SENA Serial_IPTM Redirector 4.3 - Manual (Page 83)

WILL TACTICAL BE LIABLE FOR ANY DAMAGES WHATSOEVER IN EXCESS OF THE AMOUNT PAID TO
TACTICAL FOR THE SOFTWARE PRODUCT THAT IS THE SUBJECT MATTER OF THE CLAIM OR THAT IS
DIRECTLY RELATED TO THE CAUSE OF ACTION.
11. TERM AND TERMINATION
(a) This Agreement shall become effective upon installation of the Software Product and shall terminate
automatically and immediately upon breach of this Agreement by Licensee, if any. Licensee may terminate this
Agreement for convenience by removal of the Software Product from all Licensee’s systems upon fifteen (15)
days prior written notice to Tactical.
(b) Licensee agrees that, in the event of any termination of the license of the Software Product (including
termination resulting from the termination of this Agreement), Licensee shall, within fifteen (15) days following
such termination, purge all copies of the Software Product and the Documentation from all computers and
storage media on which Licensee has maintained them, destroy all copies of the Software Product and the
Documentation, and promptly certify in writing to Tactical that the same have been purged and destroyed.
(c) Termination of this Agreement shall not relieve either party of any payment or other obligation under this
Agreement which was to have been performed by such party prior to the termination. All provisions of this
Agreement which by their nature are intended to survive the termination of this Agreement (including the
provisions of Sections 2, 5, 8(c), 9, 10, 11(b), this 11(c), 12, 13, and 14) shall survive such termination.
12. DISPUTE RESOLUTION
(a) If any dispute arises between Tactical and Licensee pertaining to this Agreement which Tactical and
Licensee are unable to resolve amicably, such dispute shall be submitted to arbitration before a single arbitrator
selected in accordance with the then-prevailing Rules of Commercial Arbitration of the American Arbitration
Association. The arbitration proceeding shall take place in Manchester, New Hampshire or such other location as
Tactical and Licensee may mutually agree.
(b) The arbitrator shall not contravene or vary in any respect any of the terms or provisions of this
Agreement. The award of the arbitrators shall be final and binding upon Tactical and Licensee, and judgment
upon any award rendered therein may be entered and enforced in any court of competent jurisdiction, including
the New Hampshire Superior Court.
(c) Neither this arbitration provision nor a pending arbitration shall prevent either party from obtaining
injunctive relief for any matter at any time.
13. EXPORT
Licensee acknowledges and accepts responsibility for complying with all import and export statutes,
regulations, treaties and other laws, both foreign and domestic, (collectively, the “Export Laws”) and agrees to not
use or otherwise export or re-export, directly or indirectly, the Software Product except in accordance with the
Export Laws. In particular, but without limitation, the Software Product may not be exported or re-exported,
directly or indirectly,
(a) into (or to a national or resident of) any U.S. embargoed country, as such list may be revised from time to
time (including without limitation Afghanistan, Cuba, Iran, Iraq, Libya, North Korea, Sudan or Syria), or
(b) to anyone on the U.S. Treasury Department list of Specially Designated Nationals or the U.S. Bureau of
Industry and Security Denied Persons List or the U.S. Bureau of Industry and Security Unverified List, or