SEVERABILITY
: In the event any provision of this License Agreement is found to be invalid, illegal or
unenforceable, the validity, legality and enforceability of any of the remaining provisions shall not in any
way be affected or impaired and a valid, legal and enforceable provision of similar intent and economic
impact shall be substituted therefor.
WAIVERS
: All waivers by the Company will be effective only if in writing.
GOVERNING LAW
: The laws of the State of California and the United States govern all matters arising
out of this License Agreement, excluding their conflicts of laws principles. The United Nations Convention
on Contracts for the International Sale of Goods (1980) shall not apply to this License Agreement.
NO ASSIGNMENT
: Licensee may not assign or transfer its rights under this License Agreement. Any
purported assignment or transfer in violation of this paragraph is void.
EXPORT RESTRICTIONS
: The Software may be subject to export or import regulations in the United
States or other counties. Licensee agrees not to export or re-export the Software in violation of any
applicable laws or regulations. Licensee hereby agrees to indemnify and hold the Company harmless
from all claims, damages, fines, penalties, costs and expenses (including attorneys’ fees) arising out of or
resulting from a breach of this paragraph.
UNITED STATES GOVERNMENT LEGEND
: The Software is commercial in nature and developed solely
at private expense. The Software is delivered as "Commercial Computer Software" as defined in DFARS
227.7202-3 or as a commercial item as defined in FAR 2.101(a) and as such is provided with only such
rights as are provided in this License Agreement, which is our standard commercial license for the
Software. Technical data is provided with limited rights only as provided in DFAR 252.227-7015 or FAR
52.227-14, whichever is applicable.
ENTIRE AGREEMENT
: This License Agreement sets forth the entire understanding and agreement
between Licensee and the Company, supersedes all prior agreements, whether written or oral, with
respect to the Software, and may be amended only in a writing signed by both parties that identifies itself
as an amendment to this License Agreement. This warranty gives Licensee specific legal rights: Licensee
may have other rights which vary from jurisdiction to jurisdiction.
Revised 19 Jan 17
