Genspark, Inc. Master Subscription Agreement (Team Plan)

Version October 28th, 2025

This Master Subscription Agreement only applies to use of Genspark Team Plan.

This Master Subscription Agreement (this "Agreement") is entered as of the date (the "Effective Date") this Agreement is entered into by Genspark Inc. ("Genspark") and the organization agreeing to these terms (the "Customer"). Customer represents it is lawfully able to enter into this Agreement and, if an individual is entering into the Agreement for an entity, that it has legal authority to bind that entity. By clicking "I agree," and making a purchase of a subscription for Services, or using the Services (as defined below), Customer agrees to this Agreement.

WHEREAS, Genspark develops and commercializes a suite of AI agent software tools that it makes available to customer on a subscription basis; and

WHEREAS, Customer wishes to obtain a subscription to the Services.

NOW THEREFORE, the parties agree as follows:

1. DEFINITIONS

1.1 "Affiliate" means an entity controlling, controlled by or under common control with a party to this Agreement at any time during the term of this Agreement, for so long as such ownership and control exists, provided such entity is not a competitor to Genspark or in the business of developing and offering products or technologies that are substantially similar to the Service.

1.2 "Customer Data" means all data in Customer's databases provided to Genspark by Customer via the Services and (b) all analysis and/or results provided to Customer by Genspark for such data via the Services.

1.3 "Services" means the customer-facing services, implementation services, support, Software (as defined below) and any other services provided by Genspark to Customer pursuant to this Agreement.

1.4 "Software" means the source code, object code, underlying structure, ideas, know-how and algorithms comprising the Service, documentation, and data related to the Service.

2. Service Orders

2.1 Service. Genspark will provide to Customer the Services identified at: https://www.genspark.ai/team_pricing subject to the terms of this Agreement.

2.2 License Term. Customer's Service subscription is for a month-to-month period subject to the provisions of this Agreement.

2.3 Orders by Affiliates. Customer's Affiliates may subscribe to use the Services by purchasing additional subscriptions referencing this Agreement. On purchase of an additional subscription by such Affiliate, the Affiliate will be bound by the provisions of this Agreement as if it were an original party hereto.

3. Use of Service

3.1 Use of Software Underlying Services. Customer will not, directly or indirectly: (a) reverse engineer, decompile, disassemble or otherwise attempt to discover source code underlying the Services; (b) modify, translate, or create derivative works based on the Services or any Software (except to the extent expressly permitted by Genspark in writing or authorized within the Services); (c) frame, mirror or use the Services or use the Services for timesharing or service bureau purposes or otherwise for the benefit of a third party; or (d) remove any proprietary notices or labels from the Services.

3.2 Appropriate Use of Service. Customer will not, and will not permit its users to:

(a) Post, upload, forward, or otherwise transmit any file or software code that contains, facilitates, or launches viruses, worms, trojan horses or any other contaminating or destructive features, or that otherwise interfere with the proper working of the Services; or

(b) Attempt to access any other Genspark systems that are not part of the Services.

(c) Use the Services to upload, post, process, distribute, link to, publish, reproduce, or transmit any of the following, including but not limited to:

(i) Illegal, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, harassing, offensive, inappropriate or objectionable information or communications of any kind, including without limitation conduct that would encourage or constitute an attack or "flaming" others, or criminal or civil liability under any local, state, federal or foreign law;

(ii) Content or data that would impersonate someone else or falsely represent an individual's identity or qualifications, or that constitutes a breach of any individual's privacy, including posting images about children or any third party without their consent (or a parent's consent in the case of a minor);

(iii) Any information, software or content Customer does not have the legal right to process or transmit.

Without limiting the foregoing, Customer acknowledges and agrees that its use of the Services are also subject to Genspark's current Terms of Service (the "Terms of Service"), which are available at https://mainfunc.ai/terms, and its current privacy policy (the "Privacy Policy), which is available at https://mainfunc.ai/privacy. Each of the Terms of Service and the Privacy Policy may be modified and/or updated by Genspark from time to time, and are incorporated herein by reference. In the event of any conflict between the Terms of Service or the Privacy Policy on the one hand and this Agreement on the other, the terms of this Agreement shall control (but solely to the extent required to resolve any such conflict). Genspark will use reasonable efforts to give prior written notice of any change to the Terms of Service or Privacy Policy. If Genspark determines at its sole discretion that any change to the Terms of Service or Privacy Policy materially impacts Customer's rights or obligations, then Genspark will provide Customer at least thirty days prior written notice of such change (or if such change is to comply with applicable law, as much notice as reasonably possible), and give Customer the opportunity to cease use of the Services or terminate this Agreement pursuant to Section 10.2 below.

3.3 No Transfers. The Services and all licenses granted to Customer may not be transferred or redistributed to any third party, except in connection with a permissible assignment pursuant to Section 12.2.

3.4 Compliance. Although Genspark has no obligation to monitor Customer's use of the Services, Genspark may do so and may prohibit any use of the Services it believes may be in violation of the foregoing.

3.5 Personal Data. Customer shall not submit any Personal Data (as defined in the Privacy Policy) to the Services or Genspark unless and until a data processing agreement has been entered into with Genspark.

3.6 Customer shall be responsible for obtaining and maintaining any equipment and ancillary services needed to connect to, access or otherwise use the Services, including, without limitation, modems, hardware, servers, software, operating systems, networking, web servers and the like (collectively, "Equipment"). Customer shall also be responsible for maintaining the security of the Equipment, Customer account, passwords (including but not limited to administrative and user passwords) and files, and for all uses of Customer account or the Equipment with or without Customer's knowledge or consent.

4. Ownership Rights

4.1 No Ownership Assignment. This Agreement is solely for use rights of the Services and Software, to the extent the latter is incorporated into the Servies. Neither party will assign ownership rights in any of its assets to the other pursuant to this Agreement, and neither party grants the other any rights or licenses not expressly set out in this Agreement.

4.2 What Genspark Owns. The Services and the Software are the proprietary intellectual property of Genspark and its licensors, protected by copyright and other intellectual property laws. Except for the rights granted herein, Genspark and its licensors retain all right, title and interest, including all intellectual property rights, in the Services (and any derivative works of or improvements to any of the foregoing created by or for Genspark), the Software and the documentation. Even if the terms "purchase" and "sale" are used, Customer does not receive ownership rights in the Services or the Software and has only those use rights in this Agreement. Genspark retains all rights not explicitly granted herein.

4.3 What Customer Owns. Customer retains all rights to Customer Data. Genspark disclaims all ownership and other rights as to Customer Data, except any limited rights granted by Customer to provide the Service.

4.4 Usage Analytics. Customer's usage data and Customer Data may be used to develop, train, or enhance artificial intelligence or machine learning models that are part of Genspark's Services, including Third Party Components (as defined below), and Customer authorizes Gespark to process its such usage data and Customer Data for such purposes. However, (a) such usage data and Customer Data must be aggregated before it can be used for these purposes, and (b) Genspark will use commercially reasonable efforts consistent with industry standard technology to de-identify such usage data and Customer Data before such use. Due to the nature of artificial intelligence and machine learning, information generated by these features may be incorrect or inaccurate. Product features that include artificial intelligence or machine learning models are not human and are not a substitute for human oversight.

5. INVOICING, PAYMENT AND RECORDS

5.1 Fees, Taxes and Payment. Customer will pay Genspark in U.S. Dollars the fees in the amounts and at the times specified at at https://www.genspark.ai/team_pricing. If Customer's use of the Services exceeds the parameters set forth therein or otherwise requires the payment of additional fees (per the terms of this Agreement or the Order Form), Genspark will bill Customer for such additional usage and Customer agrees to pay such additional fees in the manner provided herein. Unless otherwise stated, all fees are due immediately prior to the purchase of Genspark's Team Plan, and all fees are non-cancelable and non-refundable. If Customer is paying by credit card, Customer represents and warrants that it has the right to use the credit card provided and grants Genspark the right to provide the credit card information, including the credit card number, its expiration date and billing address, to third parties for the purposes of facilitating payment transactions. Verification of information may be required prior to the acknowledgment or completion of any payment transaction. Unpaid amounts are subject to a finance charge of 1.5% per month on any outstanding balance, or the maximum amount permitted by law, whichever is lower, plus all expenses of collection, and Genspark may suspend Customer's access to Services until overdue amounts are paid in full. Customer is responsible for any sales, use, value added, excise, property, withholding or similar tax and any related tariffs, and similar charges, except taxes based on Genspark's net income. If Customer is required to pay any such taxes, Customer shall pay such taxes with no reduction or offset in the amounts payable to Genspark hereunder. If an applicable tax authority requires Genspark to pay any taxes that should have been payable by Customer, Genspark will advise Customer in writing, and Customer will promptly reimburse Genspark for the amounts paid.

5.2 Audit. In order to confirm compliance with this Agreement, Genspark may, at its expense and not more frequently than annually, audit Customer's records relating to Customer's use of the Services, and Customer agrees to reasonably cooperate with respect to any such audit. Any such audit shall be conducted with at least 30 days' notice, during regular business hours online or at Customer's facilities and shall not unreasonably interfere with Customer's business. If the audit indicates a discrepancy in the fees payable to Genspark greater than 5% of the amount paid by Customer for the period audited, Customer shall pay Genspark's reasonable expenses of the audit in addition to any additional fees due.

6. CONFIDENTIALITY

6.1 Confidential Information. Subject to the limitations set forth in Section 6.2 hereof, all information disclosed by one party to the other party during the term of this Agreement that is identified in writing at the time of disclosure as confidential or that reasonably should be understood to be confidential given the nature of the information or the circumstances of the disclosure, whether in oral, written, graphic or electronic form, shall be deemed to be "Confidential Information". The existence and terms of this Agreement are Confidential Information of both parties.

6.2 Exceptions. Information will not be considered Confidential Information if the receiving party can establish by documentary evidence that the information is or was: publicly available through no act or omission of the receiving party; in the receiving party's lawful possession prior to disclosure by the disclosing party and not obtained either directly or indirectly from the disclosing party; lawfully disclosed to the receiving party by a third party without restriction on disclosure; or independently developed by the receiving party without use of or access to the disclosing party's Confidential Information.

6.3 Nondisclosure. The parties agree, both during the term of this Agreement and for a period of five years (and with respect to Confidential Information that is: (a) a trade secret for an indefinite period, and (b) personally identifiable information for the period required by applicable law) after its termination, to hold each other's Confidential Information in confidence and not to disclose such information in any form to any third party without the express written consent of the disclosing party, except to employees and service providers performing services for the benefit of the receiving party who are under a written non-disclosure agreement protecting the applicable Confidential Information in a manner no less restrictive than this Agreement and have a bona fide need to know such information to perform such services. Each party agrees to take all reasonable steps to ensure that Confidential Information is not disclosed or distributed by its employees or agents in violation of this Agreement. A receiving party facing legal action to disclose Confidential Information of the disclosing party shall, to the extent permitted, promptly notify and provide the disclosing party the opportunity to oppose such disclosure or obtain a protective order and shall continue to treat such information as Confidential Information. This Section 6.3 shall not be construed as granting or conferring any rights to either party by license or otherwise, expressly or implicitly, to any Confidential Information.

7. LIMITED WARRANTIES AND EXCLUSIVE REMEDIES

7.1 Authority. Each of Genspark and Customer represents and warrants that: it has the full right, power and authority to enter into and fully perform this Agreement; the person signing this Agreement on its behalf is a duly authorized representative of such party who has in fact been authorized to execute this Agreement; its entry herein does not violate any other agreement by which it is bound; and it is a legal entity in good standing in the jurisdiction of its formation and shall continuously remain in good standing during the term of this Agreement.

7.2 Protection of Customer Data. Genspark will maintain administrative, physical, and technical safeguards for protection of the security, confidentiality and integrity of Customer Data. Those safeguards will include, but will not be limited to, measures for preventing access, use, modification or disclosure of Customer Data by Genspark personnel except (a) to provide the Service and to prevent or address service or technical problems, or (b) as Customer expressly permits in writing.

7.3 Warranty Exclusions. Genspark is not obligated to correct errors caused: by unauthorized modification to the Service, if Customer uses the Service other than as described in the documentation; by non-Genspark software or services; or by combining the Service with any other hardware or Service not authorized by Genspark in writing. In furtherance of the foregoing and without limitation thereof, Customer specifically acknowledges and agrees that the Services incorporate certain third party software components for which additional terms apply (the "Third Party Components"). Such Third Party Components may include without limitation products and services provided by (i) OpenAI, LLC and its Affiliates (collectively, "OpenAI"), (ii) and Anthropic, PBC and its Affiliates (collectively, "Anthropic"). The Customer agrees that its use of such Third Party Components as incorporated into the Services is subject to the terms of use of such Third Party Components. Solely for reference, the current terms of use applicable to OpenAI Third Party Components is currently available at https://openai.com/policies/terms-of-use/ and the current terms of use applicable to Anthropic Third Party Components is currently available at https://www.anthropic.com/legal/commercial-terms. Genspark makes no representations or warranties as to the accuracy or completeness of the terms of use applicable to such Third Party Components (including but not limited to those referenced above) and undertakes no duty to update the Customer in the event of any changes thereto. The Customer specifically acknowledges and agrees that all Third Party Components are provided "AS IS" without any representations or warranties and hereby releases Genspark from any and all liability associated with any damages, claims, liabilities, or other obligations of any kind arising out of or related to Third Party Components.

7.4 NO IMPLIED WARRANTIES. THE WARRANTIES ABOVE ARE THE EXCLUSIVE WARRANTIES REGARDING THE SERVICE AND ARE GIVEN IN LIEU OF ALL OTHER WARRANTIES OF GENSPARK, WHETHER EXPRESS OR IMPLIED, INCLUDING NON-INFRINGEMENT AND THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

7.5 DISCLAIMER. GENSPARK DOES NOT WARRANT THAT THE SERVICE WILL MEET CUSTOMER'S REQUIREMENTS, THAT THE OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE FEATURES OR FUNCTIONALITIES OF THE SERVICE WILL BE AVAILABLE AT ANY TIME IN THE FUTURE OR THAT ALL ERRORS IN THE SERVICE OR DOCUMENTATION WILL BE CORRECTED. GENSPARK SHALL HAVE NO RESPONSIBILITY FOR DETERMINING THAT CUSTOMER'S PROPOSED USE OF THE SERVICE COMPLIES WITH APPLICABLE LAWS IN CUSTOMER'S JURISDICTION(S).

8. INFRINGEMENT INDEMNITY

8.1 Indemnification by Genspark.

(a) Genspark at its own expense will defend, indemnify and hold Customer and its Related Parties against all liabilities, damages, fines, judgments, settlements, costs or expenses (including reasonable attorney's fees and disbursements) ("Costs") to the extent resulting from claims, demands, suits, actions or proceedings made or brought by third parties against Customer and its Related Parties (collectively, "Claims") alleging that the Services infringe such third party's trademark or copyright arising under the laws of the United States, or that Genspark misappropriated such third party's trade secrets in the development of the Services. "Related Parties" means Affiliates, successors, assigns, members, shareholders, officers, directors and agents of Genspark or Customer, as applicable.

(b) If Genspark believes the Services, or any part thereof, may be the subject of an infringement or a misappropriation claim as to which this Section 8.1 applies, Genspark may, in its discretion and at its sole expense: (1) procure for Customer the right to continue using such Service or any applicable part thereof, (2) modify or replace the Service so as to make it non-infringing, or (3) terminate this Agreement and refund to Customer any unused prepaid fees for periods following the termination date. This Section 8.1 states Genspark's sole liability to, and Customer's exclusive remedy for intellectual property infringement claims of any kind in connection with the Services.

(c) Genspark shall not have any indemnification obligation pursuant to this Agreement to the extent a Claim is based on: use of any version of the Services other than the then-current, unaltered version, if infringement would have been avoided by use of a current, unaltered version thereof that has been made available to Customer; use of the Services in violation of this Agreement; modifications to the Services made by Customer; where Customer continues to use the Services after being notified of allegedly infringing activity or being informed of modifications that would have avoided the alleged infringement; or a third party service, Third Party Components, or Customer Data.

8.2 Indemnification by Customer. Customer at its own expense will defend, indemnify and hold Genspark and its Related Parties harmless against any liabilities, damages, fines, judgments, settlements, costs or expenses (including reasonable attorney's fees and disbursements) arising out of Claims made or brought by anyone other than an Genspark Related Party alleging misappropriation, misuse or breach of applicable law related to Customer Data.

8.3 Indemnification Procedure. Promptly after a party seeking indemnification obtains knowledge of the existence or commencement of a Claim, the party to be indemnified will notify the other party of the Claim in writing; provided however, that the indemnifying party's indemnity obligations will be waived only if and to the extent that its ability to conduct the defense are materially prejudiced by this failure to give notice. The indemnifying party will assume the sole control of defense and settlement of the Claim with counsel reasonably satisfactory to the indemnified party at the indemnifying party's risk and expense; provided, however, the indemnified party may join in the defense and settlement of the Claim and employ counsel at its own expense, and will reasonably cooperate with the indemnifying party in the defense and settlement of the Claim. The indemnifying party may not settle any Claim without the indemnified party's written consent unless the settlement (x) includes a release of all covered claims pending against the indemnified party; (y) contains no admission of liability or wrongdoing by the indemnified party; and (z) imposes no obligations upon the indemnified party other than an obligation to stop using any infringing items. If both the indemnified party and the indemnifying party are named parties in any action relating to the Claim and the counsel chosen by the indemnifying party cannot represent both the indemnified party and indemnifying party due to any present or potential conflict in representing the interests of both of them, then the indemnifying party will retain separate counsel for the indemnified party.

8.4 Entire Liability. This Section 8 states the entire liability of the indemnifying party, and the indemnified party's exclusive remedy with respect to all Claims described in this section.

9. LIMITATIONS OF LIABILITY

9.1 No Consequential Damages. In no event shall either party or its agents and suppliers (including their directors, officers, employees, representatives, agents and suppliers) be liable for any indirect, incidental, special or consequential damages, including without limitation procurement of substitute products or services or loss of profits, revenue, data or data use, even if such party has been advised of the possibility of such damages. Nothing in this Agreement will limit Customer's liability for misappropriation of Genspark's intellectual property rights in the Services.

9.2 Direct Damages. The aggregate, cumulative liability of each party (including its directors, officers, employees, representatives, agents and suppliers) under this Agreement shall be limited to the fees paid or payable by Customer to Genspark during the twelve-month period prior to the event giving rise to any claim. The foregoing shall not limit Customer's payment obligations.

9.3 Allocation of Risk. The provisions of this Agreement fairly allocate the risks between Genspark, on the one hand, and Customer on the other. Customer acknowledges and agrees that the pricing reflects this allocation of risk and the limitation of liability specified herein, and that Genspark would not enter into this Agreement without such allocation and limitation.

10. TERM AND TERMINATION

10.1 Term. This Agreement begins on the Effective Date and continues until terminated as provided below.

10.2 Termination for Breach. Either party may terminate this Agreement (including all related subscriptions) if the other party: fails to cure any material breach of this Agreement within 30 days after written notice of such breach; ceases operation without a successor; or seeks protection under any bankruptcy, receivership, trust deed, creditors arrangement, composition or comparable proceeding, or if any such proceeding is instituted against such party (and not dismissed within 60 days). Termination is not an exclusive remedy and the exercise by either party of any remedy under this Agreement will be without prejudice to any other remedies it may have under this Agreement, by law, or otherwise.

10.3 Effect of Termination. Immediately on termination of this Agreement, Customer shall cease all use of the Services. Within ten business days following the termination date, Customer shall, at Genspark's option, return to Genspark or destroy (and certify to Genspark in writing as to such destruction) all copies materials embodying or reflecting the Services, documentation and any other Genspark Confidential Information.

10.4 Survival. Sections 2.3 through 12 of this Agreement shall survive any termination of this Agreement; provided that Sections 7 and 8 shall only survive to the extent applicable to claims, other than with respect to confidentiality obligations, arising prior to the termination date.

11. U.S. GOVERNMENT RIGHTS

This section is applicable only if Customer is a US government agency or a contractor to a US government agency. The Software and any related documentation contain commercial computer software and documentation which are proprietary data belonging solely to Genspark and its licensors. Pursuant to DFARS 227.7202 or FAR 12.212, as applicable, the U.S. Government's right to use, reproduce or disclose the Software and any related documentation acquired under this Agreement is subject to the restrictions of this Agreement. The terms and conditions of this Agreement are fully applicable to the Government's use and disclosure of the Software and any related documentation and shall supersede any conflicting terms or conditions. No license of any kind is granted in the case of acquisitions which contain or are subject to the clause FAR 52-227.19 COMMERCIAL COMPUTER SOFTWARE-RESTRICTED RIGHTS (JUNE 1987) or DFARS 252.227-7013 RIGHTS IN TECHNICAL DATA AND COMPUTER SOFTWARE (OCT 1988) or any other clause which purports to grant to the government rights greater than, or additional to those, set forth in this Agreement.

12. GENERAL

12.1 Integration; Severability. This Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements and communications relating to the subject matter hereof, including any NDAs or confidentiality agreements entered previously. If any provision of this Agreement is adjudicated invalid or unenforceable, the remaining provisions will remain in effect and the Agreement will be amended to the minimum extent necessary to achieve, to the maximum extent possible, the same legal and commercial effect originally intended by the parties. This Agreement shall supersede the terms of any purchase order or other business form.

12.2 Assignment. This Agreement may not be assigned by either party without the other party's prior written consent, whether by operation of law or otherwise, except that either party may assign this Agreement to its successor in the event of a merger, acquisition or sale of all or substantially all of the assets of such party. Any other purported assignment shall be void. Subject to the foregoing, this Agreement shall bind and inure to the benefit of the parties hereto and their successors and assigns.

12.3 Force Majeure. Neither party shall be liable to the other for its failure to perform its obligations under this Agreement, except for payment obligations, during any period in which such performance is delayed or rendered impracticable or impossible due to unforeseen circumstances beyond its reasonable control.

12.4 Amendment; Counterparts. No supplement, modification, or amendment of this Agreement shall be binding, unless executed in writing by a duly authorized representative of each party. No waiver will be implied from conduct or failure to enforce or exercise rights under this Agreement, nor will any waiver be effective unless in a writing signed by a duly authorized representative on behalf of the party claimed to have waived.

12.5 Governing Law and Venue. This Agreement shall be governed by the laws of the State of California, United States of America without regard to its conflict of laws provisions. This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods or the Uniform Computer Information Transactions Act. Any legal action relating to this Agreement will be settled by binding arbitration in San Francisco, California by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator may be entered in the federal or state courts in the Northern District of California, U.S.A., and the parties agree to the exercise of jurisdiction by such courts. In the event of any action, suit or proceeding related to this Agreement, the prevailing party, in addition to its rights and remedies otherwise available, shall be entitled to receive reimbursement of reasonable attorney's fees and expenses and court costs. Disputes must be brought on an individual basis only and may not be brought as a plaintiff or class member in any purported class, consolidated, or representative proceeding. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed. If for any reason a dispute proceeds in court rather than through arbitration, each Party knowingly and irrevocably waives any right to trial by jury in any action, proceeding, or counterclaim. This does not prevent either party from participating in a class-wide settlement of claims. If twenty-five or more claimants represented by the same or similar counsel file demands for arbitration raising substantially similar disputes within ninety days of each other, then Customer and Genspark agree that the arbitrator will administer them in group of fifty (each, a "Batch"), unless there are less than fifty claimants in total or after batching, which will comprise a single Batch. The arbitrator will administer each Batch as a single consolidated arbitration with one arbitrator, one set of arbitration fees, and one hearing held by videoconference or in a location decided by the arbitrator for each Batch. If any part of this section is found to be invalid or unenforceable as to a particular claimant or Batch, it will be severed and arbitrated in individual proceedings.

12.7 No Agency Relationship. Nothing in this Agreement shall be construed to create a partnership, joint venture or agency relationship between Customer and Genspark.

12.8 Customer Identification. Customer agrees that Genspark may identify customer as a user of Genspark products and may use Customer's name and logo in Genspark's customer list, press releases, blog posts, advertisements, and website.

12.9 Injunctive Relief. Customer agrees that in the event of a breach or threatened breach of any provision in this Agreement, Genspark may have no adequate remedy in money or other damages and shall be entitled to seek injunctive relief without the posting of bond or other security. Any such injunctive relief shall be without prejudice to any other remedy available to Genspark and shall not prevent Genspark from claiming damages, in money or other damages, for actual losses in addition to such injunctive relief.