Deltapath Cloud Service Terms of Service

This Deltapath Cloud Service (“DELTAPATH CLOUD”) Terms of Service (the “Agreement”) govern the access to and use of the DELTAPATH CLOUD by each person or entity accessing or using the DELTAPATH CLOUD (“Customer”), and the provision of the DELTAPATH CLOUD by Deltapath, Inc.

1.     DEFINITIONS. For purposes of this Agreement:

1.1   “Authorized User” means an employee of Customer who has been issued a User ID in accordance with Section 3.2(a).

1.2   “Customer Data” means all electronic data, content or other information that is stored or transmitted by Customer or conferencing participants through the DELTAPATH CLOUD or collected and processed by or on behalf of Customer or conferencing participants through the DELTAPATH CLOUD, including without limitation audio files or other sounds, videos, photographs or other images, data files, written text, software, and music that Customer or any conferencing participant submits, displays, or posts on or through a DELTAPATH CLOUD.

1.3   “Documentation” means the most current version of the Deltapath published user manuals (whether in print or electronic form) that relate to the use of the DELTAPATH CLOUD that have been provided (whether directly or through Internet availability) to Customer.

1.4   “Intellectual Property Rights” means any and all worldwide rights in and to any patents, patent applications, copyrights, data rights, trademarks, trade names, service marks, trade secrets, or other similar right.

1.5   “Order” means the Customer order under which Customer purchased the DELTAPATH CLOUD from Deltapath.

1.6   “Service Description” means the formal description of the DELTAPATH CLOUD service sold by Deltapath to Customer and provided by Deltapath.

1.7   “Software” means the software used by Deltapath to provide the DELTAPATH CLOUD.

1.8    “DELTAPATH CLOUD” means the Cloud Service, whether accessed by Customer via video or audio endpoints, unified communications call control applications, provided by Deltapath, described in the applicable Service Description, and purchased by Customer from Deltapath, including hosting of the Software and Customer Data in connection therewith.

1.9   “Commitment Period” means the minimum number of months Customer is legally binded to subscribe service and pay for its monthly recurring fee. Unless specifically stated otherwise in the order, our standard Commitment Period is 24 months.

2.     DELTAPATH CLOUD. Subject to the terms and conditions of this Agreement, Deltapath shall make the DELTAPATH CLOUD available to Customer through its Authorized Users.

3.     ACCESS TO AND USE OF THE Deltapath Cloud.

3.1   Access to the DELTAPATH CLOUD.

a)     Customer Access to the DELTAPATH CLOUD. Customer, through its Authorized Users, may access the DELTAPATH CLOUD, solely for Customer’s internal business purposes in accordance with Customer’s Order, only as permitted by this Agreement. Customer acknowledges and agrees that any breach of the terms and conditions of this Agreement by an Authorized User or any other employee, agent, contractor, or conferencing participant of Customer shall be deemed a breach of this Agreement by Customer. Customer shall make no attempt to, and shall not permit any Authorized User or conferencing participant to, make any attempt to: (i) download, reproduce, copy, alter, adapt, modify, improve, translate, create derivative works from, reverse engineer, disassemble, decompile or otherwise attempt to reveal the source code, trade secrets or know how underlying the Software; (ii) interfere in any manner with the hosting of the DELTAPATH CLOUD; (iii) use the DELTAPATH CLOUD to benchmark or otherwise obtain or develop performance metrics for the DELTAPATH CLOUD or Software; or (iv) sublicense, resell, sublease or transfer any of Customer’s rights under this Agreement or otherwise use the DELTAPATH CLOUD or Software for the benefit of a third party; or (v) use the DELTAPATH CLOUD to develop a product that is similar to the DELTAPATH CLOUD or Software or to operate a service bureau.

b)     Necessary Equipment. Customer shall be solely responsible, at its own expense, for acquiring, installing and maintaining all connectivity equipment, hardware, software and other equipment as may be necessary for it to connect to, access, and use the DELTAPATH CLOUD.

3.2   Use of the DELTAPATH CLOUD.

a)     Security. If applicable, Deltapath will assign each Authorized User a unique Authorized User identification name and password for access to and use of the DELTAPATH CLOUD (“User ID”). Customer shall be responsible for ensuring the security and confidentiality of all User IDs. Customer shall be fully responsible for all liabilities incurred through any use of any User ID (whether authorized or otherwise), and any transactions completed under a User ID will be deemed to have been authorized by Customer. In no event will Deltapath be responsible or liable for the foregoing obligations or the failure by Customer to fulfill such obligations.

b)     Customer Data. Customer grants Deltapath an irrevocable, worldwide license to and authorizes Deltapath to use Customer Data as necessary for Deltapath to provide the DELTAPATH CLOUD and engage in use and disclosure of Customer Data in accordance with the Privacy, Data Collection and Use provisions set forth below. Customer covenants, represents and warrants that it has any and all authorizations and has fulfilled all legal obligations as may be necessary or appropriate for Deltapath’s use as permitted by this Agreement.   Deltapath’s obligation to maintain any Customer Data obtained in the course of performance of the DELTAPATH CLOUD shall not extend beyond the performance of the applicable DELTAPATH CLOUD. Customer authorizes any third party vendor to have access to and to use Customer Data as necessary for Deltapath, or its vendor, to provide the DELTAPATH CLOUD and any related services and more generally to fulfill its obligations to Customer in relation to the provision of the DELTAPATH CLOUD to Customer as well as its obligations to Deltapath.

c)     Certain Obligations and Restrictions. Customer (i) is responsible for ensuring that each Authorized User and conferencing participant is bound by the terms and conditions of this Agreement and for Authorized Users’ and conferencing participants’ compliance with, and any breach of, the terms and conditions of this Agreement, (ii) is responsible for the accuracy, quality and legality of Customer Data and the means by which Customer acquired Customer Data, (iii) will use reasonable efforts to prevent unauthorized use of the DELTAPATH CLOUD or their related systems or networks, and will notify Deltapath promptly of any unauthorized use, and (iv) will use the DELTAPATH CLOUD only in accordance with its Order, the Documentation, and applicable laws and government regulations. Customer will not (A) make the DELTAPATH CLOUD available to anyone other than Authorized Users and their conferencing participants, (B) sell, resell, rent or lease any DELTAPATH CLOUD, (C) interfere with or disrupt the integrity or performance of the DELTAPATH CLOUD or third-party data contained in the DELTAPATH CLOUD, (D) attempt to gain unauthorized access to the DELTAPATH CLOUD or its related Software, systems or networks, or (E) exceed any established usage limits for the DELTAPATH CLOUD.

d)     Acceptable Use Policy. Customer shall at all times ensure that its Authorized Users and conferencing participants adhere to any use policy located at the Customer, Authorized User, and/or conferencing participant DELTAPATH CLOUD portals. Without limiting the foregoing, Customer shall not, and shall not permit any Authorized User or conferencing participant to, store, transmit or otherwise provide Customer Data or other information or content that: (i) infringes or violates any intellectual property rights, publicity/privacy rights, or other third party rights; violates any law or regulation (including without limitation export control laws and regulations and obtaining consent to recordation of communications); or is defamatory, tortious, abusive, threatening, obscene, harmful to minors, obscene or child pornographic; (ii) contains any viruses, worms, time bombs, Trojan horses or other harmful or malicious code, files, scripts, agents, programs or programming routines intended to damage, surreptitiously intercept or expropriate any system, data or personal information; or (iii) is materially false or misleading.

e)     Remedial Action; Suspension of Service. Deltapath shall be entitled, in its discretion, to take remedial action, including without limitation to suspend or terminate Customer’s access to and use of the DELTAPATH CLOUD if (i) Deltapath does not receive all fees related to Customer’s use of the DELTAPATH CLOUD, (ii) Customer or any conferencing participant fails to comply with any term, condition or restriction of this Agreement, or (iii) Deltapath determines that Customer, an Authorized User, or a conferencing participant has used or is using the DELTAPATH CLOUD to transmit or store, or otherwise with respect to, Customer Data or other content or information that Deltapath determines to be objectionable, including without limitation in violation of Section 3.2(c) or Section 3.2(d). Deltapath, however, is under no obligation to review Customer Data or other content or information for accuracy, potential liability, or compliance with these terms and conditions.

4.     DELTAPATH Equipment

Any DELTAPATH Equipment provided to Customer as part of the DELTAPATH CLOUD Service, including servers, gateways, switches, and endpoints, will be either a new or a fully inspected and tested refurbished unit and remains property of Deltapath.

DELTAPATH will repair or replace damaged DELTAPATH Equipment as DELTAPATH deems necessary. You understand that repair or replacement of equipment may delete stored content, reset personal settings or otherwise alter the functionality of such equipment. You will be responsible for payment of service charges for visits by DELTAPATH or its subcontractors to your premises when a service request results from causes not attributable to DELTAPATH or its subcontractors, including, but not limited to, when you are unwilling to complete troubleshooting steps requested by DELTAPATH

If the Equipment was damaged due to your intentional acts, negligence, or use inconsistent with this Agreement, as determined by DELTAPATH, you will be responsible for the price of repair or replacement. Any tampering with the DELTAPATH Equipment, including, for example, opening and attempting to modify the Equipment, or attempting to connect the equipment to other hardware, will be treated as damage due to your intentional acts or negligence. You agree that you will use the equipment only for its intended use, and not for any other purpose. You agree to use appropriate and reasonable care in using any and all Equipment. Tampering with the Equipment, or operating the equipment outside of the permitted operating condition, will be treated as damage due to your intentional acts or negligence.

4.1   Access & Installation of Equipment. You will provide DELTAPATH and its subcontractors with reasonable access to your premises in order to install, maintain, and repair the Service and you authorize any employee (each, an Authorized User for purposes of this Agreement) to grant access to your premises for these purposes. If you do not own your premises or your unit is part of a MTU, you warrant that you have obtained permission from any necessary party, including but not limited to the owner, landlord, or building manager, to allow DELTAPATH and its subcontractors reasonable access to install, maintain, and repair the Service and to make any alterations DELTAPATH deems appropriate for the work to be performed. Without limiting any other provisions of this TOS, you agree to indemnify DELTAPATH from and against all claims by an owner, landlord, building manager, or other party in connection with installation, maintenance, repair, or provision of the Services.

4.2   Power and Uninterrupted Power Supply. The DELTAPATH Equipment requires electrical power from your premises to operate, which you are responsible for providing. backup batteries. Note that DELTAPATH Equipment not connecting to Uninterrupted Power Supply will not function in the event of a loss of customer-supplied power. This will disrupt your DELTAPATH CLOUD Service. DELTAPATH will have no liability for loss of any service(s), whether provisioned by DELTAPATH or a third party, in the event of interruption of customer-supplied power, with or without uninterrupted power supply connected to the DELTAPATH equipment.

4.3   Theft or Misuse. You agree to notify DELTAPATH immediately, in writing or by calling the DELTAPATH customer support line, if the DELTAPATH Equipment is stolen or if you become aware at any time that Services are being stolen or fraudulently used. When you call or write, you must provide a detailed description of the circumstances of the theft, including documentation of theft or fraudulent use of the DELTAPATH Equipment or Services (such as a copy of a police report). You will be responsible for all charges incurred until you report the theft or fraudulent use. You will also be responsible for stolen DELTAPATH Equipment, however, DELTAPATH may in its sole discretion waive or reduce charges upon submission of documentation of theft or other circumstances. Failure to provide notice to DELTAPATH of theft in a timely manner may result in the termination of your Services and additional charges to you. Unless notified otherwise by DELTAPATH, after you report the theft or fraudulent use of the Services, you will remain responsible for paying your monthly fees for Services not stolen or fraudulently used.

4.4   Return of DELTAPATH Equipment. Except as otherwise provided, DELTAPATH Equipment must be returned to DELTAPATH undamaged, within twenty-one (21) calendar days after your Service is terminated for any reason. If equipment is not returned within twenty-one (21) calendar days, or is returned damaged, you will be charged a Non-Return Equipment Fee. We may retain any advance payment or deposit, or portion thereof that previously had not been refunded, if you fail to return the DELTAPATH Equipment within this time period. If all DELTAPATH Equipment is returned within six (6) months of termination, any fees charged for such DELTAPATH Equipment will be refunded (other than fees for damages). No refunds will be made for DELTAPATH Equipment returned more than six (6) months after termination. This Paragraph also applies if your existing equipment is replaced or upgraded for any reason.


5.1   Customer. Subject to the rights granted herein, Customer retains all of its worldwide right, title and interest in and to the Customer Data.

5.2   Deltapath. Subject to the access rights set forth herein, Deltapath and its licensors retain all worldwide right, title and interest in and to the DELTAPATH CLOUD and all software, materials, and Deltapath confidential information made available to Customer via the Internet or otherwise, in connection with the DELTAPATH CLOUD, and all Intellectual Property Rights with respect thereto, including without limitation, the Software, Documentation, and any and all improvements, derivative works, updates, and modifications thereto, whether made in conjunction with this Agreement or otherwise. There are no implied licenses or rights granted by Deltapath under this Agreement; any rights not expressly granted by Deltapath hereunder are reserved.

5.3   Feedback. Customer grants to Deltapath and its Affiliates a royalty-free, fully paid, worldwide, irrevocable, perpetual license to use and incorporate into the DELTAPATH CLOUD any suggestion, enhancement request, recommendation, correction or other feedback provided by Customer or Authorized Users relating to the DELTAPATH CLOUD or the operation thereof.


6.1   Definitions. The terms “Controller”, “Data Subject”, “Personal Data”, “Processor” and “Processing” shall have the meanings given to these terms in applicable data protection, privacy and similar laws and regulations, including without limitation the EU Data Protection Directive 95/46/EC, as implemented into national law and as amended by the EU General Data Protection Regulation (GDPR) (Regulation (EU) 2016/679) when it comes into effect (collectively, “Data Protection Laws”).

6.2   Roles of the parties. Deltapath also may obtain Customer Data as a Processor, when providing the Deltapath Cloud on behalf of Customer. The parties acknowledge that Customer acts as a Controller and has the sole and exclusive authority to determine the purposes and means of the Processing of Personal Data by Deltapath to provision the Deltapath Cloud under this Agreement. Deltapath confirms and warrants that it acts as a Processor and uses, discloses, retains or otherwise Processes the Personal Data only on behalf of and in accordance with the instructions of the Controller, this Agreement, and the Deltapath privacy policy located at The Deltapath privacy policy is expressly incorporated into this Agreement.

6.3   Suppliers and subcontractors. Customer acknowledges and agrees that Deltapath reserves the right to use suppliers and subcontractors including without limitation for processing, hosting and storage of Personal Data.

6.4   Obligations of the parties. Customer confirms and warrants that it will ensure compliance with applicable Data Protection Laws with regard to the Personal Data that is Processed under this Agreement by Deltapath and any supplier or subcontractor, in particular by providing information to, collecting consent of, and providing access to Data Subjects when and as required under applicable law. Each party agrees to cooperate as reasonably requested by the other party to ensure compliance with this Agreement. Should a party fail to cooperate with the other party as reasonably requested, the other party may suspend this Agreement, upon reasonable notice to the party that fails to cooperate.

6.5   International transfers of Personal Data. To provide the Deltapath Cloud, Deltapath may need to transfer Personal Data to recipients in countries other than the country in which the data were originally collected, including without limitation the United States. Customer agrees to such Personal Data transfers and confirms and warrants that it will comply with any requirements under applicable Data Protection Laws with regard to such Personal Data transfers.

6.6   Notice. If applicable law requires that Authorized Users or conference participants must be informed of or must consent prior to any recording of their communications, Customer and/or Authorized Users shall be solely liable for complying with such laws and shall obtain required consent and undertake any necessary formalities prior to using any recording functions.

6.7   Requests from individuals. Deltapath will assist Customer in responding to Data Subjects exercising their rights to their Personal Data processed under this Agreement.

6.8   Security. Each party shall take adequate technical and organizational measures against unauthorized or unlawful processing or further processing of Personal Data, and against accidental loss or destruction of, and damage to, Personal Data.

7      DISCLAIMER. The DELTAPATH CLOUD, Software, Documentation, and all other data and materials made available via the Internet or otherwise provided to Customer in connection with this Agreement by Deltapath are provided “AS IS” and “AS AVAILABLE,” without representations or warranties of any kind. DELTAPATH AND ITS SUPPLIERS MAKE NO WARRANTIES, EXPRESS, IMPLIED, STATUTORY, BY OPERATION OF LAW, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY WARRANTIES ARISING OUT OF COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE. DELTAPATH DOES NOT WARRANT THAT THE SERVICES WILL BE PROVIDED ERROR-FREE, UNINTERRUPTED, SECURE, OR VIRUS-FREE. WITHOUT LIMITING THE FOREGOING, TO THE EXTENT DELTAPATH MAY NOT AS A MATTER OF LAW DISCLAIM ANY WARRANTY, THE PARTIES AGREE THAT THE SCOPE AND DURATION OF ANY SUCH WARRANTY SHALL BE THE MINIMUM PERMITTED UNDER APPLICABLE LAW. Neither Deltapath, nor its third-party service or software providers, shall have any liability whatsoever for the accuracy, completeness, timeliness, security, or integrity of the Customer Data, or for any decision made or action taken by Customer or any conferencing participant in reliance upon any Customer Data. The parties agree and acknowledge that Deltapath shall in no event be held responsible for any problems with the DELTAPATH CLOUD attributable to the public Internet infrastructure or Customer’s ability to be connected to the Internet.

8      LIMITATION OF LIABILITY. IN NO EVENT WILL DELTAPATH (OR ITS SUPPLIERS) BE LIABLE FOR COSTS OF SUBSTITUTE PRODUCTS OR SERVICES OR FOR SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE), INCLUDING, BUT NOT LIMITED TO, DAMAGES THAT RESULT FROM INTERRUPTED COMMUNICATIONS, LOST DATA, OR LOST PROFITS, OR DAMAGES THAT RESULT FROM INCONVENIENCE, DELAY OR LOSS OF USE OF ANY INFORMATION OR DATA OR OF THE DELTAPATH CLOUD OR RELATED PRODUCTS OR SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY HEREIN. Deltapath’s liability arising out of or in connection with this Agreement shall not exceed the amounts actually received by Deltapath for the DELTAPATH CLOUD in the three (3) month period immediately preceding the date the cause of action arose (“Cap”). This Cap is an aggregate for all causes of action and shall not be increased by multiple causes of action subject to the same, or overlapping, three (3) month periods. In addition, Deltapath’s aggregate liability arising out of or in connection with this Agreement, for all causes and claims, shall not exceed the amounts received by Deltapath for Customer’s use of the DELTAPATH CLOUD.

9      INDEMNITY. Customer shall indemnify, defend and hold Deltapath (and its officers, directors, employees, agents and representatives) harmless from all claims, suits, losses, expenses, judgments and liabilities (including Deltapath’s reasonable attorney’s fees) to the extent arising out of (i) breach of this Agreement, including without limitations, the Acceptable Use Policy and Privacy, Data Collection and Use provisions, by Customer or any failure of any Authorized User or conferencing participant to comply with the terms and conditions of this Agreement, including without limitation use of the DELTAPATH CLOUD or any Software other than as permitted by this Agreement or (ii) Customer Data.

10    SUPPORT. Customer is entitled to Deltapath Cloud support services directly from Deltapath. Deltapath shall have responsibility in providing Customer support services associated with the Deltapath Cloud as set forth in the Service Description. Deltapath is not responsible in providing Customer support services related to Customer’s own IT infrastucture including but not limited to, Internet connection, network setup, firewall provisioning, and desktop / mobile device / video endpoint configuration.

11 AUTOMATIC RENEWAL OF SERVICES. Your DELTAPATH CLOUD will automatically renew at the end of the initial Term. Subject to applicable law, each Term shall automatically renew for subsequent periods of the same length as the initial term unless a new pricing is proposed by Deltapath or either party gives the other written or electronic notice of termination at least thirty (30) days, but no more than sixty (60) days, prior to the expiration of the then current term. To cancel any Services, you may contact us by phone or mail as detailed at Certain DELTAPATH CLOUD may include a free trial period commencing at the beginning of the agreed upon Term. If you decide during the trial period that the DELTAPATH CLOUD are no longer needed or wanted, you must contact us to cancel the Services at least twenty (24) hours before the free trial ends.

12    TERMINATION. If Customer terminates the Contract by giving not less than 30 days’ prior notice or before the end of the Commitment Period, the following shall apply:

12.1 the Customer shall pay an early termination charge (“Early Termination Charge”) to Deltapath (as calculated by multiplying the monthly rental for the Service by the remaining months of the Commitment Period, whereby for a period of less than one (1) month shall be regarded as one (1) month for the purpose of such calculation);

12.2 all the outstanding discount, rebate, waiver and free offerings will be forfeited (if applicable) from the date of termination.


13.1 Entire Agreement; Modification; Waiver. This Agreement sets forth the entire understanding and agreement of the parties, and supersedes any and all prior or contemporaneous oral or written agreements or understandings between the parties, as to the subject matter of the Agreement. Deltapath reserves the right, in its sole discretion, to modify this Agreement at any time without further notice. It is Customer’s responsibility to periodically review the current Terms of Service as Customer’s continued use of the DELTAPATH CLOUD after any such changes constitutes Customer’s acceptance of the new Terms of Service. All waivers must be in writing. Any waiver or failure to enforce any provision of this Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion. Deltapath reserves the right, in its sole discretion, to modify or discontinue, temporarily or permanently, the DELTAPATH CLOUD (or any part thereof) at any time without further notice. Customer agrees that Deltapath will not be liable to you or to a third party for any modification, suspension or discontinuance of the DELTAPATH CLOUD.

13.2 Assignment. Either party may assign or transfer this Agreement solely in connection with a transfer of all or substantially all of that party’s business assets, whether by merger, sale of assets, sale of stock or otherwise, provided that the acquiring party agrees in writing to be bound by all the terms hereof. Any other attempted assignment or transfer by Customer in violation of the foregoing will be void.

13.3 Compliance with Laws. Customer represents and warrants that it will comply with all applicable laws and regulations (including but not limited to export regulations), and communications common carrier tariffs, and use the Deltapath Cloud solely for lawful purposes. Deltapath reserves the right to take all actions, including but not limited to termination of the Deltapath Cloud, which it believes necessary to comply with applicable laws and regulations.

13.4 Independent Contractors. The relationship established by this Agreement is that of independent contractors. Customer shall not incur any obligation or commitment on behalf of Deltapath unless specifically approved in writing, in advance by an authorized Deltapath executive.

13.5 Force Majeure. If the performance of this Agreement, or any obligation hereunder, except the making of payments hereunder, is prevented, restricted or interfered with by any act or condition whatsoever beyond the reasonable control of the affected party, including, but not limited to, acts of God, acts of civil or military authority, third party illegal activity, failure or interruption of utilities, fires, floods, earthquakes, riots, wars, sabotage, computer hacking or computer crime, or governmental actions, the party so affected, upon giving prompt notice to the other party, shall be excused from such performance to the extent of such prevention, restriction or interference.

13.6 Governing Law; Venue. This Agreement will be governed by the laws of the State of California, USA, without giving effect to any choice of law principles that would require the application of the laws of a different state. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. Any action or proceeding arising from or relating to this Agreement must be brought exclusively in a court of competent jurisdiction, federal or state, located within the City and County of San Francisco, California, and in no other jurisdiction. The parties hereby consent to personal jurisdiction and venue in, and agree to service of process issued or authorized by, such court. This Agreement shall be written and construed in the English language. Notwithstanding the foregoing, either party may bring action for injunctive relief in any jurisdiction pending final disposition of the dispute.

13.7 Notice. Except as otherwise specified, all notices shall be in writing and may be delivered by fax, post mail, or overnight delivery service, to the address indicated on the first page of this Agreement or to such other address as the parties shall specify by written notice. Any such notices to Deltapath shall be sent to the attention of the Chief Financial Officer, with a copy sent to the General Counsel.

13.8 Severability. If any provision of this Agreement is adjudicated to be unenforceable, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect. 


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