Unless otherwise specified herein, termination is not an exclusive remedy and the exercise by either party of any remedy under this Agreement will be without prejudice to any other remedies it may have under this Agreement, by law, or otherwise. Upon any expiration or termination of this Agreement, you shall cease any and all use of any Software Product and immediately pay any outstanding fees due hereunder. Sections 2. After the Warranty Period, Seagull Scientific does not warrant that your use of the Software Product will be uninterrupted or error-free or that any security mechanisms implemented by the Software Product will not have inherent limitations.

After the Warranty Period, Seagull Scientific will use its best efforts to resolve the reported nonconformity of the Software Product. The above warranty shall not apply: a if the Software Product is used with hardware or software not authorized in the Documentation; b if any modifications are made to the Software Product by you or any third party; c to defects in the Software Product due to accident, abuse or improper use by you; d to any Trial license, NFR license or other Software Product provided as a beta, preview or an evaluation basis.

Support and Maintenance. Limitation of Remedies; Indemnification and Damages. Export Compliance. You acknowledge that the Software Product is subject to export restrictions by the United States government and may be subject to import restrictions by certain foreign governments, and you agree to comply with all applicable export and import laws and regulations in your download of, access to, and use of the Software Product. You shall not and shall not allow any third-party to remove or export from the United States or allow the export or re-export of any part of the Software Product or any direct product thereof: a into or to a national or resident of any embargoed or terrorist-supporting country; b to anyone on the U.

You represent and warrant that you are not located in, under the control of, or a national or resident of any such prohibited country. You also certify that you are not a Prohibited Person nor owned, controlled by, or acting on behalf of a Prohibited Person.

You agree not to use or provide the Software Product for any prohibited end use, including to support any nuclear, chemical, or biological weapons proliferation, or missile technology, without the prior permission of the United States government.

This Agreement will bind and inure to the benefit of the parties and your respective successor s and permitted assign s. If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited to the minimum extent necessary so that this Agreement shall otherwise remain in effect.

Excluding conflict of laws rules, this Agreement shall be governed by and construed under the laws of the State of Washington, USA. Should any legal action be necessary between the parties such legal action shall be filed in Bellevue, Washington, USA. The prevailing party in any litigation arising out of this Agreement shall be entitled to be reimbursed for all attorney's fees, expense, and associated costs.

If any provision of the Agreement shall be held to be invalid, illegal, or unenforceable, the remaining provisions shall nevertheless be given full force and effect. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act, as currently enacted by any jurisdiction or as may be codified or amended from time to time by any jurisdiction, do not apply to this Agreement.

Any notice or report hereunder shall be in writing or in electronic format. If to Seagull Scientific by email, such notice or report shall be sent to: legal SeagullScientific. If to you, such notice or report shall be sent to the mailing or email address you provided upon placing your order. Notices and reports sent by mail shall be deemed given: a upon receipt if by personal delivery; b upon receipt if sent by certified or registered mail return receipt requested ; or c one day after it is sent if by next day delivery by a major commercial delivery service.

Any notices and reports sent by email shall be effective upon receipt of the same. No waiver will be implied from conduct or failure to enforce or exercise rights under this Agreement, nor will any waiver be effective unless in a writing signed by a duly authorized representative on behalf of the party claimed to have waived. All conflicting terms in any purchase order or other business form employed by you, including any electronic invoicing portals, vendor registration processes, or forms related to individuals being on your premises for Professional Services, are void, and any such document relating to this Agreement shall be for administrative purposes only and shall have no legal effect.

This Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements and communications relating to the subject matter of this Agreement. The parties are independent contractors. This Agreement does not create a partnership, franchise, joint venture, agency, fiduciary or employment relationship between the parties.

Each party will be solely responsible for payment of all compensation owed to its employees, as well as all employment-related taxes. In many instances, Seagull Scientific may elect to resolve the question of whether use is compliant. In such instances, Seagull Scientific may, at its reasonable discretion, request a user-initiated audit. Where necessary to achieve compliance, you shall promptly a obtain the applicable license s from Seagull, or from an Authorized Partner, required to bring you into compliance; and, b pay the applicable fees in respect of such license s.

In instances where Seagull Scientific does not elect to offer the opportunity for user-initiated audit or where the user-initiated audit does not result in a certification that Seagull Scientific does find to reasonably resolve the question of whether use is compliant, then, pursuant to this provision, Seagull Scientific reserves the right to request an audit of your use of the Software Product and your compliance with this Agreement, including inspection of software monitoring system and records.

The request, if any, will be made with reasonable prior notice and the audit will be conducted on your premises on a mutually acceptable date and during your regular business hours.

In the event that you have installed, accessed or permitted access to or use of the Software Product in a manner that is not permitted under this Agreement or been out-of-compliance with the terms of this Agreement, then you will, within thirty 30 days of notification by us, remedy the matter s or otherwise respond to Seagull Scientific in writing specifying the audit results that you dispute. Further, Seagull Scientific may terminate this Agreement pursuant to Section 6 Term and Termination if you do not work cooperatively with the auditor.

The Software Product is commercial computer software. If the user or licensee of the Software Product is an agency, department, or other entity of the United States Government, the use, duplication, reproduction, release, modification, disclosure, or transfer of the Software Product, or any related documentation of any kind, including technical data and manuals, is restricted by a license agreement or by the terms of this Agreement in accordance with Federal Acquisition Regulation The Software Product was developed fully at private expense.

All other use is prohibited. From time to time, the efficacy of the Seagull Scientific Software Product might be shown by the experience of others using the same Seagull Scientific Software Product. Seagull Scientific will not infer your endorsement of our Software Product. We will simply acknowledge that you are a user. Regardless of any language into which this Agreement may be translated, the official, controlling and governing version of this Agreement shall be exclusively the English language version.

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