44
AP 6522M Access Point
11.8
Governing Law. This End-User License Agreement is governed by the laws of the the State of Delaware
in the United States to the extent that they apply and otherwise by the internal substantive laws of the
country to which the Software is shipped if End-User Customer is a sovereign governmental entity. The
terms of the U.N. Convention on Contracts for the International Sale of Goods do not apply. In the event
that the Uniform Computer information Transaction Act, any version of this Act, or a substantially similar
law (collectively “
UCITA
”) becomes applicable to a Party’s performance under this Agreement, UCITA
does not govern any aspect of this End-User License Agreement or any license granted under this
End-User License Agreement, or any of the parties’ rights or obligations under this End-User License
Agreement. The governing law will be that in effect prior to the applicability of UCITA.
11.8
Dispute Resolution. Unless End-User Customer is a sovereign governmental entity, any dispute arising
from or in connection with this End-User License Agreement shall be submitted to the sole and exclusive
forum of the state and federal courts sitting in New Castle County, Delaware (the "
Delaware Courts
"),
and each Party irrevocably submits to the jurisdiction of the Delaware Courts for the litigation of such
disputes. Each Party hereby irrevocably waives, and agrees not to assert in any suit, action or proceeding
brought in the Delaware Courts, any claim or defense that the Party is not subject to the jurisdiction of
the Delaware Courts, that the Delaware Courts are an inconvenient forum, or that the Delaware Courts
are an improper venue.
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