Follett VERSION 6.00 - Manual (Page 6)

6 04/04
13. Arbitration. You agree to submit any dispute, controversy, or claim you may have
arising out of or relating to this Agreement solely to binding arbitration to be
conducted pursuant to the Commercial Rules of the American Arbitration then in
effect.
14. Right to Audit Compliance. Follett will have the right to conduct or direct an
independent accounting firm to conduct, during normal business hours and no more
than twice during any calendar year, an audit of your relevant records to verify your
compliance with the terms of this Agreement. This provision does not limit Follett's
right to monitor its server logs for accesses made by you, or using any access code
issued to you, to any online features, or to investigate any conduct Follett believes
either may be a breach of the licensing terms or otherwise threatening to the integrity
of its products or services.
15. Entire Agreement. This Agreement constitutes the entire agreement of the parties
with respect to the use of the Product. The failure by Follett to enforce any of its
rights hereunder will not constitute a waiver of such rights. If any portion of this
Agreement is found by a court of competent jurisdiction to be invalid, the other
provisions will remain in full force and effect.
16. Intellectual Property. Follett Software Company is the owner or licensee of copyright,
trademark, and other intellectual property and proprietary rights in the Product. All
trademarks appearing in the Product are the property of Follett or their respective
third party owners. Follett disclaims any affiliation or endorsement of such third
parties' goods or services, and does not intend to imply any such endorsement or
affiliation by using such marks. Likewise, such use is not meant to imply any third
party's endorsement of Follett's goods or services. Please be aware and inform your
patrons that copyright, trademark, and other intellectual property rights may protect
content on third party Web sites and databases accessed through the Product.
Nothing in this Agreement affects such rights or implies that you, your patrons, or
Follett has any rights in this content. Use of third party content may be governed by
a separate agreement with the third party owner and you agree not to use the content
in any way that violates this Agreement or the intellectual property rights of the third
party owner. You also agree to take reasonable measures to make your patrons aware
of all provisions in this section.
17. Exporting Products. This Agreement will not be governed by the United Nations
Convention on Contracts for the International Sale of Goods, the application of which
is expressly excluded. You agree not to ship, transfer, or export the Product or any
data obtained from the Product into any country or use the Product or data obtained
from the Product in any manner prohibited by the United States Export
Administration Act or any other export laws or regulations.
U.S. GOVERNMENT RESTRICTIONS
1. If the Product is acquired by or on behalf of a unit or agency of the United States
Government, this provision applies. The Product: (a) was developed at private
expense, and no part of it was developed with government funds; (b) contains trade
secret information of Follett Software Company for all purposes of the Freedom of
Information Act; (c) is commercial computer software" subject to limited utilization
as provided in the contract between Follett Software Company and the governmental
entity; and (d) in all respects contains proprietary data belonging solely to Follett
Software Company.
2. For units of the Department of Defense (DOD), this Product is sold only with
Restricted Rights" as that term is defined in the DOD Supplement to the Federal
Acquisition Regulations (DFARS") 52.227-7013(c) (1) (ii) and use, duplication, or