5-33
Export Control.
You agree not to export or re-export from
anywhere any part of the Product in any form except in
compliance with applicable export laws, rules and regulations,
including but not limited to the laws, rules and regulations
administered by the Office of Foreign Assets Control of the
U.S. Department of Commerce and the Bureau of Industry and
Security of the U.S. Department of Commerce.
Miscellaneous.
If any provision of this EULA is found to be invalid
or unenforceable, it will be enforced to the extent permissible
and the remainder of this EULA will remain in full force and
effect. Failure by COMPANY to prosecute any right with respect
to a default hereunder will not constitute a waiver by COMPANY
of the right to enforce rights with respect to the same or any
other breach. No refunds or replacements will be permitted on
damaged Product.
U.S. Government End Users.
If the Product is being acquired by
or on behalf of the United States Government or any other entity
seeking or applying rights similar to those customarily claimed
by the United States Government, this Product and related
documentation are "Commercial Items" as that term is defined at
48 C.F.R. ("FAR") 2.101. This Product and related documentation
are licensed to the United States Government end users (a) only
as "Commercial Items" and (b) with only those rights as are
granted to all other end users in accordance with this EULA, and
each copy of Product delivered or otherwise furnished shall be
marked and embedded as appropriate with the following "Notice
of Use," and shall be treated in accordance with such Notice:
Third-Party Copyright Notices.
The third-party sourced data
has been incorporated into or made a part of the Product and is
being sublicensed to you subject to the terms and conditions of
this EULA. In this regard, you shall not remove or tamper with any
intellectual property rights notice attached or used in relation to
data supplied by the Licensors.
Entire Agreement.
This EULA is the entire agreement between
COMPANY (and the Licensors) and you pertaining to the subject
matter hereof, and supersedes in their entirety any and all
previous written or oral communications or documents (including,
if you are obtaining an update, any agreement that may have
been included with an earlier version of the Product) with respect
to such subject matter.
Governing Law.
This EULA shall be governed by the laws of
the jurisdiction in which you reside at the date of acquisition
of the Product. Should you at that moment reside outside the
European Union or Switzerland, the law of the jurisdiction within
the European Union or Switzerland where you acquired the
Product shall apply. In all other cases, or if the jurisdiction where
you acquired the Product cannot be defined, the laws of the
Republic of Korea shall apply. This EULA will not be governed by
the U.N. Convention on Contracts for the International Sale of
Goods. The courts competent at your place of residence at the
time you acquired the Product shall have jurisdiction over any
dispute arising out of, or relating to this EULA, without prejudice
to COMPANY's right to bring claims at your then current place of
residence.
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