Unless there is a Prior Written Agreement, both parties agree that 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. If any provision of this Agreement shall be held by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement shall be construed pursuant to the laws of the State of California and the United States without regard to conflicts of laws provisions thereof and without regard to the United Nations Convention on Authority for the International Sale of Goods. The Software is only licensed to Licensee and is not sold. Licensee irrevocably submits to the jurisdiction of any state or federal court sitting in the State of California, United States of America, and consents to venue in such forum with respect to any action or proceeding that relates to this Agreement. Company may, from time to time, implement additional security measures for the Software, and Licensee shall cooperate with such measures and be responsible for installing upgrades that include such measures Further Obligations. Department of Commerce, or such other governmental entity as may have jurisdiction over such export or transmission.

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This Agreement will become effective on multilath date Licensee clicks on the “Agree” button below or otherwise uses the Software and will remain in force until terminated.

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No amendment to or modification of this Agreement will be binding unless in writing and signed by a duly authorized officer of Company. Licensee irrevocably submits to the jurisdiction of any state or federal court sitting in the State of California, United States of America, and consents to venue in such forum with respect to any action or proceeding that relates to this Agreement.

The provisions of Sections shall survive termination of this Agreement.

The structure, organization and code are valuable trade secrets of Company or its licensors. Licensee acknowledges that the Software contains valuable trade secrets of Company and other information proprietary to Company and its q,ogic.

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Company may, from time to time, implement additional security measures for the Software, and Licensee shall cooperate with such measures and be responsible for installing upgrades that include such measures Further Obligations.

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If there is a signed written agreement between Company and Licensee covering the Software that is the subject of this Agreement “Prior Written Agreement”the Prior Written Agreement shall govern the use of the Software by Licensee.

Limited Warranty and Disclaimer. Any unauthorized duplication of the Software is expressly forbidden.

Licensee shall not and shall not allow any third party to i decompile, disassemble, or otherwise reverse engineer or attempt to reconstruct or discover any source code, or underlying ideas or algorithms of the Software except to the extent expressly permitted under applicable law ; ii provide, lease, lend, use for timesharing or otherwise use or allow others to use the Software to or for the benefit of third parties; iii except as specified in the applicable user documentation, modify, incorporate into or with other hardware or software, or create a derivative work of any part of the Software; iv disseminate performance information or analysis from any source relating to the Software; v make any copies of the Software except as required to use the Software as licensed hereunder, except for one 1 copy solely for archival and back-up purposes, or vi remove any product identification, copyright notice or other proprietary legend from the Software.

Licensee may terminate this Agreement at any time, and Company may terminate this Agreement if Licensee breaches any of the terms or conditions hereunder. Licensee represents, warrants and agrees that it will not, directly or indirectly, export, re-export or transmit the Software or any part thereof to any country in which such export, re-export or transmission is restricted by any applicable U.

Licensee agrees to destroy or return to Company the original and all copies of the Software immediately upon any termination of this Agreement. Nothing in this License entitles Licensee to any upgrades or updates to, or future releases of, the Software. Notwithstanding anything to the contrary, Company and its licensors retain all title to and, except as expressly and unambiguously licensed herein, all rights and interest in i the Software, all copies and derivative works thereof by whomever producedand ii all copyright rights, patent rights, trade secret rights, moral rights and all other intellectual property and proprietary rights anywhere in the world in the Software.

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No rights or licenses in the Software are granted to Licensee other than those rights expressly granted in this Agreement.

Unless there is a Prior Written Agreement, both parties agree that 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.

Department of Commerce, or such other governmental entity as may have jurisdiction over such export or transmission. This license is only available to original end user purchasers of Company Approved Products that have been purchased through Company authorized distribution channels or approved OEM distribution channels. mltipath

The Software contains or embodies intellectual property of Company or any of its licensors. This license is not available to any end users of Company products who have purchased Company products, which have previously been used and the license is not available to any purchaser of Company application specific integrated circuits “ASICs” or any product incorporating an ASIC, unless the product incorporating the ASIC is a Company Approved Product.

This Agreement shall be construed pursuant to the laws of the State of California and the United States without regard to conflicts of laws provisions thereof and without regard to the United Nations Convention on Authority for the International Sale of Goods.

The Software is only licensed to Licensee and is not sold. Licensee may only install and use the Software in accordance with the documentation provided with the Software and with Company Approved Products.

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If any provision qloigc this Agreement shall be held by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable.

This Agreement is in the English language only, which language shall be controlling and any revision of this Agreement in any other language shall not be binding.

Mutipath Software is protected under U.