D-17
Open Source Licenses
8.5 Choice of Law and Forum. This Agreement shall be governed by and construed under
the laws of the State of California, without giving effect to such state's conflict of laws principles.
The parties hereby submit to the personal jurisdiction of, and agree that any legal proceeding with
respect to or arising under this Agreement shall be brought in, the United States District Court for
the Northern District of California or the state courts of the State of California for the County of
San Francisco.
8.6 U.S. Government Licenses. The Software and Documentation are considered a
"commercial item" as that term is defined at 48 C.F.R 2.101, or "commercial computer software"
and "commercial computer software documentation" as such terms are used in 48 C.F.R 12.212
of the Federal Acquisition Regulations and its successors, and 48 C.F.R. 227.7202 of the DoD
FAR Supplement and its successors.
8.7 Severability. If any provision of this Agreement is held to be unenforceable under
applicable law, then such provision shall be excluded from this Agreement and the balance of this
Agreement shall be interpreted as if such provision were so excluded and shall be enforceable in
accordance with its terms. The court in its discretion may substitute for the excluded provision an
enforceable provision which in economic substance reasonably approximates the excluded
provision.
8.8 Compliance With Law. Licensee shall comply with all applicable laws and regulations
(including privacy laws and regulations) having application to or governing its use and/or
operation of the Software and agrees to indemnify and hold InMon harmless from and against any
claims, damages, losses or obligations suffered or incurred by InMon arising from its failure to so
comply.
8.9 Entire Agreement; Amendment. This Agreement constitutes the final, complete and
entire agreement between the parties with respect to the subject matter hereof, and supersedes
any previous proposals, negotiations, agreements, or arrangements, whether verbal or written,
made between the parties with respect to such subject matter. This Agreement shall control over
any additional or conflicting terms in any of Licensee's purchase orders or other business forms.
This Agreement may only be amended or modified by mutual agreement of authorized
representatives of the parties in writing.
InMon Corp.
580 California Street, 5th Floor, San Francisco, CA 94104
Phone: (415) 283-3260
URL: www.inmon.com
Email: info@inmon.com
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