SKF On-line System WVT User Manual page 15

17. TRADEMARKS
Licensee agrees that SKF @ptitude
Analyst, SKF @ptitude Inspector, SKF
@ptitude Observer, SKF @ptitude Decision
Support or any other software within the
SKF @ptitude family suite and the trade
dress, logos and other designations of
source used by Licensor to identify the
Software are trademarks or registered
trademarks of Licensor. Licensee shall not
use Licensor's trademarks or service
marks without the prior written consent of
Licensor. If the Software contains any
active links to web sites, you agree to
maintain such active links and not redirect
or modify them.
18. GENERAL PROVISIONS
(a) Complete Agreement. The Parties
agree that this Agreement is the
complete and exclusive statement of
the agreement between the Parties,
which supersedes and merges all
prior proposals, understandings and
all other agreements, oral or written,
between the Parties relating to the
use of the Software.
Amendment. This Agreement may
(b)
not be modified, altered or amended
except by written instrument duly
executed by both Parties. Any
purchase orders or other ordering
documents issued to Licensee by
Licensor shall not have the effect of
amending or modifying this
Agreement, and shall only serve to
memorialize the number of licenses
or products ordered by Licensee. In
the event of a conflict between the
PSP Policies and this Agreement, the
terms of this Agreement shall
control.
(c) Waiver. The waiver or failure of
either party to exercise in any respect
any right provided for in this
Agreement shall not be deemed a
waiver of any further right under this
Agreement.
(d) Severability. If any provision of this
Agreement is invalid, illegal or
unenforceable under any applicable
statute or rule of law, it is to that
extent to be deemed omitted. The
remainder of the Agreement shall be
valid and enforceable to the
maximum extent possible.
(e) Read and Understood. Each party
acknowledges that it has read and
understands this Agreement and
agrees to be bound by its terms.
(f) Limitations Period. No action
arising under, or related to, this
Agreement, may be brought by either
party against the other more than
two (2) years after the cause of
action accrues, unless the cause of
action involves death or personal
injury.
Attorneys' Fees. In the event any
(g)
litigation is brought by either party in
connection with this Agreement, the
prevailing party in such litigation will
be entitled to recover from the other
party all the costs, reasonable
attorneys' fees, and other expenses
incurred by such prevailing party in
the litigation.
(h) Authorized Representative. The
person installing or using the
Software on behalf of Licensee
represents and warrants that he or
she is legally authorized to bind
Licensee and commit Licensee to the
terms of this Agreement.
(i) Injunctive Relief. Licensee agrees
that Licensor may suffer irreparable
harm as a result of a violation of
Sections 2, 4, 6, 10, 15, and 17 of
this Agreement and that monetary
damages in such event would be