Lucent Technologies USS-720 manual Applicable Law, Disputes

USS-720
Software Use Agreement	February 1999

USS-720 Driver Software (Object Code) License Agreement (continued)

4.09 Applicable Law

The construction and performance of this agreement shall be governed by the laws of the State of New York, U.S.A., excluding choice of law rules.

4.10 Disputes

If a dispute arises out of or relates to this Agreement, or its breach, the parties agree to submit the dispute to a sole mediator selected by the parties or, at any time at the option of a party, to mediation by the American Arbitration Association (“AAA”). If not thus resolved it shall be referred to a sole arbitrator selected by the parties within thirty

(30)days of the mediation or, in the absence of such selection, to AAA binding arbitration which shall be governed by the United States Arbitration Act and judgment on the award may be entered in any court having jurisdiction. The mediation or arbitration shall be held in New York City. The arbitrator may not limit, expand or otherwise modify the terms of the Agreement. The arbitrator shall not have authority to award punitive, exemplary or other damages in excess of compensatory damages and each party irrevocably waives any claim thereto. Each party shall bear its own expenses and those of the mediator and arbitrator shall be borne equally. The parties, their representatives, other participants and the mediator and arbitrator shall hold the existence, content and result of mediation and arbi- tration in confidence.

IN WITNESS WHEREOF, each of the parties has caused this agreement to be executed in duplicate originals by its duly authorized representatives on the respective dates entered below.

LUCENT TECHNOLOGIES INC.

By	{Marketing person's name}
Title	{Marketing person's title}
Date

Signed:___________________________________

{company name}

By

Title

Date

Signed:___________________________________

3-6 Lucent Technologies Inc.