PSC Falcon 4620 User Manual page 9

Appendix
9. Government Restricted Rights; International Use.
9.1 Use, duplication, or disclosure of the Software by the U.S. Government is subject to the restrictions for computer software developed at private expense
as set forth in the U.S. Federal Acquisition Regulations at FAR 52.227-14(g), or 52.227-19 or in the Rights in Technical Data and Computer Software clause
at DFARS 252.227-7013(c)(1)(ii), whichever is applicable.
9.2 If End User is using the PSC Product outside of the United States, End User must comply with the applicable local laws of the country in which the PSC
Product is used, with U.S. export control laws, and with the English language version of this Agreement. The provisions of the "United Nations Convention on
International Sale of Goods" shall not apply to this Agreement.
10. Termination.
10.1 Either party may terminate this Agreement or any license granted under this Agreement at any time upon written notice if the other party breaches any
provision of this Agreement.
10.2 Upon termination of this Agreement, End User immediately shall cease using any non-preloaded software and shall return to PSC or destroy all non-
preloaded software covered by this Agreement, and shall furnish PSC with a certificate of compliance with this provision signed by an officer or authorized
representative of End User. For preloaded software, End User agrees to sign a waiver prepared by PSC concerning further use of the preloaded Software.
End User's resumed or continued use of the preloaded Software after termination shall constitute End User's agreement to be bound by the terms and con-
ditions of this Agreement for such use.
11. General Provisions.
11.1 Entire Agreement; Amendment. This document contains the entire agreement between the parties relating to the licensing of the Software and super-
sedes all prior or contemporaneous agreements, written or oral, between the parties concerning the licensing of the Software. This Agreement may not be
changed, amended, or modified except by written document signed by PSC.
11.2 Notice. All notices required or authorized under this Agreement shall be given in writing, and shall be effective when received, with evidence of receipt.
Notices to PSC shall be sent to the attention of Contract Administration, PSC Inc., 959 Terry Street, Eugene, OR 97402, or such other address as may be
specified by PSC in writing.
11.3 Waiver. A party's failure to enforce any of the terms and conditions of this Agreement shall not prevent the party's later enforcement of such terms and
conditions.
11.4 Governing Law; Venue: This Agreement and the rights of the parties hereunder shall be governed by and construed in accordance with the laws of the
State of Oregon U.S.A, without regard to the rules governing conflicts of law. The state or federal courts of the State of Oregon located in either Multnomah
or Lane counties shall have exclusive jurisdiction over all matters regarding this Agreement, except that PSC shall have the right, at its absolute discretion, to
initiate proceedings in the courts of any other state, country, or territory in which End User resides, or in which any of End User's assets are located.
11.5 Attorneys' Fees. In the event an action is brought to enforce the terms and conditions of this Agreement, the prevailing party shall be entitled to reason-
able attorneys' fees, both at trial and on appeal.
- END -
User's Guide vii