CAE Healthcare Vimedix Abdo, User Manual

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End User License Agreement
Vimedix
™
vi
10.1
Applicable Law and Jurisdiction.
This License shall be governed
by, subject to, and interpreted according to the laws of the State of Florida, U. S. A., without regard to its
conflict of law rules. In all cases, the Parties expressly exclude and waive the application of the United
Nations Convention on Commercial Agreements for the International Sale of Goods (1980) (Vienna
Sales Convention) as amended. The exclusive jurisdiction for the resolution of any and all disputes
arising out of or in connection with this Agreement shall be a court of appropriate jurisdiction located
in the State of Florida, U.S.A. Each Party hereby waives any right that it might otherwise have to object
to such venue or seek dismissal of the action on the basis of forum non-conveniens. EACH PARTY
HERETO IRREVOCABLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY AND
ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THIS
LICENSE. Notwithstanding the foregoing, if a party seeks injunctive proceedings to preserve
confidentiality obligations or intellectual property rights, then it is entitled to seek relief before the
competent court/body of any jurisdiction.
10.2.
United States Government Licensee:
If Licensee is the
United States Government (“U.S. Government”) or a unit or agency of the U.S. Government, the
Software and Data are deemed to be “commercial computer software” and “commercial computer
software documentation”, respectively, pursuant to DFAR Section 227.7202 and FAR Section 12.212 b)
as applicable. Any use, modification, reproduction, release, performance, display, or disclosure of the
Software and/or Data by the U. S. Government, or any of its units or agencies shall be governed solely
by the terms of this License and the HEPGTC. Any technical data provided by CAE Healthcare with the
Product that is not covered by the above provisions is deemed to be "technical data-commercial items"
pursuant to DFAR Section 252.227.7015(a).
10.3.
Export Controls:
Licensee acknowledges that the laws and regulations of the
United States may restrict the export and re-export of commodities and technical data of United States
origin, including the Software. Licensee agrees that it will not export or re-export Software of, or
containing items of, United States origin, in any form, without the appropriate United States and
foreign governmental licenses.
10.4.
Excluded Data:
Licensee acknowledges that Software provided under this
License are not designed with security and access management for the processing and/or storage of
the following categories of data: (1) data that is classified and or used on the U.S. Munitions list,
including software and technical data; (2) articles, services and related technical data designated as
defence articles and defence services; (3) ITAR (International Traffic in Arms Regulations) related data;
and (4) other personally identifiable information that is subject to heightened security requirements as
a result of Licensee's internal policies or practices or by law (collectively referred to as
"
Excluded Data
"). Licensee hereby agrees that Licensee is solely responsible for
reviewing its data that will be provided to CAE Healthcare (or to which CAE Healthcare will have access)
to ensure that it does not contain Excluded Data
10.5.
No Waiver:
No omission or delay by either party at any time to enforce a right or
remedy reserved to it or to require performance of any of the terms of this License at the times