CAE EndoVR, User Manual, Page: 7 / 100

Front Matter/EULA
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PN: 165K400300
8.2 The exclusive forum 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 AGREEMENT.
8.3 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.
9. Miscellaneous
9.1 United States Government Customer: 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 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).
9.2 Amendment. This License may only be amended by the duly authorized representatives of CAE.
9.3 No Waiver: The failure of CAE to enforce at any time any of the provisions of this License, or to
require at any time the performance by Licensee of any of the provisions hereof, shall not be
construed to be a waiver of such provisions, nor in any way affect the validity of this License or any
part thereof, or the right of CAE thereafter to enforce any such provision.
9.4 No third-party beneficiaries. Nothing in this Agreement shall be construed as creating or giving
rise to any rights for any third parties or any persons other than the parties to this Agreement.
9.5 Notices: Notices or communications pertaining to this Agreement must be given in writing and
delivered to the addressee as indicated in the HEPGTC.
9.6 Preamble/Headings. The preamble forms an integral part of this Agreement. The division of this
Agreement into Clauses, Articles, sections, subsections and other subdivisions and the insertion of
headings are for convenience of reference only and will not affect the construction or interpretation
of this Agreement.
9.7 Severability. If any one or more of the provisions of this License shall be held to be invalid, illegal
or unenforceable, the validity, legality or enforceability of the remaining provisions of this Agreement
shall not in any way be affected or impaired thereby.
9.8 Assignment and Succession. Licensee may not assign or delegate this Agreement in whole or in
part, expressly or by operation of law, without CAE’s prior written consent. CAE may assign this
Agreement, in whole or in part, and/or its rights and obligations, in CAE’s sole discretion, to any party.
This Agreement shall be binding upon and enure to the benefit of the parties hereto and their
permitted successors and assigns. Any assignment of this Agreement, or any license granted herein,
in violation of the provisions of this Section shall be void.