HP Latex 820 Legal information - Page 21

Governing Law; Severability; Waiver.

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13. EXPORT REGULATION. You acknowledge that the Licensed Software and related technical data and services (collectively "Controlled Technology") are subject to the import and export laws of the United States, specifically the U.S. Export Administration Regulations (EAR), and the laws of any country where Controlled Technology is imported or re-exported. You agree to comply with all relevant laws and will not to export any Controlled Technology in contravention to U.S. law nor to any prohibited country, entity, or person for which an export license or other governmental approval is required. All Symantec products, including the Controlled Technology are prohibited for export or re-export to Cuba, North Korea, Iran, Syria and Sudan and to any country subject to relevant trade sanctions. You hereby agree that You will not export or sell any Controlled Technology for use in connection with chemical, biological, or nuclear weapons, or missiles, drones or space launch vehicles capable of delivering such weapons. 14. TERMINATION. This License Agreement shall terminate upon Your breach of any term contained herein. Upon termination, You shall immediately stop using and destroy all copies of the Licensed Software. 15. SURVIVAL. The following provisions of this License Agreement survive termination of this License Agreement: Definitions, License Restrictions and any other restrictions on use of intellectual property, Ownership/Title, Warranty Disclaimers, Limitation of Liability, U.S. Government Restricted Rights, Export Regulation, Survival, and General. 16. GENERAL. 16.1. ASSIGNMENT. You may not assign the rights granted hereunder or this License Agreement, in whole or in part and whether by operation of contract, law or otherwise, without Symantec's prior express written consent. 16.2. COMPLIANCE WITH APPLICABLE LAW. You are solely responsible for Your compliance with, and You agree to comply with, all applicable laws, rules, and regulations in connection with Your use of the Licensed Software. 16.3. AUDIT. An auditor, selected by Symantec and reasonably acceptable to You, may, upon reasonable notice and during normal business hours, but not more often than once each year, inspect Your records and deployment in order to confirm that Your use of the Licensed Software complies with this License Agreement and the applicable License Instrument. Symantec shall bear the costs of any such audit, except where the audit demonstrates that the Manufacturer's Suggested Reseller Price (MSRP) value of Your non-compliant usage exceeds five percent (5%) of the MSRP value of Your compliant deployments. In such case, in addition to purchasing appropriate licenses for any over-deployed Licensed Software, You shall reimburse Symantec for the auditor's reasonable actual fees for such audit. 16.4. GOVERNING LAW; SEVERABILITY; WAIVER. If You are located in North America or Latin America, this License Agreement will be governed by the laws of the State of California, United States of America. If you are located in China, this License Agreement will be governed by the laws of the Peoples Republic of China. Otherwise, this License Agreement will be governed by the laws of England. Such governing laws are exclusive of any provisions of the United Nations Convention on Contracts for Sale of Goods, including any amendments thereto, and without regard to principles of conflicts of law. If any provision of this License Agreement is found partly or wholly illegal or unenforceable, such provision shall be enforced to the maximum extent permissible, and remaining provisions of this License Agreement shall remain in full force and effect. A waiver of any breach or default under this License Agreement shall not constitute a waiver of any other subsequent breach or default. 16.5. THIRD PARTY PROGRAMS. This Licensed Software may contain third party software programs ("Third Party Programs") that are available under open source or free software licenses. This License Agreement does not alter any rights or obligations You may have under those open source or free software licenses. Notwithstanding anything to the contrary contained in such licenses, the disclaimer of warranties and the limitation of liability provisions in this License Agreement shall apply to such Third Party Programs. ENWW 17

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13.
EXPORT REGULATION.
You acknowledge that the Licensed Software and related technical data
and services (collectively "Controlled Technology") are subject to the import and export laws of the
United States, specifically the U.S. Export Administration Regulations (EAR), and the laws of any
country where Controlled Technology is imported or re-exported. You agree to comply with all
relevant laws and will not to export any Controlled Technology in contravention to U.S. law nor to
any prohibited country, entity, or person for which an export license or other governmental approval
is required. All Symantec products, including the Controlled Technology are prohibited for export
or re-export to Cuba, North Korea, Iran, Syria and Sudan and to any country subject to relevant
trade sanctions. You hereby agree that You will not export or sell any Controlled Technology for
use in connection with chemical, biological, or nuclear weapons, or missiles, drones or space
launch vehicles capable of delivering such weapons.
14.
TERMINATION.
This License Agreement shall terminate upon Your breach of any term contained
herein. Upon termination, You shall immediately stop using and destroy all copies of the Licensed
Software.
15.
SURVIVAL.
The following provisions of this License Agreement survive termination of this License
Agreement: Definitions, License Restrictions and any other restrictions on use of intellectual
property, Ownership/Title, Warranty Disclaimers, Limitation of Liability, U.S. Government
Restricted Rights, Export Regulation, Survival, and General.
16.
GENERAL.
16.1.
ASSIGNMENT.
You may not assign the rights granted hereunder or this License Agreement,
in whole or in part and whether by operation of contract, law or otherwise, without Symantec’s prior
express written consent.
16.2.
COMPLIANCE WITH APPLICABLE LAW.
You are solely responsible for Your compliance
with, and You agree to comply with, all applicable laws, rules, and regulations in connection with
Your use of the Licensed Software.
16.3.
AUDIT.
An auditor, selected by Symantec and reasonably acceptable to You, may, upon
reasonable notice and during normal business hours, but not more often than once each year,
inspect Your records and deployment in order to confirm that Your use of the Licensed Software
complies with this License Agreement and the applicable License Instrument. Symantec shall bear
the costs of any such audit, except where the audit demonstrates that the Manufacturer’s
Suggested Reseller Price (MSRP) value of Your non-compliant usage exceeds five percent (5%)
of the MSRP value of Your compliant deployments. In such case, in addition to purchasing
appropriate licenses for any over-deployed Licensed Software, You shall reimburse Symantec for
the auditor’s reasonable actual fees for such audit.
16.4.
GOVERNING LAW; SEVERABILITY; WAIVER.
If You are located in North America or Latin
America, this License Agreement will be governed by the laws of the State of California, United
States of America. If you are located in China, this License Agreement will be governed by the laws
of the Peoples Republic of China. Otherwise, this License Agreement will be governed by the laws
of England. Such governing laws are exclusive of any provisions of the United Nations Convention
on Contracts for Sale of Goods, including any amendments thereto, and without regard to principles
of conflicts of law. If any provision of this License Agreement is found partly or wholly illegal or
unenforceable, such provision shall be enforced to the maximum extent permissible, and remaining
provisions of this License Agreement shall remain in full force and effect. A waiver of any breach
or default under this License Agreement shall not constitute a waiver of any other subsequent
breach or default.
16.5.
THIRD PARTY PROGRAMS.
This Licensed Software may contain third party software
programs (“Third Party Programs”) that are available under open source or free software licenses.
This License Agreement does not alter any rights or obligations You may have under those open
source or free software licenses. Notwithstanding anything to the contrary contained in such
licenses, the disclaimer of warranties and the limitation of liability provisions in this License
Agreement shall apply to such Third Party Programs.
ENWW
17