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Export Control. You agree not to export or re-export from anywhere
any part of the Product in any form except in compliance with
applicable export laws, rules and regulations, including but not limited
to the laws, rules and regulations administered by the Office of Foreign
Assets Control of the U.S. Department of Commerce and the Bureau
of Industry and Security of the U.S. Department of Commerce.
Miscellaneous. If any provision of this EULA is found to be invalid
or unenforceable, it will be enforced to the extent permissible and the
remainder of this EULA will remain in full force and effect. Failure by
COMPANY to prosecute any right with respect to a default hereunder
will not constitute a waiver by COMPANY of the right to enforce
rights with respect to the same or any other breach. No refunds or
replacements will be permitted on damaged Product.
U.S. Government End Users. If the Product is being acquired by
or on behalf of the United States Government or any other entity
seeking or applying rights similar to those customarily claimed by the
United States Government, this Product and related documentation
are “Commercial Items” as that term is defined at 48 C.F.R. (“FAR”)
2.101. This Product and related documentation are licensed to the
United States Government end users (a) only as “Commercial Items”
and (b) with only those rights as are granted to all other end users in
accordance with this EULA, and each copy of Product delivered or
otherwise furnished shall be marked and embedded as appropriate
with the following “Notice of Use,” and shall be treated in accordance
with such Notice:
Third-Party Copyright Notices. The third-party sourced data has
been incorporated into or made a part of the Product and is being
sublicensed to you subject to the terms and conditions of this EULA.
In this regard, you shall not remove or tamper with any intellectual
property rights notice attached or used in relation to data supplied by
the Licensors.
Entire Agreement. This EULA is the entire agreement between
COMPANY (and the Licensors) and you pertaining to the subject
matter hereof, and supersedes in their entirety any and all previous
written or oral communications or documents (including, if you are
obtaining an update, any agreement that may have been included with
an earlier version of the Product) with respect to such subject matter.
Governing Law. This EULA shall be governed by the laws of the
jurisdiction in which you reside at the date of acquisition of the Product.
Should you at that moment reside outside the European Union or
Switzerland, the law of the jurisdiction within the European Union or
Switzerland where you acquired the Product shall apply. In all other
cases, or if the jurisdiction where you acquired the Product cannot
be defined, the laws of the Republic of Korea shall apply. This EULA
will not be governed by the U.N. Convention on Contracts for the
International Sale of Goods. The courts competent at your place of
residence at the time you acquired the Product shall have jurisdiction
over any dispute arising out of, or relating to this EULA, without
prejudice to COMPANY’s right to bring claims at your then current
place of residence.
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