User Agreement - Non-Waiver

The failure or delay of a party to require performance of, or to otherwise enforce,
any term, condition or other provision of this Agreement shall not waive or otherwise limit that party’s
right to enforce, or to pursue remedies for the breach of, any such term, provision or condition. No
waiver by a party of any particular term, condition or provision of this Agreement, including this nonwaiver provision, shall constitute a waiver or limitation on that party’s right to enforce performance of,
or to pursue remedies for the breach of, any other term, condition or provision of this Agreement. Any
waiver of a party’s rights under this Agreement must be contained in a writing signed by the waiving
party.