11
10.4
Any failure of either party hereto to enforce at any time or for any period of time,
any of the provisions of this Agreement shall not be construed as a waiver of such
provision or right or remedy of the party to enforce such provision.
10.5
This Agreement does not authorize either party an agent, partner or employee or
legal representative of the other party for any purpose whatsoever. Neither party is
granted any right or authority to assume or create any obligation or responsibility,
expressly or impliedly, on behalf of or in the name of the other party or to bind the
other party in any manner or thing whatsoever.
10.6
Any and all disputes, controversies or differences which may arise between the
parties hereto out of or in relation to or in connection with this Agreement shall be
finally and exclusively settled by the competent courts of Japan.
10.7
The formation, validity, construction and performance of this Agreement and all
amendments and supplements hereto shall be governed and interpreted by and in
accordance with the laws of Japan without reference to conflict of law rules.
10.8
The prevailing party in any judicial action, if any, brought to enforce or interpret
this Agreement or for relief for the breach hereof shall be entitled to recover its
reasonable attorney’s fees therein incurred.
10.9
The headings of this Agreement and respective Section hereof are used for
convenience only and shall not affect in any way the construction of the provisions
to which they refer.
10.10
This Agreement constitutes the final and entire agreement between the parties
hereto with respect to the subject matter hereof and supersedes all previous
negotiations, representations, statements, agreement or commitments, whether
oral or in writing and whether express or implied, between the parties hereto.
10.11
Omron may, at its discretion, change this Agreement at any time by any reason.
Licensee is deemed to agree to all provisions of the changed Agreement if Licensee
uses the Licensed Software after such changes are made.
End
