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<br />Any dispute or controversy concerning your use of Services described in this Booklet will <br />be decided by binding arbitration conducted in the United States of America (except as <br />you and we expressly agree otherwise) in accordance with the United States Arbitration <br />Act (Title 9, U.S. Code) under the Commercial Arbitration Rules of the American <br />Arbitration Association. Under these procedures, the dispute is submitted to a neutral <br />person for determination in place of a trial before a judge or jury. Judgment upon the <br />award made by the arbitrator may be entered in any court having jurisdiction. <br /> <br />. <br />I <br /> <br />Without regard to the foregoing, any dispute or controversy that arises from an Electronic <br />Funds Transfer Service will be decided by a judge without a jury in a United States of <br />America federal or state court (except as you and we expressly agree otherwise in <br />writing). This means that in these instances you waive any right to a trial by jury in any <br />action or proceeding and agree that such action or proceeding will be tried before a <br />judge without a jury. <br /> <br />Either you or we may exercise self-help remedies or obtain provisional or ancillary <br />remedies from a court. Vou or we may exercise or obtain these remedies at any time, <br />even while the arbitration or trial by a judge is pending. By exercising or obtaining any <br />such remedies, neither you nor we waive the right to request that a dispute or <br />controversy be decided by arbitration or trial by a judge. <br /> <br />SOFTWARE LICENSE <br /> <br />This section applies to all Software we provide to you after you return the Agreement 1 <br />and Authorization form unless we provide you a separate license agreement for specific <br />Software (including a "click-wrap" Software license you may obtain from us by <br />downloading from our website and including, in the case of the Commercial and <br />Corporate Card Services, the licenses for Visa InfoSpan, MasterCard SmartData and any <br />other third-party Software we provide you in connection with such Services). <br />Notwithstanding anything to the contrary in the "General Provisions" section of this <br />Booklet, the software licenses granted to you under this Software License section are <br />governed by and interpreted according to the laws of the State of California without <br />reference to its principles of conflicts of law. <br /> <br />LICENSE <br />For each Software application we provide to you for one or more Services, we grant you <br />a non-exclusive, non-transferable license for the use of that Software and its related <br />Materials. Each license is granted solely for use in object code form only in connection <br />with one or more Services. Vou may use the Software only in accordance with the <br />applicable User Documentation. <br /> <br />The Software, its source code, the related Materials and all copyright, patent, trademark, <br />trade secret and other rights in them are and will remain the exclusive property of us or <br />our licensors. You will secure and protect the Software (including all copies) in a manner <br />consistent with the maintenance of our rights and those of our licensors. In order to <br />protect those rights, you will reproduce and incorporate copyright notices and all other <br />proprietary legends prescribed by us in any permitted copies. Vou may not remove, <br /> <br />m' <br />