Appendix B ________________________________________ Software End User License Agreement
VAISALA______________________________________________________________________ 139
legal and equitable relief and shall be entitled to recover, in addition
to any other relief granted, reasonable attorney fees and expenses of
litigation.
8.
Third Party Software. To the extent any software or other technology
that is owned by a third party is accessed or used in combination with
the Software, you shall be obligated to obtain a license or rights to
such third-party software or technology before Software access,
delivery, or use and you assume the entire responsibility and liability
therefore, including any associated costs and expenses. Licensor shall
not be obligated to obtain on your behalf any rights or licenses to such
third-party software or technology.
9.
Export Law Assurances. You agree to comply with all applicable
export laws, including those of the jurisdiction in which the Software
was obtained.
10. Controlling Law and Severability. These Conditions shall be
construed, governed and interpreted in accordance with the laws of
Finland, excluding its conflict of laws rules thereof. It is expressly
agreed that the application of United Nations Convention on
Contracts for the International Sale of Goods (CISG) shall be
excluded. Any dispute, controversy or claim arising out of or relating
to this Contract between Vaisala and the customer, which cannot be
solved by amicable means shall be submitted to arbitration. Any
dispute, controversy or claim arising out of or relating to this Contract,
or the breach, termination or validity thereof shall be finally settled by
arbitration in accordance with the Arbitration Rules of the Finnish
Central Chamber of Commerce. The Arbitral Tribunal shall consist of
one (1) arbitrator. The arbitrator shall be appointed in accordance with
the Arbitration Rules of the Finnish Central Chamber of Commerce.
The award shall be final and enforceable in any court of competent
jurisdiction. The arbitration shall be held in Helsinki, Finland, and be
conducted in English.
11. Support, Maintenance, Releases. Licensor shall not be obligated to
provide you with any support, consulting or maintenance for the
Software under this License. Licensor, further, shall not be obligated
to provide you with any Modifications under this License. In the
event that Licensor, at its sole discretion, provides Modifications, the
terms and conditions of this Agreement shall apply to both the
Modifications and the modified Software. If the withdrawal from
Software is based on an infringement claim, or if Licensor no longer
has the rights to use or distribute the Software, you will suspend from
further use of the Software.
12. Transfer. You shall not transfer, assign or hypothecate, in whole or in
part, this License or any rights or obligations hereunder. If you
transfer the rights against this License, the assignees and successors
shall be bound by the terms and conditions herein.