On any termination of this License Agreement, all rights of use of the Software
held by Licensee shall expire. Within thirty (30) days from the date of termina-
tion of the License Agreement Licensee will return to Licensor or destroy (and
confirm such destruction in writing to Licensor) the Software and all copies or
partial copies thereof that have been made, as well as all modified parts of the
Software or interfacing parts linking to other programs or data systems, and to
the extent available, all security devices.
8 Import, Export and Use of the Software
Licensee shall be exclusively responsible for ensuring compliance with the rele-
vant legislation relating to its rights to import, export or use the Software.
9 General Provisions
If any term or provision of this agreement shall be or shall become invalid or
unenforceable for any reason, such term or provision shall be ineffective to the
extent of such invalidity or unenforceability without invalidating the remaining
terms and provisions hereof, provided, however, that the parties shall replace
any such invalid or unenforceable provision by a valid and enforceable provision
as comes nearest to the original provision in economic impact and intent. This
agreement may only be modified in writing, signed by an authorized officer of
Leica Geosystems. This is the entire agreement between Leica Geosystems and
Licensee regarding the Software and it supersedes any prior representation,
discussions, undertakings, communications or advertising relating to the Soft-
ware.
10 Third Party Beneficiary
The parties expressly agree that subsidiaries of Leica Geosystems, including
the entity from whom the Customer purchased the Product, is a third party
beneficiary of this Software License Agreement, and, without limiting the fore-
going, such subsidiaries shall have all defences available to Leica Geosystems
under this Software License Agreement.
11 Governing Law and Place of Jurisdiction
This Agreement shall be governed by the laws of Switzerland, excluding all con-
flicts of laws principles and excluding the United Nations Convention on Con-
tracts for the International Sale of Goods. The ordinary courts at the headquar-
ters of Leica Geosystems AG in Balgach, Switzerland shall have jurisdiction.
Licensor shall, in its sole discretion, also have the right to invoke the courts of
law having jurisdiction at the domicile or place of business of Licensee.
Leica Geosystems AG
Heinrich-Wild-Strasse 201
CH - 9435 Heerbrugg
(Switzerland)
Heerbrugg, 25 March 2013
10
Leica Geosystems Software Licence Agreement
