Laserfiche WebLink
LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE <br />LIMITATION OR EXCLUSION MAY NOT APPLY TO THE CITY. <br />7. Export Laws <br />The export or re-export of United States original software and documentation is subject <br />to the Export Administration Act of 1969 as amended. Compliance with such regulations is the <br />City's responsibility. The City agrees that neither the City nor the City's customers intend to or <br />will, directly or indirectly, export or transmit the Product or related documentation or technical <br />data to any country to which such export or transmission is restricted by any applicable United <br />States regulation or statute, without the proper written consent, if required of the Bureau of <br />Export Administration of the United States Department of Commerce, or such other <br />governmental entity as may have jurisdiction over such export or transmission. <br />8. Miscellaneous <br />In the event a party brings legal action against the other party to enforce the terms of this <br />Software Agreement, the prevailing party shall be entitled to recover reasonable attorney fees <br />and expenses for any proceeding, at or before trial and upon appeal, in addition to any other <br />relief deemed appropriate by the court. <br />The City agrees to submit to exclusive jurisdiction in the federal and state courts of <br />Maryland, U.S.A. in the event of a dispute regarding this Software Agreement. This Software <br />Agreement shall be interpreted pursuant to Maryland law without regard to principles of <br />conflicts of laws. <br />If for any reason a court of competent jurisdiction finds any provision of the Software <br />Agreement to be unenforceable, that provision will be enforced to the maximum extent possible <br />to effectuate the intent of the parties, and the remainder of the Software Agreement shall <br />continue in full force and effect. <br />9. Entire Agreement <br />This Software Agreement constitutes the complete agreement between the City and Eka <br />regarding licensing and the City's use of the Software and does not abrogate any provision of the <br />Advanced Metering Infrastructure Agreement This Agreement may not be modified unless a <br />written amendment is signed by a corporate officer of Eka. If the City has any questions <br />concerning this Software Agreement, please contact Eka Systems. <br />Eka Systems, Inc. <br />20201 Century Boulevard, Suite 250 <br />Germantown, MD 20874 <br />Copyright (c) 2008 by Eka Systems, Inc. All rights reserved. <br />Advanced Metering Infrastructure Agreement Page 45 <br />