Common use of Determination of Requirements Clause in Contracts

Determination of Requirements. Customer shall be solely responsible for determining and familiarizing itself with – and seeking its own legal counsel regarding – all United States, foreign, international, national, state, provincial, territorial, municipal, local, or other laws, regulations, codes, ordinances, treaties, conventions, writs, decrees, resolutions, promulgations, or court or administrative orders or rulings (“Laws”); contractual obligations; Foreign Requirements; network/wireless carrier requirements; and industry-standard frameworks (such as the Mobile Marketing Association Guidelines in the case of texting) (collectively, “Requirements”) that might apply to Customer Use or the use and/or transport of Ordered Equipment, which such Requirements might include without limitation domestic and/or foreign Laws relating to: (i) the import or export of goods, equipment, technologies, data, or other materials; (ii) marketing, solicitation, business practices, or telecommunications or electronic communications (collectively, “Marketing Laws”), such as the US Telephone Consumer Protection Act of 1991 (the TCPA) (which significantly restricts telephone solicitations (i.e., telemarketing) and the use of automatic dialing systems, artificial or pre-recorded voice messages, SMS text messages, and facsimile communications) and Canada’s Anti-Spam Legislation (CASL); (iii) privacy, or the security or protection of personal data or other categories of data (“Data Protection Laws”); and (iv) surveillance; the monitoring or recording of conversations, communications, or other activities; or wiretapping (“Monitoring Laws”), which such Laws may require advance notice or consent for such activities and may be implicated by certain uses or features of the SaaS Services, such as Barge-Monitor-Whisper and Quality Management (which allows certain Agents to monitor other Agents’ computer activities). 8x8 shall have no obligation to provide legal advice of any kind to the Customer Parties, and the Customer Parties shall not treat or rely on any statements, communications, or materials of the 8x8 Parties as such.

Determination of Requirements. Customer shall be solely responsible for determining and familiarizing itself with – and seeking its own legal counsel regarding – all United States, foreign, international, national, state, provincial, territorial, municipal, local, or other laws, regulations, codes, ordinances, treaties, conventions, writs, decrees, resolutions, promulgations, or court or administrative orders or rulings (“Laws”); contractual obligations; Foreign Requirements; network/wireless carrier requirements; and industry-standard frameworks (such as the Mobile Marketing Association Guidelines in the case of texting) (Laws and all of the foregoing collectively, “Requirements”) that might apply to Customer Use or the use and/or transport of Ordered Equipment, which such Requirements might include without limitation domestic and/or foreign Laws relating to: (i) the import or export of goods, equipment, technologies, data, or other materials; (ii) marketing, solicitation, business practices, or telecommunications or electronic communications (collectively, “Marketing Laws”), such as the US Telephone Consumer Protection Act of 1991 (the TCPA) (which significantly restricts telephone solicitations (i.e., telemarketing) and the use of automatic dialing systems, artificial or pre-recorded voice messages, SMS text messages, and facsimile communications) and Canada’s Anti-Spam Legislation (CASL); (iii) privacy, or the security or protection of personal data or other categories of data (“Data Protection Laws”); and (iv) surveillance; the monitoring or recording of conversations, communications, or other activities; or wiretapping (“Monitoring Laws”), which such Laws may prohibit or require advance notice or consent for such activities and may be implicated by certain uses or features of the SaaS Services, such as Barge-Monitor-Whisper and Quality Management (which allows certain Agents to monitor other Agents’ computer activities). 8x8 shall have no obligation to provide legal advice of any kind to the Customer Parties, and the Customer Parties shall not treat or rely on any statements, communications, or materials of the 8x8 Parties as such.

Determination of Requirements. Customer shall be solely responsible for determining and familiarizing familiarising itself with – and seeking its own legal counsel regarding – all United States, foreign, international, national, state, provincial, territorial, municipal, local, or other laws, regulations, codes, ordinances, treaties, conventions, writs, decrees, resolutions, promulgations, or court or administrative orders or rulings (“Laws”); contractual obligations; Foreign Requirements; network/wireless carrier requirements; and industry-standard frameworks (such as as, in the case of the United States, the Mobile Marketing Association Guidelines in the case of texting) (collectively, “Requirements”) that might apply to Customer Use or the use and/or transport of Ordered Equipment, which such Requirements might include without limitation Laws (both domestic and/or foreign Laws foreign) relating to: (i) i. the import or export of goods, equipment, technologies, data, or other materials; ii. (ii) marketing, solicitation, business practices, or telecommunications or electronic communications (collectively, “Marketing Laws”), such Laws may include, without limitation, Applicable Data Protection Law (including as applicable the US Data Protection Act 2018, the GDPR, the Data Retention (EC Directive) Regulations 2009, the Privacy and Electronic Communications Regulations 2003 (including the prohibition on making unsolicited or direct marketing calls to any subscriber to the Telephone Preference Service), the Communications Act 2003, the Investigatory Powers Act 2016, the Consumer Protection Act of 1991 (the TCPA) (which significantly restricts telephone solicitations (i.e., telemarketing) from Unfair Trading Regulations 2008 and the use of automatic dialing systems, artificial or pre-recorded voice messages, SMS text messages, Ofcom’s policy on silent and facsimile communications) and Canada’s Anti-Spam Legislation (CASL)abandoned calls; (iii) privacy, or the security or protection of personal data or other categories of data (“Data Protection Laws”); and (iv) . surveillance; the monitoring or recording of conversations, communications, or other activities; or wiretapping (“Monitoring Laws”), which such Laws may require advance notice or consent for such activities and may be implicated by certain uses or features of the SaaS Services, such as Barge-Barge- Monitor-Whisper and Quality Management (which allows certain Agents Users to monitor other AgentsUsers’ computer activities). 8x8 shall have no obligation to provide legal advice of any kind to the Customer Parties, and the Customer Parties shall not treat or rely on any statements, communications, or materials of the 8x8 Parties as such.