Common use of Electronic Authentication Clause in Contracts

Electronic Authentication. Pursuant to the Electronic Signatures in Global and National Commerce Act ("E-Sign"), but notwithstanding any applicable Florida statute, regulation, or other rule of law, including enactment of the Uniform Electronic Transactions Act ("UETA"), any affirmative act of VAD indicating acceptance of the terms and conditions contained herein conveyed by means of a digital signature, electronic mail, internet communication or other similar authentication (hereinafter "Electronic Authentication") shall be fully valid, binding and enforceable against VAD, and is conveyed with the full power and authority to make the representations and warranties contained herein. VAD hereby waives any defense of unenforceability of this Agreement based solely on the existence of this Agreement or its endorsement in electronic form. 19. All conditions, limitations, restrictions, and requirements in this Agreement pertaining to and including but not limited to sales, goodwill, insurance, intellectual property rights, warranty limitations, legal compliance requirements, limitations of liability, marketing restrictions, remedies, exporting, and confidentiality, that pertain to VAD must also pertain to SP and thereby must be the subject of substantially similar contract provisions between VAD and SP.