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(2) When this Agreement is expired or terminated, the Licensee shall
return the Software, its copies and its derivatives to Yokogawa without delay,
and if the Licensee destroys and disposes of the media of the Software
under Yokogawa's consent, the Licensee shall delete the contents of such
media or destroy media surely.
12. Governing Law and Arbitration
(1) This Agreement has been executed and delivered at Tokyo, Japan and
shall be governed by and construed in accordance with the laws of Japan,
without application of its conflict of law principles.
(2) 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 settled by arbitration in Tokyo, Japan in accordance with the
Commercial Arbitration Rules of the Japan Commercial Arbitration
Association. The award rendered by the arbitrator(s) shall be final and
binding upon the parties hereto and any right of judicial review by or appeal
or application to courts of or in any country, land, nation, state,
commonwealth or region or under any jurisdiction with respect to any
question of laws in the course of the arbitration or out of the award shall be
excluded.
13. Entire Agreement
This Agreement constitutes the entire agreement between the parties with
respect to the subject matter hereof and shall supersede any previous
understandings or agreements relating thereto.
14. EFFECTIVENESS
THE LICENSEE SHALL WARRANT AND REPRESENT THAT ALL AND
ANY OF THE TERMS AND CONDITIONS OF THIS AGREEMENT ARE
EFFECTIVE AND VALID WITHOUT ANY AMENDMENT, PROHIBITION
OR OTHERWISE, IN OR UNDER THE LICENSEE'S COUNTRY AND
JURISDICTION. IF ANY OF THE TERMS AND CONDITIONS OF THIS
AGREEMENT ARE NULL AND VOID, AMENDED, PROHIBITED OR
OTHEWISE IN OR UNDER THE LICENSEE'S COUNTRY AND
JURISDICTION, THE LICENSEE SHALL NOT USE ANY OF SUCH
SOFTWARE.