LibreStream n_sight MCD2000 User Manual
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Computer and any other computer
on which the Software or any portion
thereof may have been installed, and
to certify such return or destruction
in writing.
10.3 Notwithstanding anything to the
contrary contained herein, the bold
faced and capitalized wording at the
beginning of this Agreement and
Sections 2.1(c), 2.3, 2.4, 2.6, 2.7, 4,
5, 6, 7, 8, 9, 10, 11, 12 and 13 (and
the relevant definitions in Section 1)
shall survive any termination of this
Agreement for any reason
whatsoever.
11. EXPORT. Some of the
Software and Confidential
Information is subject to United
States export control laws and
regulations, and some or all of the
Software may be subject to export or
import regulations in other countries
as well. Licensee agrees that it will
not export, re-export, transfer or
import any of the Software, any of
the Confidential Information or any
LibreStream Product in violation of
any applicable laws or regulations of
the United States or any other
country. Licensee is responsible for
obtaining any licenses or
authorizations required to export, re-
export, transfer or import all or any
portion of the Software and
Confidential Information or any
LibreStream Product.
12. GOVERNMENT
DEPARTMENTS. In the event that
Licensee is a governmental entity,
only the department(s) or agency(s)
specifically licensed in the Purchase
Order to use the Software shall have
the right to use the Software.
Governmental departments or
agencies not so specifically licensed
must have a separate license and
must pay additional license fees.
13. GENERAL PROVISIONS.
13.1 Licensee shall not assign or
otherwise transfer this Agreement or
any of its rights and/or obligations
hereunder, whether in whole or in
part, including by operation of law,
without the prior express written
consent of LibreStream.
13.2 Licensee hereby acknowledges
that its breach of this Agreement
may cause irreparable harm and
significant injury to LibreStream
and/or one or more of the Third Party
Licensors in an amount that may be
difficult to ascertain and for which a
remedy at law may be inadequate.
Accordingly, Licensee agrees that, in
addition to any other rights and
remedies it may have, LibreStream
shall have the right to seek injunctive
relief in any court of competent
jurisdiction to enforce Licensee's
obligations under this Agreement.
13.3 This Agreement shall be
construed and governed by the laws
in force in the province of Manitoba,
excluding its conflict of laws rules.
The parties consent to the jurisdiction
of all the courts in Manitoba, and
agree that, except for requests for
injunctive relief pursuant to Section
13.2, venue shall lie exclusively in
Manitoba. THE PARTIES EXCLUDE IN
ITS ENTIRETY THE APPLICATION TO
THIS AGREEMENT OF THE UNITED
NATIONS CONVENTION ON
CONTRACTS FOR THE
INTERNATIONAL SALE OF GOODS.
13.4 When any notice is required or
authorized hereunder, such notice
shall be given in writing by
recognized delivery service or
personal delivery addressed to the
other party. Notices shall be sent to
Licensee at the address set forth in
the Purchase Order and to
LibreStream at Suite 110, 895
Waverley Street, Winnipeg,
Manitoba, Canada R3T 5P4. Either
party may change its address for
notice hereunder by providing the
other party with ten (10) days
written notice thereof. Notices shall
be effective upon receipt by the
recipient.
13.5 The original of this Agreement
has been written in the English
language, and the governing
language of this Agreement shall be
English. Licensee hereby waives and
agrees not to assert any right to
have this Agreement written in the
language of Licensee's place of
residence.
13.6 A waiver of any default
hereunder or of any of the terms or
conditions of this Agreement shall not
be deemed to be a continuing waiver
or a waiver of any other default or of
any other term or condition, but shall
apply solely to the instance to which
such waiver is directed. The exercise
of any right or remedy provided in
this Agreement shall be without
prejudice to the right to exercise any
other right or remedy provided at law
or in equity.
13.7 In the event any provision of
this Agreement is found to be invalid,
illegal or unenforceable, the validity,
legality and enforceability of the
remaining provisions shall not in any
way be affected or impaired, and a
valid, legal and enforceable provision
of similar intent and effect shall be
substituted for such invalid, illegal or
unenforceable provision.
13.8 This Agreement constitutes the
entire agreement between the
parties with respect to the license of
the Software and the other subject
matter of this Agreement, and
supersedes and terminates all other
prior and/or contemporaneous verbal
and/or written agreements and
understandings with respect thereto.
No modifications to this Agreement
shall be enforceable except when in
writing and signed by an authorized
signatory of the party to be bound
thereby. Without limiting the
generality of the foregoing, the terms
and conditions of any purchase order
or other document submitted by
Licensee to LibreStream or to any
LibreStream distributor or other
representative shall not be binding
on LibreStream unless definitively
accepted in writing by LibreStream.
13.9 THIS AGREEMENT SHALL
IMMEDIATELY AND AUTOMATICALLY
BE EFFECTIVE AND ENFORCEABLE
UPON ANY DOWNLOADING OR
INSTALLATION OF ANY OF THE
SOFTWARE OR UPON ANY USE OF
ANY OF THE SOFTWARE OR ANY
LIBRESTREAM PRODUCT. It shall not
