SNMS
General
a.No Assignment. This License is not assignable. None of the Software or Documentation may be sublicensed, assigned, or transferred to any other party without ADIC’s prior written consent. Any effort contradictory with this is null and void.
b.Modification. This License or any Exhibit hereto can only be modified by a written agreement executed by Licensee and ADIC.
c.Governing Law. The laws of the state of Washington will govern this license. All litigation between the parties, including all applications for injunctive relief, must be conducted before a court of competent jurisdiction within King County, Washington, USA and both parties consent to personal jurisdiction of such court. If any of the provisions of this License are held to be invalid under any applicable statute or law, they are, to that extent, deemed omitted.
d.Enforcement Costs. The party prevailing in any litigation or legal proceeding, including arbitration, arising out of any dispute under this Agreement will be entitled to recover reasonable attorneys’ fees and costs from the other party.
e.Limitations on Actions. Any action, regardless of form, arising out of the transactions under this License, may not be brought by either party more than one (1) year after the cause of action has accrued, except that an action for nonpayment may be brought within four (4) years after the last payment date.
Entirety
Licensee acknowledges that it has read this Software License, understands it, and agrees to be bound by its terms and conditions. Further, Licensee agrees that this is the complete and exclusive statement of the agreement between the parties and supersedes all proposals or prior agreements, oral or written and all other communications between the parties relating to the subject matter of this License. Any variance from the terms and conditions of this License or any supplement in any Licensee purchase order or other written notification or agreement will be of no effect.
License Agreement | xi |
