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U.S. GOVERNMENT END USERS
. The Software is a “commercial
item,” as that term is defined in 48 C.F.R. 2.101 (Oct. 1995), consisting
of “commercial computer software” and “commercial computer software
documentation,” as such terms are used in 48 C.F.R. 12.212 (Sept. 1995).
Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through
227.7202-4 (June 1995), all U.S. Government End Users acquire the
Software with only those rights set forth in this Agreement.
GENERAL.
This Agreement represents the complete and final agreement
concerning the license granted hereunder and replaces any and all prior
or contemporaneous understandings or agreements, written or oral,
regarding the subject matter. If any provision of this Agreement is held
to be unenforceable, such provision shall be reformed only to the extent
necessary to make it enforceable, and the remainder of this Agreement
shall nonetheless remain in full force and effect. This Agreement shall
be construed, governed, and enforced solely and exclusively by the laws
of the State of California, USA, excluding conflict of law provisions. The
United Nations Convention on Contracts for the International Sale of Goods
is expressly excluded from this Agreement. You hereby agree that the
courts located in the county of San Diego, the State of California, USA,
will constitute the sole and exclusive forum for the resolution of any and
all disputes arising out of or in connection with this Agreement and you
hereby irrevocably consent to the personal jurisdiction and venue of such
courts and irrevocably waive any objections thereto. You may not assign
this Agreement to any third party without first obtaining the express
written consent of Apricorn, and any assignment by you without such
consent shall be null and void. Apricorn may freely assign this Agreement
to any third party. If you have any questions concerning this Agreement,
you may contact Apricorn at:
12191 Kirkham Road Poway,
CA 92064 858.51.2000