Legal Notices
TERMS OF USE
AND NOTICES AGREEMENT BETWEEN USER AND INTERAXIOM TECHNOLOGIES, INC.
The InterAxiom Technologies Web Site is comprised of various
Web sites and Web pages operated by InterAxiom Technologies or its affiliates
(collectively, the "InterAxiom Technologies Web Sites"). The InterAxiom Technologies
Web Sites are offered to you conditioned on your acceptance without
modification of the terms, conditions, and notices contained herein. Your use of the
InterAxiom Technologies Web Sites constitutes your agreement to all such terms, conditions,
and notices. Your use of a particular InterAxiom Technologies Web Site included within the
InterAxiom Technologies Web Sites may also be subject to additional terms outlined
elsewhere in this agreement. Additionally, the InterAxiom Technologies Web Sites may
themselves contain additional terms that govern particular features or offers (for
example, sweepstakes or chat areas). In the event that any of the terms, conditions, and
notices contained herein conflict with the Additional Terms or other terms and guidelines
contained within any particular InterAxiom Technologies Web Site, then these terms shall
control.
MODIFICATION OF THESE TERMS OF USE
InterAxiom Technologies
reserves the right to change the
terms, conditions, and notices under which the InterAxiom Technologies Web Sites are
offered, including but not limited to the charges associated with the use of the
InterAxiom Technologies Web Sites. You are responsible for regularly reviewing these terms
and conditions.
PERSONAL AND NON-COMMERCIAL USE LIMITATION
Unless otherwise specified, the InterAxiom Technologies
Web
Sites are for your personal and non-commercial use. You may not modify, copy, distribute,
transmit, display, perform, reproduce, publish, license, create derivative works from,
transfer, or sell any information, software, products or services obtained from the
InterAxiom Technologies Web Sites.
LINKS TO THIRD PARTY SITES The InterAxiom Technologies Web Sites may contain links to other Web
Sites ("Linked Sites"). The Linked Sites are not under the control of
InterAxiom Technologies and InterAxiom Technologies is not responsible for the contents of any Linked
Site, including without limitation any link contained in a Linked Site, or any changes or
updates to a Linked Site. InterAxiom Technologies is not responsible for webcasting or any
other form of transmission received from any Linked Site. InterAxiom Technologies
is
providing these links to you only as a convenience, and the inclusion of any link does not
imply endorsement by InterAxiom Technologies of the site or any association with its
operators.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the InterAxiom Technologies
Web
Sites, you warrant to InterAxiom Technologies that you will not use the InterAxiom Technologies
Web Sites for any purpose that is unlawful or prohibited by these terms,
conditions, and notices. You may not use the InterAxiom Technologies Web Sites in any
manner which could damage, disable, overburden, or impair the InterAxiom Technologies
Web
Sites or interfere with any other party's use and enjoyment of the InterAxiom Technologies
Web Sites. You may not obtain or attempt to obtain any materials or information through
any means not intentionally made available or provided for through the InterAxiom Technologies
Web Sites.
USE OF COMMUNICATION SERVICES
The InterAxiom Technologies Web Sites may contain bulletin
board services, chat areas, news groups, forums, communities, personal web pages,
calendars, and/or other message or communication facilities designed to enable you to
communicate with the public at large or with a group (collectively, "Communication
Services"), you agree to use the Communication Services only to post, send and
receive messages and material that are proper and related to the particular Communication
Service. By way of example, and not as a limitation, you agree that when using a
Communication Service, you will not: Defame, abuse, harass, stalk, threaten or otherwise
violate the legal rights (such as rights of privacy and publicity) of others. Publish,
post, upload, distribute or disseminate any inappropriate, profane, defamatory,
infringing, obscene, indecent or unlawful topic, name, material or information. Upload
files that contain software or other material protected by intellectual property laws (or
by rights of privacy of publicity) unless you own or control the rights thereto or have
received all necessary consents. Upload files that contain viruses, corrupted files, or
any other similar software or programs that may damage the operation of another's
computer. Advertise or offer to sell or buy any goods or services for any business
purpose, unless such Communication Service specifically allows such messages. Conduct or
forward surveys, contests, pyramid schemes or chain letters. Download any file posted by
another user of a Communication Service that you know, or reasonably should know, cannot
be legally distributed in such manner. Falsify or delete any author attributions, legal or
other proper notices or proprietary designations or labels of the origin or source of
software or other material contained in a file that is uploaded. Restrict or inhibit any
other user from using and enjoying the Communication Services. Violate any code of conduct
or other guidelines which may be applicable for any particular Communication Service.
Harvest or otherwise collect information about others, including e-mail addresses, without
their consent. Violate any applicable laws or regulations. InterAxiom Technologies
has no
obligation to monitor the Communication Services. However, InterAxiom Technologies
reserves
the right to review materials posted to a Communication Service and to remove any
materials in its sole discretion. InterAxiom Technologies reserves the right to terminate
your access to any or all of the Communication Services at any time without notice for any
reason whatsoever. InterAxiom Technologies reserves the right at all times to disclose any
information as necessary to satisfy any applicable law, regulation, legal process or
governmental request, or to edit, refuse to post or to remove any information or
materials, in whole or in part, in InterAxiom Technologies's sole discretion. Always use
caution when giving out any personally identifying information about yourself or your
children in any Communication Service. InterAxiom Technologies does not control or endorse
the content, messages or information found in any Communication Service and, therefore,
InterAxiom Technologies specifically disclaims any liability with regard to the
Communication Services and any actions resulting from your participation in any
Communication Service. Managers and hosts are not authorized InterAxiom Technologies
spokespersons, and their views do not necessarily reflect those of InterAxiom Technologies.
Materials uploaded to a Communication Service may be subject to posted limitations on
usage, reproduction and/or dissemination, you are responsible for adhering to such
limitations if you download the materials.
MATERIALS PROVIDED TO INTERAXIOM
TECHNOLOGIES
OR POSTED
AT ANY INTERAXIOM TECHNOLOGIES WEB SITE
InterAxiom Technologies
does not claim ownership of the
materials you provide to InterAxiom Technologies (including feedback and suggestions) or
post, upload, input or submit to any InterAxiom Technologies Web Site or its associated
services (collectively "Submissions"). However, by posting, uploading,
inputting, providing or submitting your Submission you are granting InterAxiom Technologies, its affiliated companies and necessary sublicensees permission to use your
Submission in connection with the operation of their Internet businesses including,
without limitation, the rights to: copy, distribute, transmit, publicly display, publicly
perform, reproduce, edit, translate and reformat your Submission; and to publish your name
in connection with your Submission. No compensation will be paid with respect to the use
of your Submission, as provided herein. InterAxiom Technologies is under no obligation to
post or use any Submission you may provide and may remove any Submission at any time in
InterAxiom Technologies's sole discretion. By posting, uploading, inputting, providing or
submitting your Submission you warrant and represent that you own or otherwise control all
of the rights to your Submission as described in this section including, without
limitation, all the rights necessary for you to provide, post, upload, input or submit the
Submissions.
SOFTWARE AVAILABLE ON THE INTERAXIOM
TECHNOLOGIES
WEB
SITES
Software that is made available to download from the
InterAxiom Technologies Web Sites, excluding software that may be made available by
end-users through a Communication Service, ("Software") is the copyrighted work
of InterAxiom Technologies Corporation and/or its suppliers. Your use of the Software is
governed by the terms of the end user license agreement, if any, which accompanies or is
included with the Software ("License Agreement"). You may not install or use any
Software that is accompanied by or includes a License Agreement unless you first agree to
the License Agreement terms. For any Software not accompanied by a license agreement,
InterAxiom Technologies hereby grants to you, the user, a personal, non-transferable
license to use the Software for viewing and otherwise using the particular
InterAxiom Technologies Web Site in accordance with these Terms of Use, and for no other purpose
provided that you keep intact all copyright and other proprietary notices. All Software is
owned by InterAxiom Technologies and/or its suppliers and is protected by copyright laws
and international treaty provisions. Any reproduction or redistribution of the Software is
expressly prohibited by law, and may result in severe civil and criminal penalties.
Violators will be prosecuted to the maximum extent possible. WITHOUT LIMITING THE
FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR
FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED,
IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. You acknowledge that the
Software, and any accompanying documentation and/or technical information, is subject to
applicable export control laws and regulations of the USA. You agree not to export or
re-export the Software, directly or indirectly, to any countries that are subject to USA
export restrictions.
LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN
OR AVAILABLE THROUGH THE INTERAXIOM TECHNOLOGIES WEB SITES MAY INCLUDE INACCURACIES OR
TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. InterAxiom Technologies AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE
InterAxiom Technologies WEB SITES AT ANY TIME. ADVICE RECEIVED VIA THE InterAxiom Technologies
WEB SITES SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL
DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED
TO YOUR SITUATION. InterAxiom Technologies CORPORATION AND/OR ITS RESPECTIVE SUPPLIERS MAKE
NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND
ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED
ON THE InterAxiom Technologies WEB SITES FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE,
PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF
ANY KIND. InterAxiom Technologies AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL
WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES
AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL INTERAXIOM
AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL,
CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR
LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR
PERFORMANCE OF THE InterAxiom Technologies WEB SITES, WITH THE DELAY OR INABILITY TO USE
THE InterAxiom Technologies WEB SITES OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO
PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED
GRAPHICS OBTAINED THROUGH THE InterAxiom Technologies WEB SITES, OR OTHERWISE ARISING OUT
OF THE USE OF THE InterAxiom Technologies WEB SITES, WHETHER BASED ON CONTRACT, TORT,
NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF InterAxiom Technologies
OR ANY OF ITS
SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME
STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE
DISSATISFIED WITH ANY PORTION OF THE InterAxiom Technologies WEB SITES, OR WITH ANY OF
THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE INTERAXIOM
WEB SITES.
TERMINATION/ACCESS RESTRICTION
InterAxiom Technologies
reserves the right, in its sole
discretion, to terminate your access to any or all InterAxiom Technologies
Web Sites and
the related services or any portion thereof at any time, without notice.
GENERAL
This agreement is governed by the laws of the State of
Florida, U.S.A. You hereby consent to the exclusive jurisdiction and venue of courts in
Palm Beach County, Florida, U.S.A. in all disputes arising out of or relating to the use
of the InterAxiom Technologies Web Sites. Use of the InterAxiom Technologies
Web Sites is
unauthorized in any jurisdiction that does not give effect to all provisions of these
terms and conditions, including without limitation this paragraph. You agree that no joint
venture, partnership, employment, or agency relationship exists between you and
InterAxiom Technologies as a result of this agreement or use of the InterAxiom Technologies
Web Sites. InterAxiom Technologies's performance of this agreement is subject to existing laws and
legal process, and nothing contained in this agreement is in derogation of
InterAxiom Technologies's right to comply with governmental, court and law enforcement requests or
requirements relating to your use of the InterAxiom Technologies Web Sites or information
provided to or gathered by InterAxiom Technologies with respect to such use. If any part of
this agreement is determined to be invalid or unenforceable pursuant to applicable law
including, but not limited to, the warranty disclaimers and liability limitations set
forth above, then the invalid or unenforceable provision will be deemed superseded by a
valid, enforceable provision that most closely matches the intent of the original
provision and the remainder of the agreement shall continue in effect. Unless otherwise
specified herein, this agreement constitutes the entire agreement between the user and
InterAxiom Technologies with respect to the InterAxiom Technologies Web Sites and it
supersedes all prior or contemporaneous communications and proposals, whether electronic,
oral or written, between the user and InterAxiom Technologies with respect to the
InterAxiom Technologies Web Sites. A printed version of this agreement and of any notice
given in electronic form shall be admissible in judicial or administrative proceedings
based upon or relating to this agreement to the same extent and subject to the same
conditions as other business documents and records originally generated and maintained in
printed form.
COPYRIGHT AND TRADEMARK NOTICES:
All contents of the InterAxiom Technologies
Web Sites are:
Copyright (c) 1999-2002 InterAxiom Technologies and/or its suppliers, 639 E. Ocean Ave.
#102, Boynton Beach, Florida 33435 U.S.A. All rights reserved.
TRADEMARKS.
InterAxiom Technologies
and/or other InterAxiom Technologies products referenced herein are either trademarks or registered trademarks of
InterAxiom Technologies. The names of actual companies and products mentioned herein may be the
trademarks of their respective owners. The example companies, organizations, products,
people and events depicted herein are fictitious. No association with any real company,
organization, product, person, or event is intended or should be inferred. Any rights not
expressly granted herein are reserved.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT
INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2),
notifications of claimed copyright infringement should be sent to Service Provider's
Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO
RESPONSE. See Notice and Procedure for Making Claims of Copyright Infringement.
SERVICE CONTACT:
support@interaxiom.com
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INTERAXIOM TECHNOLOGIES SOFTWARE LICENSE AGREEMENT
Redistribution Or Rental Not
Permitted
These terms apply to software
programs and application created by InterAxiom Technologies,
Inc.
BY INSTALLING OR USING INTERAXIOM
TECHNOLOGIES SOFTWARE (THE "PRODUCT"), THE INDIVIDUAL OR ENTITY LICENSING THE PRODUCT
("LICENSEE") IS CONSENTING TO BE BOUND BY AND IS BECOMING A PARTY TO THIS
AGREEMENT. IF LICENSEE DOES NOT AGREE TO ALL
OF THE TERMS OF THIS AGREEMENT, LICENSEE MUST NOT USE THE SOFTWARE. IF THESE TERMS ARE CONSIDERED AN OFFER,
ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS.
1.
LICENSE
AGREEMENT. As used in this Agreement,
"InterAxiom" shall mean InterAxiom Technologies
Incorporated, a Florida corporation. The use
of any third party software product included in the Product shall be governed by the third
party's license agreement and not by this Agreement, whether that license agreement is
presented for acceptance the first time that the third party software is invoked, is
included in a file in electronic form, or is included in the package in printed form.
2.
LICENSE GRANT. InterAxiom grants Licensee a limited,
non-exclusive, non sublicenseable, and non-transferable license to reproduce and use for
personal or internal business purposes only, the executable code version of the Product,
provided any copy must contain all of the original proprietary notices. This license does not entitle Licensee to receive
from InterAxiom hard-copy documentation, technical support, telephone assistance, or
enhancements or updates to the Product ("Support Programs"), provided, however,
that if Licensee downloads or otherwise obtains in any manner any Support Programs they
shall become part of the Product and the terms of this Agreement shall apply. Licensee may
not customize the Product.
3.
RESTRICTIONS. Except as otherwise expressly permitted in this
Agreement, Licensee may not: (i) modify or create any derivative works of the Product or
documentation, including translation or localization; (ii) decompile, disassemble, reverse
engineer, or otherwise attempt to derive the source code for the Product (except to the
extent applicable laws specifically prohibit such restriction); (iii) encumber, sell,
rent, lease, sublicense, or otherwise transfer rights to the Product; (iv) use the
Software for timesharing or service bureau purposes; (v) remove or alter any trademark,
logo, copyright or other proprietary notices, legends, symbols or labels in the Product;
or (vi) publish any results of benchmark tests run on the Product to a third party without
InterAxiom's prior written consent.
4.
FEES. Any fees in conjunction with the creation of the
Product is stated as part of the service agreement .
If Licensee wishes to receive the Product on media, there may be a small
charge for the media and for shipping and handling. Licensee
is responsible for any and all taxes.
5.
TERMINATION. Without prejudice to any other rights, InterAxiom
may, at its sole discretion, terminate this Agreement and the license granted herein at
any time. Upon termination, Licensee shall
destroy all copies of the Product.
6.
PROPRIETARY
RIGHTS. Title, ownership rights, and
intellectual property rights in the Product shall remain in InterAxiom and/or its
suppliers. Licensee acknowledges such
ownership and intellectual property rights and will not take any action to jeopardize,
limit or interfere in any manner with InterAxiom's or its suppliers' ownership of or
rights with respect to the Product. The Product is protected by copyright and other
intellectual property laws and by international treaties.
Title and related rights in the content accessed through the Product is the
property of the applicable content owner and is protected by applicable law. The license granted under this Agreement gives
Licensee no rights to such content.
7.
DISCLAIMER OF
WARRANTY. THE PRODUCT IS PROVIDED ON AN
"AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND, INCLUDING WITHOUT LIMITATION ANY
EXPRESS OR IMPLIED WARRANTIES THAT IT IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A
PARTICULAR PURPOSE OR NON-INFRINGING. THE
ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PRODUCT IS BORNE BY LICENSEE. SHOULD THE PRODUCT PROVE DEFECTIVE IN ANY RESPECT,
LICENSEE AND NOT INTERAXIOM OR ITS SUPPLIERS OR RESELLERS ASSUMES THE ENTIRE COST OF ANY
SERVICE AND REPAIR. THIS DISCLAIMER OF
WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT.
NO USE OF THE PRODUCT IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
8.
LIMITATION OF
LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, IN NO EVENT WILL INTERAXIOM, ITS SUPPLIERS OR RESELLERS BE LIABLE FOR ANY
INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR
INABILITY TO USE THE PRODUCT, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL,
WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR
LOSSES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR
EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. IN ANY CASE, INTERAXIOM'S ENTIRE LIABILITY UNDER
ANY PROVISION OF THIS AGREEMENT SHALL NOT EXCEED IN THE AGGREGATE THE SUM OF THE FEES
LICENSEE PAID FOR THIS LICENSE (IF ANY) AND FEES FOR SUPPORT OF THE PRODUCT RECEIVED BY
INTERAXIOM UNDER A SEPARATE SUPPORT AGREEMENT (IF ANY), WITH THE EXCEPTION OF DEATH OR
PERSONAL INJURY CAUSED BY THE NEGLIGENCE OF INTERAXIOM TO THE EXTENT APPLICABLE LAW
PROHIBITS THE LIMITATION OF DAMAGES IN SUCH CASES. SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL
DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT BE APPLICABLE.
InterAxiom is not Responsible for
any liability arising out of content provided by licensee or a third party that is
accessed through the product and/or any material linked through such content. In addition, Licensee shall be solely responsible,
at its own expense, for acquiring, installing, maintaining and updating all connectivity
equipment, hardware, software and other equipment as may be necessary for it to use the
Product.
9.
MISCELLANEOUS. (a) This Agreement constitutes the entire
agreement between the parties concerning the subject matter hereof. (b) This Agreement may
be amended only by a writing signed by both parties.
(c) Except to the extent applicable law, if any, provides otherwise, this
Agreement shall be governed by the laws of the State of Florida, U.S.A., excluding its
conflict of law provisions. (d) Unless
otherwise agreed in writing, all disputes relating to this Agreement (excepting any
dispute relating to intellectual property rights) shall be subject to final and binding
arbitration in Palm Beach County, Florida. (e)
This Agreement shall not be governed by the United Nations Convention on Contracts for the
International Sale of Goods. (f) If any
provision in this Agreement should be held illegal or unenforceable by a court having
jurisdiction, such provision shall be modified to the extent necessary to render it
enforceable without losing its intent, or severed from this Agreement if no such
modification is possible, and other provisions of this Agreement shall remain in full
force and effect. (g) The controlling
language of this Agreement is English. If
Licensee has received a translation into another language, it has been provided for
Licensee's convenience only. (h) A waiver by either party of any term or condition of this
Agreement or any breach thereof, in any one instance, shall not waive such term or
condition or any subsequent breach thereof. (i) The provisions of this Agreement which
require or contemplate performance after the expiration or termination of this Agreement
shall be enforceable notwithstanding said expiration or termination. (j) Licensee may not assign or otherwise transfer
by operation of law or otherwise this Agreement or any rights or obligations herein except
in the case of a merger or the sale of all or substantially all of Licensee's assets to
another entity. (k) This Agreement shall be
binding upon and shall inure to the benefit of the parties, their successors and permitted
assigns. (l) Neither party shall be in
default or be liable for any delay, failure in performance (excepting the obligation to
pay) or interruption of service resulting directly or indirectly from any cause beyond its
reasonable control. (m) The relationship
between InterAxiom and Licensee is that of independent contractors and neither Licensee
nor its agents shall have any authority to bind InterAxiom in any way. (n) If any dispute arises under this Agreement,
the prevailing party shall be reimbursed by the other party for any and all legal fees and
costs associated therewith. (o) If any InterAxiom professional services are being
provided, then such professional services are provided pursuant to the terms of a separate
Professional Services Agreement between InterAxiom and Licensee. The parties acknowledge that such services are
acquired independently of the Product licensed hereunder, and that provision of such
services is not essential to the functionality of such Product. (p) The headings to the sections of this Agreement
are used for convenience only and shall have no substantive meaning.
10.
LICENSEE OUTSIDE
THE U.S. If Licensee is located outside the
U.S., then Licensee is responsible for complying with any local laws in its jurisdiction
which might impact its right to import, export or use the Product, and Licensee represents
that it has complied with any regulations or registration procedures required by
applicable law to make this license enforceable.
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