Installing VolServ
General
No Assignment
Modification
Governing Law
Disputes
Enforcement Costs
Limitations on
Actions
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 of this is null and void.
This License or any Exhibit thereto can only be modified by a written agreement executed by Licensee and ADIC.
THIS LICENSE WILL BE GOVERNED BY THE LAWS OF THE STATE OF COLORADO. All litigation between the parties, including all applications for injunctive relief, shall be conducted before a court of competent jurisdiction within Arapahoe County, Colorado, 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.
The parties agree to submit all disputes between them arising out of or related to this License or the breach, alleged breach or interpretation thereof to binding arbitration. Within 30 days after either party has notified the other in writing that it is submitting a dispute to arbitration, one arbitrator shall be chosen under the rules of the American Arbitration Association (“AAA”) pertaining to commercial disputes. The ensuing arbitration shall be held in Arapahoe County, Colorado. The arbitration award shall be by a written decision and shall be final and binding. The decision of the arbitrators may be entered in and enforced by any court of competent jurisdiction.
The party prevailing in any litigation or legal proceeding, including arbitration, arising out of any dispute under this Agreement shall be entitled to recover reasonable attorneys’ fees and costs from the other party.
Any action, regardless of form, arising out of the transactions under this License, may not be brought by either party more than one year after the cause of action has accrued, except that an action for nonpayment may be brought within four years after the last payment date.
License Agreement | xiii |
