) violate any industry standards or applicable law.
(iv) The Software is not known to Mimoona to contain any program routine, device, or other undisclosed feature, including, without limitation, a time bomb, virus, software lock, drop dead device, malicious logic, worm or Trojan horse, that is designed to delete, disable, deactivate, interfere with, or otherwise harm Licensee or Fundraisers or that is intended to provide access or produce modifications not authorized by Licensee.

13. Limitation of Liability.
13.1. IN NO EVENT SHALL MIMOONA BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES OF ANY KIND OR CHARACTER ARISING OUT OF OR RELATED TO THIS AGREEMENT, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
13.2.   IN NO EVENT SHALL THE AGGREGATE LIABILITY OF MIMOONA ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED THE AMOUNT PAID BY LICENSEE TO MIMOONA DURING THE TWELVE (12) MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM IS BROUGHT.

14. Confidentiality.  Each party may have access to certain non-public and/or proprietary information of the other party, including (without limitation) confidential trade secrets and other information related to the products, software, technology, data, know-how, inventions, or business of the other party, whether written or oral, and any such other information that, regardless of the manner in which it is furnishedand given the totality of the circumstances, a reasonable person or entity should have reason to believe is proprietary, confidential, or competitively sensitive ("Confidential Information").  Neither party shall use or disclose the Confidential Information of the other party for any purpose except to perform its rights and obligations as set forth in, and as permitted under, this Agreement, or to extent required by applicable law.  Upon termination of this Agreement, or at any time upon the disclosing party's request, the receiving party shall promptly return, or destroy (if requested in writing), any Confidential Information belonging to the other party.

15. Relationship of Parties.  The parties acknowledge that they are independent contractors and no other relationship, including partnership, joint venture, employment, franchise, or principal/agent is intended by this Agreement.  Neither party shall have the right to bind or obligate the other.

16. Notices.  All notices hereunder must be in writing. Email notices are permitted to the other's party designated email address provided they include an electronic written confirmation of receipt.

17. Assignment.  Neither party may assign its rights and obligations under this Agreement, except with the prior written consent of the other party which shall not be unreasonably withheld or delay.  Notwithstanding the foregoing, either party may assign this Agreement in whole, without requiring the written consent of the other party, as part of a corporate reorganization, consolidation, merger, or sale of substantially all of its assets.  In the event of a valid assignment, this Agreement will inure to the benefit of and be binding upon the permitted assigns.  Any prohibited assignment shall be null and void.

18. General.  The preamble to this Agreement constitutes an integral part hereof.  All headings of the sections and subsections of this Agreement are intended for convenience of reference and shall not be used in interpreting this Agreement.  The appendices attached hereto are incorporated in, and made a part of, this Agreement by this reference.  All capitalized but undefined terms in an appendix to this Agreement shall be given the meaning set forth herein.  This Agreement: (i) constitutes the entire agreement between the parties pertaining to the subject matter hereof, and supersedes any and all written or oral agreements with respect to such subject matter; (ii) shall be governed by the laws of the State of Israel, excluding its choice of law provisions.  All disputes arising out of this Agreement shall be subject to the sole and exclusive jurisdiction of the competent courts located in Tel Aviv-Yaffo, and each party irrevocably waives all objections to such venue.  The waiver of a breach of any term hereof shall in no way be construed as a waiver of any other term or breach hereof, and any such waiver that is granted thereunder must be in writing and shall be valid only in the specific instance in which given.  If any provision of this Agreement shall be held by a court of competent jurisdiction to be contrary to law, the remaining provisions of this Agreement shall remain in full force and effect.   Mimoona may alter or revise the terms of this Agreement by giving Licensee thirty (30) days notice of the changes to be made.  If Licensee does not agree to accept the changes, Licensee’s sole remedy shall be to discontinue Licensee’s use of the Software.

 

 

SCHEDULE A

1. Services

___________________ provides a meeting place and fund-raising platform (the "Platform") to entrepreneurs in different fields of interest (each a “Project Owner” or a "Project Entity"), which Project Owners can use to raise funds needed for their projects from potential backers and supporters (each a “Backer”or "Contributors"). The Platform and the services provided by ___________________ on the Site, including without limitation, all kinds of User Submissions (as defined herein), existing and prospective features, applications, related resources, communication forums, blogs, community sites and any other product information, are referred to herein as the "Services."
 
2. Registration
In order to access some of the Services of the Site, You may have to create an account. You may never use another's account without permission. When creating Your account, You must provide accurate and complete information. You are solely responsible for the activity that occurs in Your account, and You must keep Your account password secure. You must notify ___________________ immediately of any breach of security or unauthorized use of Your account. You will be liable for any use made of Your account or password and the losses of ___________________ or others due to such unauthorized use. ___________________ will not be liable for Your losses caused by any unauthorized use of Your account.
 
3. Project Fundraising
___________________ may provide you the opportunity to fundraise for your Project by soliciting financial contributions to support the Project from Members ("Contributions"). The rules governing fundraising for your Project (the "Fundraising Rules") are as follows:
 
a. The first step in launching a fundraising campaign using the Service is to create a project profile page and post a "Funding Request." To post a Funding Request, set your goal for the total Contributions you wish to raise during your current campaign ("Campaign Goal") and the date by which you'd like to raise the funds ("Campaign Deadline") on your Project Profile page. The Campaign Deadline can be between 1 and 90 days out. (Note, if you reach your campaign goal, you can post a new project to launch a campaign to fund the next phase of your project. The number of projects you can create is unlimited.)
 
b. You will be required to designate the legal entity to which funds will be directed (the "Project Entity"). By providing the name of your Project Entity to ___________________, you represent and warrant that you are an authorized representative of the Project Entity with the authority to bind the Project Entity to the terms of this Agreement, that the Project Entity is the legal entity responsible for the Project and accountable for the use of any funds raised for it on ___________________, and that you accept this Agreement on the Project Entity's behalf.
 
c. To receive Contributions, your Project Entity must establish an account (a "Funding Account") with the payment processor designated by ___________________ at the time you post your Project (the "Processor"). You understand and agree that your Funding Account will be governed by your agreement with the Processor, and that ___________________ shall have no liability for your Funding Account or your transactions or interactions with the Processor.
 
d. All Contributions made to a Project will be directed to the Project Entity's Funding Account, less a __% marketplace processing fee retained by ___________________ and less a payment processing fee. All Contributions paid to a Project Entity will constitute "Project Funding," and the ___________________ fee and all other Project Funding requirements will apply. ___________________ is not responsible for any error or omission in the Funding Account information you provide. Unless automated by the Processor, Project Funding less 3rd party processing fees will be disbursed from the Funding Account to the Project Entity's bank account according to the Project's disbursement details (set in the Funding section of the Project Profile). All necessary fund transfers will be initiated within __ business days of the campaign end date.
 
e. When you reach your Campaign Deadline, your Funding Request will automatically close and no more Contributions will be accepted for your Project. You may make a new Funding Request any time after the end of your last Funding Request closes. If you reach your Campaign Goal by your Campaign Deadline, ___________________ will pay you a 5% rebate on all funds raised during the campaign. Payments will be included in a funds transfer that will be initiated within __ business days of the campaign end date.
 
f. You may offer non-monetary rewards for Contributions, provided that the offering of such perks is lawful under all applicable laws, including without limitation state and federal securities laws, and otherwise complies with the terms and conditions of this Agreement. You may not edit any perk once published on the site, except for adding new perks or remove non-invested perks.
 
Any Project Funding payments may be subject to verification of the identity of you and the Project Entity, the use of funds, and the timeline of the project. The verification procedure may involve an interview and/or document review if deemed necessary and may vary from time to time in our sole discretion. You and the Project Entity agree that Project Funding may only be used on behalf of the Project, and that Project Funding will not be used for any other purpose. You agree that if at any time while a Funding Request is open or within thirty (30) days of the close of a Funding Request, ___________________ makes a good faith determination that the identity of you or the Project Entity or the timeline of the Project are not as identified in the Project Posting, or that the Project Funding has not been used solely on behalf of the Project, you will promptly refund the entire amount of Project Funding from such Funding Request to the Contributors. We may change the Fundraising Rules at any time upon notice to you. If you do not accept, your sole remedy shall be to terminate your Project Posting.
 
You shall have full responsibility for applicable taxes for all Project Funding paid to you under this Agreement, and for compliance with all applicable labor and employment requirements with respect to your self-employment, sole proprietorship or other form of business organization, and with respect to your employees and contractors, including state worker's compensation insurance coverage requirements and any U.S. immigration visa requirements. You agree to indemnify, defend and hold ___________________ harmless from any liability for, or assessment of, any claims or penalties with respect to such withholding taxes, labor or employment requirements, including any liability for, or assessment of, withholding taxes imposed on ___________________ by the relevant taxing authorities with respect to any Project Funding paid to you.
 
___________________ makes no guarantee regarding the number or amount of Contributions, or the amount of any Project Funding payment to be made to you or the Project Entity under this Agreement.
 
4. User Submissions & Content
 
A. The Site may permit You and other users to add, create, upload, submit, distribute, collect, or post Content (as defined below) in or to the Site (“User Submissions”) and the hosting, sharing and publishing of such User Submissions. The term "Content" shall include, without limitation, any information, videos, audio clips, written comments, information, data, text, photographs, software, scripts, graphics, features and interactive features generated, provided, or otherwise available on the Site or that may become available on the Site, whether by ___________________, its partners & affiliates or by all users of the Site. You understand that ___________________ does not guarantee any confidentiality or authentication with respect to such User Submissions, whether published or not. ___________________ has complete discretion whether or not to publish Your User Submissions. Nevertheless, You shall be solely responsible for Your User Submissions and the consequences of posting or publishing them. ___________________ has the right, but not the obligation, in its sole discretion and without further notice to You, to monitor, censor, edit, remove, delete, and/or remove any and all Content posted on its Site (including User Submissions) at any time and for any reason. Without limiting the foregoing, ___________________ has the right to delete any comment that it believes, in its sole discretion, does or may violate these Terms.
 
B. You represent and warrant that You own or have the necessary rights and permissions to use, and authorize ___________________ to use all Intellectual Property Rights in and to any User Submissions, and to enable inclusion and use thereof as contemplated by the Site and these Terms. “Intellectual Property Rights” means any and all right, title or interest, whether foreign or domestic, in and to any and all trade secrets, patents, copyrights, service marks, trademarks, know-how, or similar intellectual property rights, as well as any and all moral rights, rights of privacy, publicity and similar rights of any type under the laws or regulations of any governmental, regulatory, or judicial authority, foreign or domestic. You retain all of Your ownership rights in Your User Submissions. However, by submitting the User Submissions to the Site, You hereby grant ___________________ a worldwide, non-exclusive, royalty-free, perpetual, sublicenseable and transferable license to use, exploit, reproduce, distribute, prepare derivative works of display, and perform the User Submissions in connection with the Site, the Services and ___________________'s (and any successor in interest's) business, including without limitation for redistributing part or all of the User Submissions (and derivative works thereof) in all media formats, including without limitation to third party websites. You hereby waive any moral rights in Your User Submissions, to the extent permitted by law. You also hereby grant each user of the Site or other viewer of the User Submissions a non-exclusive right to use, reproduce, distribute, prepare derivative works of, display, edit, share via every media, publish and perform such User Submissions.
 
C. You agree that You will not display, post, submit, publish or transmit a User Submission that: (i) is unfair or deceptive under the consumer protection laws of any jurisdiction, including without limitation, chain letters and pyramid schemes; (ii) is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless You are the owner of such rights; (iii) creates a risk to a person’s safety or health, creates a risk to public safety or health, invasive to another's person privacy, compromises national security, or interferes with an investigation by law enforcement; (iv) impersonates another person; (v) promotes illegal drugs, violates export control laws, relates to illegal gambling, illegal arms trafficking; (vi) is unlawful, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, gives rise to civil liability, violates any law, or is otherwise inappropriate; (vii) involves theft, scam, fraud, money laundering or terrorism; or (viii) is otherwise malicious or fraudulent.
 
D. You understand that when using the Site, You will be exposed to User Submissions from a variety of sources, and that ___________________ is not responsible for the accuracy, usefulness, safety or authentication of such User Submissions. You may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and You agree to waive, and hereby do waive, any legal or equitable rights or remedies You may have against ___________________ with respect thereto, and agree to indemnify and hold ___________________, its owners, directors, affiliates, employees, agents and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to Your use of the Site.
 
5. Contributing to Projects
___________________ may provide you the opportunity to make Contributions to Project on the Service. You may contribute to any Project with an open Funding Request in any amount you choose. You may contribute to as many Projects as you like.
 
It is solely your choice to contribute to a Project. You understand that making a Contribution to a Project does not give you any rights in or to that Project, including without limitation any ownership, control, or distribution rights, and that the Project Entity shall be free to solicit other funding for the Project, enter into contracts for the Project, allocate rights in or to the Project, and otherwise direct the Project in its sole discretion. You further understand that nothing in this Agreement or otherwise limits ___________________'s right to enter into agreements or business relationships relating to Projects. ___________________ does not guarantee that any Project's Campaign Goal will be met. Any perks offered to you are between you and the Project Entity only, and ___________________ does not guarantee that perks will be delivered or satisfactory to you. ___________________ does not warrant the use of any Project Funding or the outcome of any Project.
 
Contributions to Projects are nonrefundable. Under certain circumstances ___________________ may, but is under no obligation to, seek the refund of Project Funding if the Project Entity misrepresents the Project or misuses the funds. You acknowledge and agree that all your Contributions are between you, the Project Entity, and the Processor only, and that ___________________ is not responsible for Contribution transactions, including without limitation any personal or payment information you provide to the Processor.
 
___________________ makes no representations regarding the deductibility of any Contribution for tax purposes. Please consult your tax advisor for more information.
 

 

SCHEDULE B

Support Services

SUPPORT SERVICES

Mimoona will provide (i) second tier (“Tier 2”) support services, which support will include loading bug fixes for the Software, and ensuring its functionality and use, and (ii) third tier (“Tier 3”) backup technical support services only to the Licensee and not to Fundraisers or Contributors. These backup technical support services consist of error correction and telephone support during normal business hours concerning the installation and use of the Software.
 
The backup technical support services do not include on-site assistance, installation, training or support for third party products or services. The initial response time herein shall not apply in case of force major, in which Mimoona shall do its best efforts to response.           For the purposes of this Agreement “force majeure” means any cause beyond the reasonable control of the parties including, without limitation, any of the following: (a) act of God; (b) war, insurrection, riot, civil disturbance, acts or attempted acts of terrorism; (c) fire, explosion, flood, storm; (d) theft or malicious damage, including denial-of-service (DoS) attacks; (e) strike, lock-out, or other industrial dispute (whether involving the workforce of the party so prevented or any other party), third party injunction; (f) national defense requirements, acts or regulations of national or local governments (including, without limitation, legislation or other regulation restricting, preventing or otherwise prohibiting the provision or availability of internet-based gaming); or public power shortages; malfunctions or failures in public telecommunication or IT services or breakdown of other public infrastructures
 
7. INCIDENT REPORTING AND RESOLUTION
Licensee shall report any and all problems (“Support Incident(s)”) directly to Mimoona, and Mimoona shall respond in accordance with the following severity levels: