Cloud Marketplace Editions · v2026.1 Last revised 27 August 2026
This End User License Agreement (this “Agreement”) is between Server General, Inc., a Delaware corporation with its principal place of business at 865 Merrick Road, Suite 204, Baldwin, NY 11510 (“Server General”), and the entity that acquires a license to the Software through Cloud Marketplace (“Customer” or the “Org”).
By deploying, accessing, or using the Software, Customer accepts this Agreement. If Customer is accepting on behalf of an entity, Customer represents that it has authority to bind that entity.
Defined terms are listed alphabetically and are capitalized wherever they appear. A definition may use another defined term before the paragraph that defines it; the alphabetical order does not imply an order of precedence or dependency.
“Attestation Record” means the signed, per-object evidence artifact the Software generates for a transfer, together with the cryptographic chain linking such artifacts.
“Cloud Marketplace” means Google Cloud Marketplace.
“Customer Cloud Account” means a cloud provider account, project, or subscription that Customer owns or controls.
“Customer Data” means any data, content, or files that Customer transfers, stores, or processes using the Software, together with all metadata describing that data.
“Default Entitlement” means the Entitlement published on the Cloud Marketplace listing for the edition Customer acquired. It is the Entitlement that applies to a license acquired at the published list rate, absent a Private Offer.
“Entitlement” means a grant record held by a Unit that sets the ceilings for licenses issued from it: the maximum Pipelines, the permitted source and destination clouds, the maximum number of Instances, the enabled features, the term, and the grace period. An Entitlement attaches to a Unit, and a Unit may hold more than one. An Entitlement establishes what a License File issued from it may contain; it is not itself the capacity in force at an Instance.
“Instance” means one deployed copy of the Software — a single virtual machine running the Software’s control plane — identified by its install identifier. Under this Agreement an Instance is deployed within a Customer Cloud Account on Google Cloud.
“License File” means the cryptographically signed credential Server General issues for an Instance, minted from one of that Instance’s Unit’s Entitlements and bound to that Instance’s install identifier. The License File carries the capacity and permissions that Instance actually enforces, which may be at or below the ceilings of the Entitlement it was issued from. (Referred to as the “license” in Server General’s technical documentation; called the License File here to distinguish it from the license granted in Section 3.)
“Marketplace Agreement” means the Google Cloud Marketplace Terms of Service together with the applicable Order or Private Offer under which Customer acquires the Software. Google is a party to the Marketplace Agreement; Server General is not.
“Order” means a Cloud Marketplace subscription under which Customer acquires the Software. An Order is distinct from an Entitlement: an Order governs what Customer is billed, an Entitlement governs what the Software permits.
“Org” means the legal entity that acquires the Software under this Agreement. The Org is the Customer.
“Pipeline” means a directional data-movement channel: one source cloud and region to one destination cloud and region. A Pipeline moves data one way; bidirectional movement requires two Pipelines. A source and destination within the same cloud is permitted. A Pipeline is provisioned standing infrastructure, not a single transfer job.
“Private Offer” means a Cloud Marketplace private offer — a negotiated pricing agreement targeting Customer’s Cloud Billing account.
“Service Data” means the limited operational data described in Section 6. Service Data expressly excludes Customer Data.
“Software” means Transfer General in the edition Customer acquired, together with its documentation and any updates Server General makes available.
“Unit” means a business unit within the Org, and is the level at which an Entitlement is granted. An Org may have one Unit or many.
2.1 What each document governs. Customer acquires the Software through Cloud Marketplace. The commercial terms of that transaction — price, billing, invoicing, payment, term length, renewal, and refunds — are governed by the Marketplace Agreement. This Agreement governs Customer’s use of the Software and nothing else.
2.2 Scope. This Agreement does not vary the Marketplace Agreement. A commercial matter described in Section 2.1 is governed by the Marketplace Agreement and this Agreement does not apply to it. Matters concerning the Software’s function, Customer Data, and Server General’s data protection obligations are governed by this Agreement, which the Marketplace Agreement does not address.
2.3 No separate order form. No signed order form, purchase order, or quotation is required for this Agreement to take effect, and no such document issued by Customer will add to or vary these terms.
2.4 Payment for the Software. Fees for a license acquired through Cloud Marketplace are billed and collected through Cloud Marketplace under the applicable Marketplace transaction, and Customer’s payment obligation for the Software is governed by that transaction. Server General does not separately invoice Customer for a Marketplace-acquired license.
Nothing in this Section limits any right Server General has in respect of a license acquired other than through Cloud Marketplace, or in respect of any product or service Server General supplies directly to Customer under a separate agreement.
2.5 Google’s charges are separate and additional. The rate Customer pays for the Software does not include Google’s own charges. Customer pays Google directly for all Google Cloud infrastructure and service charges arising from deploying and operating the Software — including compute, storage, network egress, key management, and the cloud providers’ own data-transfer services — and for equivalent charges from any other cloud provider Customer connects. Server General does not receive, set, or control those charges.
3.1 Grant. Subject to this Agreement and to Customer’s Entitlement, Server General grants Customer a non-exclusive, non-transferable, non-sublicensable license, for the term established by the Marketplace Agreement, to deploy and use the Software for Customer’s internal business purposes.
3.2 How capacity is enforced. Each Instance enforces only the capacity carried in its own License File.
3.3 Affiliates. Customer may permit its Affiliates to use the Software under this Agreement, provided Customer remains responsible for their compliance. “Affiliate” means an entity controlling, controlled by, or under common control with Customer.
3.4 Contractors. Customer may permit its contractors and professional services providers to use the Software on Customer’s behalf and for Customer’s benefit, subject to the restrictions in Section 10.
3.5 Default Entitlement, and how Entitlement is varied. A license acquired at the published Cloud Marketplace list rate carries the Default Entitlement stated on the listing for that edition. Customer’s Entitlement may be varied, upward or downward, only by a Private Offer or other written agreement between the parties. The Entitlement in force at any time is the one carried in the License File issued to Customer’s Instance under Section 4.1, and each Instance enforces the License File it holds. The Cloud Marketplace listing and any accepted Private Offer establish the Entitlement Server General is obliged to issue. If a License File is inconsistent with those terms, Server General will correct or replace it; until it does, the Instance enforces the License File it holds.
3.6 Rate and Entitlement are set separately. Customer should understand that the rate Customer pays and the Entitlement Customer holds are established by two different mechanisms. The rate is set through Cloud Marketplace and billed by Google under the Marketplace Agreement. The Entitlement is set by this Agreement and delivered in the License File Server General issues. A change to one does not automatically change the other: acquiring the Software at any rate, including under a Private Offer, does not by itself alter Customer’s Entitlement, and a change in Entitlement does not by itself alter the rate Google meters.
3.7 Ownership. As between the parties, Server General owns the Software and its documentation, and Customer owns Customer Data, Customer’s configurations, and the Attestation Records generated by Customer’s Instances. Each party reserves all rights not expressly granted. Open source components remain governed by their own licenses, as stated in Section 18.3.
4.1 How licensing works. Server General issues a License File for each Instance, minted from one of that Instance’s Unit’s Entitlements and cryptographically bound to that Instance. The License File carries that Instance’s capacity and an expiration date, and that expiration will not extend beyond the end of the term of the Entitlement it was issued from. Because expiration is set per License File, Instances within a Unit expire on their own dates and there is no single Unit-wide expiration.
4.2 Enforcement is offline. An Instance validates its License File locally and enforces what that File carries. No call to Server General is made or required for that decision. An Instance deployed in an isolated, restricted-egress, or disconnected network will operate for the full term of a validly issued License File.
4.3 Acquiring and renewing a License File is online. Enforcement being offline does not mean the Instance never contacts Server General. An Instance obtains and renews its own License File from Server General’s license service by presenting an instance identity token, and renewals occur automatically before expiry.
When it does so, the Instance transmits to Server General only: (a) the instance identity token, (b) the Entitlement identifier, and (c) the Software version. It transmits no Customer Data, no configuration, no transfer history, no object names, no bucket identifiers, and no Attestation Records.
4.4 Grace period. If a License File expires, the Instance continues to operate for a grace period, during which a renewed License File may be obtained. The grace period is set by Server General and is seven (7) days unless a different period is stated in the License File, which governs. Server General will not remotely disable, degrade, or terminate a running Instance.
4.5 The Federal edition issues and renews offline. Section 4.3 describes the Commercial edition. In the Federal edition, both first issuance and renewal of the License File are performed offline. A Federal Instance makes no outbound call to Server General at any point in the license lifecycle — not to obtain a License File, not to renew one, and not to enforce one. A Federal Instance can therefore be deployed and operated in an air-gapped or fully egress-restricted environment for the full term of its License File, with no runtime network dependency on Server General. Issuance and renewal are performed out of band and require Server General’s participation, and Customer is responsible for obtaining and applying a valid License File before expiration.
4.6 No remote kill. Server General has no capability to remotely disable, suspend, throttle, or alter a deployed Instance, and will not attempt to acquire one. Enforcement of this Agreement is a contractual remedy, not a technical one.
4.7 What happens if a License File is not renewed. If a License File is not renewed, the Instance continues to operate normally until the expiration carried in that License File, and then for the grace period described in Section 4.4. At the end of that period the Instance will no longer execute Pipeline transfers.
Customer retains access to every Attestation Record already written to Customer’s WORM storage.
This Section states the architectural commitment on which the Software’s compliance posture depends. It is a material term.
5.1 Server General does not access Customer Data. The Software does not send Customer Data to Server General, to any Server General system, or to any Server General subprocessor, at any time, for any purpose, including support. Server General does not access, collect, store, process, or retain Customer Data. Support does not require Customer Data, and Customer must not submit it.
5.2 The Software runs in Customer’s own accounts. The Software’s control plane and data plane both execute entirely within Customer Cloud Accounts. Customer Data moves between storage locations that Customer controls. Any intermediate staging or landing location used during a transfer is itself within a Customer Cloud Account. Server General operates no data plane, no staging or landing infrastructure, and no multi-tenant environment through which Customer Data passes.
5.3 Server General holds no data encryption keys and cannot decrypt. Encryption keys used to protect Customer Data are generated, held, and controlled under Customer’s own key management service. Server General has no access to those keys. Server General cannot decrypt, read, reconstruct, or recover Customer Data under any circumstance — including at Customer’s own request, and including in response to a subpoena, warrant, court order, or other legal demand.
5.3.1 The attestation signing key is a different key, and it is not a data key. Attestation Records are signed with a dedicated signing key that has no role in encrypting or decrypting Customer Data and cannot be used to read it. That signing key is held in Customer’s own key management service in every edition of the Software. Signing is performed locally by the Instance. Server General has no role in attestation signing, holds no attestation signing key, and is not required to be contacted in order to generate or to verify an Attestation Record. Server General holds a separate key used to sign License Files. That key signs no Attestation Record, protects no Customer Data, and cannot decrypt anything.
In both editions signing occurs locally on the Instance. No Customer Data, no object identifier, and no Attestation Record is transmitted to Server General in order to sign or to verify.
5.4 Compelled disclosure. Because Server General holds no Customer Data and no keys, it has nothing responsive to produce in response to a governmental or third-party demand for Customer Data. If Server General receives such a demand, it will, unless legally prohibited, promptly notify Customer and direct the requesting party to Customer.
5.5 Attestation Records belong to Customer. Attestation Records are Customer Data. They are generated within Customer Cloud Accounts and written to storage Customer controls, including WORM-retained storage where Customer configures it. Server General retains no copy.
5.6 Customer’s evidence survives this Agreement. Attestation Records are self-describing and independently verifiable using published formats and public keys. Customer can read and verify its Attestation Records without the Software, without an active license, and without any involvement by Server General, during the term and after it ends for as long as Customer retains them. Nothing in this Agreement, and no expiry, suspension, or termination, will impair Customer’s access to or use of its own Attestation Records.
5.7 No data return or deletion obligation. Because Server General holds no Customer Data, there is nothing for Server General to return or delete on termination. Customer’s data and evidence remain where they have always been: in Customer’s own accounts.
5.8 Support. Server General provides support without access to Customer Data. Where diagnosis requires operational detail, Customer decides what to share and may redact freely. Server General will not request Customer Data, credentials, or key material, and Customer should not provide them.
6.1 What Server General does collect. Server General collects only the following (“Service Data”):
Entitlement and licensing records — the identity of the licensed entity, Instance identifiers, Entitlement parameters, license issuance and renewal events, and Software version;
Support communications — the contents of support requests Customer chooses to submit, and Server General’s responses; and
Business contact information — names, business email addresses, and business telephone numbers of Customer’s administrators and authorized contacts.
6.2 What Service Data is not. Service Data does not include Customer Data, object names or paths, transfer contents, transfer volumes, source or destination bucket identifiers, Attestation Records, encryption keys, or cloud credentials.
6.3 Use. Server General uses Service Data only to issue and administer licenses, provide support, meet its legal obligations, and maintain the Software. Server General will not sell Service Data and will not use it for advertising.
7.1 Roles. With respect to Customer Data, Server General is neither a controller nor a processor, because it performs no processing of Customer Data as described in Section 5. Entitlement and licensing records under Section 6.1(a) identify entities, Instances and commercial terms rather than individuals, and are not personal data. With respect to the personal data contained in support communications and business contact information under Sections 6.1(b) and 6.1(c), Server General acts as an independent controller for the limited purposes stated in Section 6.3.
7.2 Processor commitments for Service Data. Where Server General processes personal data contained in Service Data, Server General will: (a) process it only on Customer’s documented instructions, of which this Agreement is one; (b) ensure persons authorized to process it are bound by confidentiality; (c) implement appropriate technical and organizational security measures; (d) engage subprocessors only under written terms no less protective than these, and maintain a current subprocessor list on the Marketplace listing with at least thirty (30) days’ notice of changes and a right for Customer to object on reasonable data protection grounds; (e) assist Customer, taking into account the nature of the processing, with data subject requests and with Customer’s obligations under Articles 32 to 36 of the GDPR; (f) notify Customer without undue delay after becoming aware of a personal data breach affecting Service Data; (g) delete or return Service Data at the end of the term, subject to legal retention requirements; and (h) make available information reasonably necessary to demonstrate compliance with this Section.
7.3 International transfers. Where Server General’s processing of the personal data described in Section 7.1 involves a transfer out of the EEA, Switzerland, or the United Kingdom, the parties will put in place the transfer mechanism required by applicable law. No Customer Data is transferred, and Entitlement and licensing records are not personal data, so neither requires a transfer mechanism.
7.4 Protected health information. Because Server General does not access, store, or process Customer Data, Server General is not a business associate with respect to protected health information Customer transfers using the Software, and no business associate agreement is required for that activity. Customer must not include protected health information in support communications.
8.1 Support. Server General will provide support for the Software during Server General’s business hours at no additional charge, in accordance with its then-current support policy published on the Marketplace listing. Support outside business hours, and any other support arrangement, may be agreed separately in writing. Support is provided without access to Customer Data, as described in Section 5.8.
8.2 Updates. Server General may make updates available through the Marketplace. Customer controls when to apply them. Server General will not update, patch, or modify a deployed Instance without Customer’s action.
8.3 Deprecation. Server General will give at least twelve (12) months’ notice before discontinuing the Software or making a backward-incompatible change to the Attestation Record format or its verification method, and at least six (6) months’ notice for all other features. A shorter period applies where required by law, where necessary to address a security vulnerability, or where Cloud Marketplace or a third-party platform on which the Software depends is discontinued or made unavailable by an act outside Server General’s reasonable control.
Verification of Attestation Records already generated does not depend on Server General’s continued operation, on the Software remaining available, or on this Agreement remaining in force.
9.1 Limited warranty. Server General warrants that, for ninety (90) days from Customer’s first deployment, the Software will conform materially to its documentation. Customer’s exclusive remedy for breach is repair, replacement, or — if neither is commercially practicable — Server General’s cooperation with Customer in obtaining a refund of unused fees from Google.
9.2 Attestation — what is warranted. Server General warrants that (a) an Attestation Record generated by an Instance running unmodified Software is cryptographically valid and verifiable using the published verification method; (b) an Instance running unmodified Software will not execute a Pipeline transfer without generating an Attestation Record for that transfer; and (c) an Attestation Record generated by an Instance running unmodified Software accurately states the checksums, the comparison result, and the other values the Software computed or observed at the verification points described in the documentation. Section 9.3 states the limits of this warranty and is part of it.
9.3 Attestation — what is not warranted. An Attestation Record proves what the Software observed and signed. It does not establish that those observations were themselves truthful where Customer’s environment, credentials, key management service, storage, or infrastructure-as-code has been compromised or modified. It is not a representation, warranty, or guarantee as to the integrity, authenticity, provenance, confidentiality, or completeness of Customer Data.
The Software operates inside Customer Cloud Accounts, using Customer’s credentials, Customer’s key management service, and Customer’s storage. Server General does not control that environment and has no visibility into it. Server General accordingly makes no warranty that Attestation Records, or the Software, cannot be defeated, falsified, bypassed, or rendered misleading by:
any person or process holding privileged access to Customer Cloud Accounts, credentials, keys, or infrastructure, including Customer’s own personnel and contractors;
modification of Customer Data, or of source or destination storage, before, during, or after a transfer by any means other than the Software;
misuse, compromise, or misconfiguration of Customer’s key management service; or
any attack, technique, or failure mode not known to Server General.
Section 9.2(b) applies only to transfers performed by the Software. It is not a representation that Customer Data cannot move by other means. Customer retains direct administrative access to its own cloud accounts, to the cloud providers’ native transfer services, and to the infrastructure-as-code used to provision Pipelines, and may move data using them without the Software and without an Attestation Record.
Securing Customer Cloud Accounts, credentials, keys, and personnel access is Customer’s responsibility. Customer acknowledges that the Software is an evidence-recording system and not an access control, and that no evidence system can be stronger than the environment in which it runs.
9.4 Disclaimer. EXCEPT AS STATED IN SECTIONS 9.1, 9.2, AND 9.3, THE SOFTWARE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SERVER GENERAL DOES NOT WARRANT THAT THE SOFTWARE WILL BE ERROR-FREE OR UNINTERRUPTED.
Customer will not, and will not permit any third party to:
reverse engineer, decompile, or disassemble the Software, except to the extent that restriction is unenforceable under applicable law;
circumvent, disable, or alter the Software’s Entitlement enforcement or its Attestation Record generation, signing, or chaining;
alter, forge, or misrepresent an Attestation Record, or present a record generated by a modified Instance as one generated by the Software;
provide the Software to third parties on a service bureau, time-sharing, or managed-service basis, except as permitted by Section 3.4;
remove or obscure proprietary notices; or
export or re-export the Software in violation of U.S. export control laws, including the Export Administration Regulations and the sanctions programs administered by the Office of Foreign Assets Control.
11.1 The Software. The Software incorporates encryption. Customer will not export, re-export, or transfer the Software, or permit its use, in violation of U.S. export control laws, including the Export Administration Regulations and the sanctions programs administered by the Office of Foreign Assets Control.
11.2 Endpoints are Customer’s choice; the transport path is not. Customer alone selects the source and destination of every Pipeline, including the cloud, region, and jurisdiction at each end. Customer is responsible for determining whether the endpoints it selects result in a controlled export of Customer Data and for obtaining any authorization required.
Neither Customer nor Server General selects or controls the network path between those endpoints. Once a transfer is initiated, the route taken — including any intermediate infrastructure or jurisdiction traversed — is determined by the cloud providers’ own transfer and network services. Server General makes no representation about that path, cannot observe it, and cannot restrict it. The Software does not evaluate, and cannot evaluate, the export status of Customer Data.
11.3 ITAR-controlled data. Customer will not use the Software to process, store, or transfer any Customer Data that is subject to the International Traffic in Arms Regulations.
The Software is a data management tool. It is not designed for use as a control component in systems where failure would directly cause death, personal injury, or severe environmental damage — such as aircraft navigation, nuclear facility control, life support, or weapons guidance systems — and Customer will not use it in that manner.
For the avoidance of doubt, this Section does not restrict use of the Software by government, defense, intelligence, law enforcement, healthcare, or emergency services organizations for data transfer, data management, records, archival, or compliance purposes.
13.1 Cap. EXCEPT AS PROVIDED IN SECTION 13.3, EACH PARTY’S TOTAL AGGREGATE LIABILITY ARISING OUT OF THIS AGREEMENT WILL NOT EXCEED THE AMOUNTS ACTUALLY RECEIVED BY SERVER GENERAL IN RESPECT OF CUSTOMER’S LICENSES FOR THE SOFTWARE IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
13.2 Excluded damages. EXCEPT AS PROVIDED IN SECTION 13.3, NEITHER PARTY WILL BE LIABLE FOR INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS OR LOST REVENUE, EVEN IF ADVISED OF THE POSSIBILITY.
13.3 Exclusions from the cap. Sections 13.1 and 13.2 do not apply to: (a) Customer’s breach of Section 10; (b) fraud or willful misconduct; or (c) liability that cannot be limited under applicable law.
13.4 Allocation of risk. The parties acknowledge that these limitations allocate risk between them and that pricing reflects that allocation.
14.1 By Server General. Server General will defend Customer against any third-party claim that the Software infringes a U.S. patent, copyright, or trade secret, and will pay damages finally awarded or amounts in an approved settlement, provided Customer promptly notifies Server General, gives Server General sole control of the defense, and provides reasonable cooperation.
14.2 Exclusions. Section 14.1 does not apply to claims arising from (a) modification of the Software by anyone other than Server General, (b) combination with products not supplied by Server General where the claim arises from the combination, (c) continued use after notice of an available non-infringing version, or (d) Customer Data.
14.3 Remedies. If the Software is or may become subject to an infringement claim, Server General may procure the right for Customer to continue using it, replace or modify it to be non-infringing, or terminate the license and cooperate with Customer in obtaining a refund of unused fees from Google.
Each party will protect the other’s confidential information with at least reasonable care and will not disclose it except to personnel and advisors with a need to know who are bound by confidentiality obligations. The Software and its documentation are Server General’s confidential information. Customer’s configurations, transfer topology, and operational information are Customer’s confidential information. These obligations do not apply to information that is public through no fault of the receiving party, independently developed, or rightfully received from a third party, and do not prevent disclosure required by law where the receiving party gives reasonable advance notice.
16.1 Term. This Agreement begins when Customer first deploys the Software and continues for the term established by the Marketplace Agreement.
16.2 Renewal and end of term. Renewal, non-renewal, and any change in pricing at the end of a term are governed by the Marketplace Agreement. Server General makes no representation that any Order or Private Offer will renew automatically, and Customer should review the Marketplace Agreement for what occurs at the end of the term.
16.3 Termination for breach. Either party may terminate for the other’s material breach that remains uncured thirty (30) days after written notice.
16.4 Effect of termination. On termination, Customer’s license to deploy and use the Software ends and Customer will cease use. Sections 5.5 through 5.7 survive: Customer retains its Customer Data and its Attestation Records, and retains the ability to verify those records independently. Sections 5, 6, 7, 9.4, 10, 11, 13, 14, 15, and 17 survive termination.
17.1 Self-certification. On Server General’s written request, not more than once in any twelve-month period, Customer will certify in writing that its deployment conforms to its Entitlement. The Software’s built-in entitlement reporting is sufficient to produce that certification.
17.2 No on-site audit for Marketplace-acquired licenses. For a license acquired through Cloud Marketplace, Server General will not require an on-site audit, an inspection of Customer’s systems, or access to Customer Cloud Accounts. If a certification indicates use beyond Entitlement, the parties will discuss in good faith and Customer will either reduce use or acquire additional Entitlement through Cloud Marketplace.
Nothing in this Section limits any inspection, audit, or verification right Server General has in respect of a license acquired other than through Cloud Marketplace, or under a separate agreement between the parties.
18.1 Governing law. This Agreement is governed by the laws of the State of New York, excluding its conflict of laws rules and the United Nations Convention on Contracts for the International Sale of Goods.
18.2 Assignment. Neither party may assign this Agreement without the other’s consent, except to a successor in connection with a merger or sale of substantially all assets, on notice.
18.3 Open source. The Software includes open source components licensed under their own terms, listed at the URL given on the Marketplace listing. Those terms govern those components. Nothing in this Agreement limits any right Customer has under an open source license.
18.4 Publicity. Neither party will use the other’s name or marks in publicity without prior written consent.
18.5 Feedback. If Customer provides suggestions for improving the Software, Server General may use them without restriction or obligation.
18.6 Entire agreement. This Agreement, together with the Marketplace Agreement, is the entire agreement on its subject matter and supersedes all prior discussions, including the Server General Master Terms and Conditions with respect to the Software. Amendments must be in writing and signed by both parties.
18.7 Severability. If a provision is held unenforceable, it will be modified to the minimum extent necessary and the remainder will continue in effect.
18.8 Independent contractors. The parties are independent contractors. Nothing creates a partnership, agency, or joint venture.
19.1 Application. This Section applies where Customer is an agency or instrumentality of the United States Government, and modifies the Sections named below for that Customer only.
19.2 Governing law. Section 18.1 does not apply. Claims arising out of or relating to this Agreement are governed by the laws of the United States, excluding its conflict of laws rules.
19.3 Confidentiality. Section 15 does not restrict disclosure required by the Freedom of Information Act or a comparable federal, state, or local disclosure law, and no advance notice is required for such a disclosure.
19.4 Assignment. Section 18.2 does not apply.
19.5 Commercial computer software. The Software is commercial computer software and is licensed on the terms of this Agreement in accordance with FAR 12.212 and, for Department of Defense acquisitions, DFARS 227.7202. No rights greater than those stated in this Agreement are conveyed, and no additional rights are required to be conveyed.
19.6 Limits of authority. Nothing in this Agreement obligates Customer beyond the authority of its contracting officer or beyond funds duly appropriated and available. No individual employee of Customer assumes personal liability under this Agreement.