44
Et h er n et O ut p ut Mod ul e G l ob eC ast e r Sys t em Li c ens e A gr ee m ent
75)18'40/'064'564+%6'&4+)*65
If you are a unit or
agency of the United States Government (“U.S. Government”), the
following provisions apply: All Software and accompanying
Documentation are deemed to be “commercial computer software” and
“commercial computer software documentation,” respectively, pursuant to
DFAR Section 227.7202 and FAR Section 12.212, as applicable. Any use,
modification, reproduction, release, performance, display or disclosure of
the Software and accompanying Documentation by the U.S. Government
will be governed solely by the terms of this Agreement and will be
prohibited except to the extent expressly permitted by the terms herein.
Manufacturer is GlobalStreams, Inc., 43 Maryland Plaza, St. Louis, MO
63108.
/+5%'..#0'175
11.1 You have no right to assign or sublicense this Agreement or any
Software licenses, in whole or in part, without GlobalStreams’ prior
written consent. Any attempt to assign or sublicense this Agreement
without such consent will be null and void. GlobalStreams may assign this
Agreement in whole or in part. In the event GlobalStreams is acquired,
this Agreement will continue in accordance with its terms.
11.2 This Agreement will not establish any relationship of partnership,
joint venture, employment, franchise, or agency between you and
GlobalStreams. Neither you nor GlobalStreams will have the power to
bind the other or incur obligations on the other’s behalf.
11.3 This Agreement shall be construed and governed in accordance with
the laws of the State of California, excluding its conflict of law rules, and
venue and jurisdiction for any disputes lie exclusively in Alameda County,
California. You consent to service of process and venue.
11.4 Should any term of this Agreement be declared void or unenforceable
by any court of competent jurisdiction, such declaration shall have no
effect on the remaining terms hereof.
11.5 If any action is brought by either party to this Agreement against the
other party regarding the subject matter hereof, the prevailing party shall
be entitled to recover, in addition to any other relief granted, reasonable
attorney fees and expenses of litigation.
11.6 The failure of either party to enforce any rights granted hereunder or
to take action against the other party in the event of any breach hereunder
59-341-00
