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modifications have been provided by Azteca Systems for avoiding infringement or use after a return is ordered by
<br /> Azteca Systems under Section 8.2.
<br /> 8.4 THE FOREGOING STATES THE ENTIRE OBLIGATION OF AZTECA SYSTEMS WITH RESPECT TO
<br /> INFRINGEMENT OR ALLEGATION OF INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF
<br /> ANY THIRD PARTY.
<br /> ARTICLE 9—GENERAL PROVISIONS
<br /> 9.1 Future Updates.New or updated Products and.subscription renewals will be licensed under the then-current
<br /> Azteca Systems license terms and conditions included with the deliverable Products.
<br /> 9.2 Export Control Regulations.Licensee expressly acknowledges and agrees that Licensee shall not export,re-
<br /> export,import,transfer,or release Products,in whole or in part,to(i)any US embargoed country;(ii)any person on
<br /> the US Treasury Department's list of Specially Designated Nationals;(iii)any person or entity on the US Commerce
<br /> Department's Denied Persons List,Entity List,or Unverified List;or(iv)any person or entity or into any country
<br /> where such export,re-export,or import violates any US,local,or other applicable import/export control laws or
<br /> regulations including,but not limited to,the terms of any irimport/export license or license exemption and any
<br /> amendments and supplemental additions to those import/export laws as they may occur from time to time.
<br /> 9.3 Taxes and Fees,Shipping Charges.License fees quoted to Licensee are exclusive of any and all taxes or fees,
<br /> including,but not limited to,sales tax,use tax,value-added tax(VAT),customs,duties,or tariffs,and shipping and
<br /> handling charges.
<br /> 9.4 No Implied Waivers.The failure of either party to enforce any provision of this License Agreement shall not be
<br /> deemed a waiver of the provisions or of the right of such party thereafter to enforce that or any other provision.
<br /> 9.5 Severability.The parties agree that if any provision of this License Agreement is held to be unenforceable for
<br /> any reason, such provision shall be reformed only to the extent necessary to make the intent of the language
<br /> enforceable.
<br /> 9.6 Successor and Assigns.Licensee shall not assign,sublicense,or transfer Licensee's rights or delegate Licensee's .
<br /> obligations under this License Agreement without Azteca Systems'prior written consent,and any-attempt to do so
<br /> without consent shall be void,This License Agreement shall be binding on the respective successors and assigns of
<br /> the parties to this License Agreement. Notwithstanding,a government contractor under contract to the government to
<br /> deliver.Products may assign this License Agreement and Products acquired for delivery to its government customer
<br /> upon written notice to Azteca Systems,provided the government customer assents to the terms of this License
<br /> Agreement.
<br /> 9.7 Survival of Terms.The provisions of Articles 2,5,6,7,8,and 9 of this License Agreement,and the provisions
<br /> of section 4.1 of Addendum 2,shall survive the expiration or termination of this License and Maintenance Agreement.
<br /> 9.8 Equitable Relief.Licensee agrees that any breach ofthis License Agreement by Licensee may cause irreparable
<br /> damage and that,in the event of such breach,in addition to any and all remedies at law,Azteca Systems shall have the
<br /> right to seek an injunction,specific performance,or other equitable relief in any court of competent jurisdiction
<br /> without the requirement of posting a bond or proving injury as a condition for relief
<br /> 9.9 US Government Licensee.The Products are commercial items,developed at private expense,provided to
<br /> Licensee under this License Agreement.If Licensee is a US government entity or US government contractor,Azteca
<br /> Systems licenses Products to Licensee in accordance with this License Agreement under FAR Subparts •
<br /> 12.211/12.212 or DFARS Subpart 227.7202.Azteca Systems Data and Online Services are licensed under the same
<br /> subpart 227.7202 policy as commercial computer software for acquisitions made under DFARS.The commercial
<br /> license rights in this License Agreement strictly govern Licensee's use,reproduction,or disclosure of Products.
<br /> Azteca Systems Software source code is unpublished,and all rights to Products are reserved by Azteca Systems and
<br /> its licensors.Licensee may transfer Software to any licensed government procuring agency facility to which
<br /> computer(s)on which Software is installed are transferred.If any court,arbitrator,or board holds that Licensee has
<br /> Standard License&Maintenance Agreement Page 7 of 14 10/16 ed.
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