Nikon MOTORMESH 4300 - Manual (Page 69)

MOTOMESH DUO 2.0 4300 Users Guide
July 2007
6-11
Right to Audit. Motorola shall have the right to audit annually, upon reasonable advance notice and
during normal business hours, your records and accounts to determine compliance with the terms of
this Agreement.
Export Controls. You specifically acknowledge that the software may be subject to United States
and other country export control laws. You shall comply strictly with all requirements of all applicable
export control laws and regulations with respect to all such software and materials.
US Government Users. If you are a US Government user, then the Software is provided with
"RESTRICTED RIGHTS" as set forth in subparagraphs (c)(1) and (2) of the Commercial Computer
Software-Restricted Rights clause at FAR 52 227-19 or subparagraph (c)(1)(ii) of the Rights in
Technical Data and Computer Software clause at DFARS 252.227-7013, as applicable.
Disputes . You and Motorola hereby agree that any dispute, controversy or claim, except for any
dispute, controversy or claim involving intellectual property, prior to initiation of any formal legal
process, will be submitted for non-binding mediation, prior to initiation of any formal legal process.
Cost of mediation will be shared equally. Nothing in this Section will prevent either party from
resorting to judicial proceedings, if (i) good faith efforts to resolve the dispute under these procedures
have been unsuccessful, (ii) the dispute, claim or controversy involves intellectual property, or (iii)
interim relief from a court is necessary to prevent serious and irreparable injury to that party or to
others.
General. Illinois law governs this license. The terms of this license are supplemental to any written
agreement executed by both parties regarding this subject and the Software Motorola is to license you
under it, and supersedes all previous oral or written communications between us regarding the subject
except for such executed agreement. It may not be modified or waived except in writing and signed by
an officer or other authorized representative of each party. If any provision is held invalid, all other
provisions shall remain valid, unless such invalidity would frustrate the purpose of our agreement. The
failure of either party to enforce any rights granted hereunder or to take action against the other party
in the event of any breach hereunder shall not be deemed a waiver by that party as to subsequent
enforcement of rights or subsequent action in the event of future breaches.