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8. Export and Re-export. Licensee agrees not to export, directly or indirectly, the Software or related technical data
or information without first obtaining any required export licenses or other governmental approvals. Without limiting
the foregoing, Licensee, on behalf of itself and its subsidiaries and affiliates, agrees that it will not, without first
obtaining all export licenses and approvals required by the U.S. Government: (i) export, re-export, transfer, or divert
any such Software or technical data, or any direct product thereof, to any country to which such exports or re-exports
are restricted or embargoed under United States export control laws and regulations, or to any national or resident of
such restricted or embargoed countries; or (ii) provide the Software or related technical data or information to any
military end user or for any military end use, including the design, development, or production of any chemical,
nuclear, or biological weapons.
9. General. If any provision of this Agreement is held to be invalid or unenforceable by a court of competent
jurisdiction, the remainder of the provisions of this Agreement shall remain in full force and effect. This Agreement
will be governed by the laws of the state of California.
Should you have any questions concerning this Agreement, contact Bay Networks, Inc., 4401 Great America Parkway,
P.O. Box 58185, Santa Clara, California 95052-8185.
LICENSEE ACKNOWLEDGES THAT LICENSEE HAS READ THIS AGREEMENT, UNDERSTANDS IT, AND
AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS. LICENSEE FURTHER AGREES THAT THIS
AGREEMENT IS THE ENTIRE AND EXCLUSIVE AGREEMENT BETWEEN BAY NETWORKS AND
LICENSEE, WHICH SUPERSEDES ALL PRIOR ORAL AND WRITTEN AGREEMENTS AND
COMMUNICATIONS BETWEEN THE PARTIES PERTAINING TO THE SUBJECT MATTER OF THIS
AGREEMENT. NO DIFFERENT OR ADDITIONAL TERMS WILL BE ENFORCEABLE AGAINST
BAY NETWORKS UNLESS BAY NETWORKS GIVES ITS EXPRESS WRITTEN CONSENT, INCLUDING
AN EXPRESS WAIVER OF THE TERMS OF THIS AGREEMENT.
893-01019-A
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