SKF On-line System WVT User Manual page 14

any act of God, any acts of the common
enemy, the elements, earthquakes, floods,
fires, epidemics, riots, failures or delay in
transportation or
provided, however, that lack of funds shall
not be deemed to be a reason beyond a
party's reasonable control. The Parties
will promptly inform and consult with each
other as to any of the above causes that in
their judgment may or could be the cause
of a delay in the performance of this
Agreement.
12. NOTICES
All notices under this Agreement are to be
delivered by depositing the notice in the
mail, using registered mail, return receipt
requested, to the party's last known
principal business address or to any other
address as the party may designate by
providing notice. The notice shall be
deemed delivered four (4) days after the
notice's deposit in the mail, if such notice
has been sent by registered mail.
13. CHOICE OF LAW
This Agreement (including all Exhibits),
including its formation, execution,
interpretation, and performance, and the
rights and obligations of the Parties
hereunder, shall be governed by and
construed in accordance with the laws of
the Commonwealth of Pennsylvania,
without regard to any conflicts of law (or
choice of law) principles thereof.
14. CONSENT TO JURISDICTION
In the event that either party initiates
litigation relating to or arising out of this
Agreement, Licensor and Licensee
irrevocably submit to the exclusive
jurisdiction of the state or federal court in
or for Philadelphia, Pennsylvania for the
purposes of any suit, action or other
proceeding relating to arising out of this
Agreement or any transaction
contemplated hereby or thereby ("Legal
Proceedings"). Licensee further agree that
service of any process, summons, notice,
or document by U.S. registered mail to
communications;
such Party's respective address shall be
effective service of process for any Legal
Proceeding. Licensor and Licensee
irrevocably and unconditionally waive any
objection to personal jurisdiction and/or
the laying of venue of any Legal
Proceeding in the state or federal court in
or for Philadelphia, Pennsylvania, and
hereby further irrevocably and
unconditionally agree not to plead, argue,
or claim in any such court that any Legal
Proceeding brought in any such court has
been brought in an inconvenient forum
and otherwise waive any and all objections
to the forum.
15. EXPORT CONTROLS
Licensee shall not export or reexport,
directly or indirectly, the Software without
complying with the export controls
imposed by the United States Export
Administration Act of 1979, as amended
(or any future U.S. export control
legislation) and the regulations
promulgated thereunder.
16. GOVERNMENT END USERS
If Licensee is acquiring the Software for or
on behalf of a subdivision of the U.S.
federal government, this Section 16 shall
apply. The Software was developed
completely at private expense, is existing
computer software, is a trade secret for all
purposes of the Freedom of Information
Act, is "restricted computer software" and
in all respects proprietary data belonging
solely to Licensor, and all rights are
reserved under the copyright laws of the
United States. Use, duplication, or
disclosure by the Government is subject to
restricted rights as set forth in
subparagraphs (a) through (d) of the
Commercial Computer Software Restricted
Rights clause at FAR 52.227-19, or for
DoD units, the restrictions as set forth in
subparagraph (c)(1)(ii) of the Rights in
Technical Data and Computer Software
clause at DFARS 252.227-7013.