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12.02 This Software License shall be governing by and construed according to the laws of the State of Texas. 12.03 The rights and obligations of Itron and Buyer under this Software License are strictly personal and neither Itron nor Buyer may, without the prior written consent of the other, assign this Software License or any right or obligation hereùnder, whether voluntarily, involuntarily or by operation of law; and no assignee or successor of Itron or Buyer shall have or acquire any right hereunder without the other's prior written consent. 12.04 This Software License, constitutes the entire understanding and agreement between the parties with respect to the matters contemplated hereunder and supersedes all previous negotiations, commitments, writing and agreements with respect to the subject matter hereof. No waivers, alterations or amendments of any of the provisions herein shall be binding unless in writing and signed by the duly authorized representatives of the parties hereto. 12.05 Itron shall not be liable to Buyer for any delay under this Software License or failure to perform its duties under this Software License if such delay or failure to perform is due to any cause beyond its control, including but not limited to an act of God, war, act of government, fire, flood, sabotage, labor dispute, or delay or failure to perform by a third party equipment supplier. In case of delay, the time of performance shall be extended for a period equal to the time lost by reason of delay. 12.06 If any part of this Software License is judicially determined to be invalid, the parties agree that such part shall be severable and all remàining parts shall retain their full force and effect. 12.07 The heading set out in this Software License are for convenience only and shall not affect or be relied upon in the construction or interpretation of this Software License or any provision hereof. 7