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Should you become aware of any activities by any third party contrary to these terms and
<br /> conditions, you will promptly notify Magnet Forensics and shall reasonably assist Magnet Forensics
<br /> to enforce its rights against such third party.
<br /> 11. Compliance with Laws/Export
<br /> 1-1-1-in-using-the Software,-you-will observe and comply with-all applicable laws, ordinances, codes
<br /> and regulations of governmental agencies, including federal, provincial, state, municipal and local
<br /> governing bodies, of any country having jurisdiction over the Software or any part thereof.
<br /> 11.2 You will not use, import, export, or re-export the Software except in compliance with all
<br /> applicable laws, which shall include refraining from exporting to any person or country that is on
<br /> any U.S. or Canadian export control list unless you have a valid and applicable permit to do so.
<br /> You agree to indemnify Magnet Forensics from any loss, claims, liability or damages arising out of
<br /> your failure to comply with such laws. You hereby represent that you will not use the Software in
<br /> the development, production, handling, maintenance, storage, detection, identification or
<br /> dissemination of chemical, biological or nuclear weapons or their missile delivery systems, or of
<br /> materials or equipment that could be used in such weapons or their missile delivery systems, or
<br /> resell or export to anyone or any entity involved in such activity.
<br /> 1 1.3 If the Software is being licensed by or on behalf of the U.S. Government or by a U.S.
<br /> Government prime contractor or subcontractor(at any tier), then, as a commercial item, the
<br /> Government's rights in the Software will be only as set forth (i) in this Agreement or(ii) as provided
<br /> in FAR 12.212 (Computer Software) and (for Department of Defense use or disclosure) DFAR
<br /> 227.7202-3 (Rights in Commercial Computer Software or Computer Software Documentation),
<br /> whichever set of rights provided in (i) or(ii) are the more restrictive. Contractor or Manufacturer is
<br /> Magnet Forensics Inc.
<br /> 12. Magnet Forensics Entity, Governing Law and Dispute Resolution
<br /> 12.1 "Magnet Forensics", "we", and "us" means:
<br /> a. Where your primary address is anywhere other than in the U.S., Magnet Forensics Inc., with an
<br /> office at 156 Columbia Street West, Unit#2, Waterloo, Ontario, Canada N2L 3L3.
<br /> b. Where your primary address is in the U.S. (including its territories, protectorates or overseas
<br /> regions), Magnet Forensics USA, Inc., with an office at 13800 Coppermine Road, Suite 314,
<br /> Herndon, Virginia, U.S. 20171.
<br /> 12.2 This Agreement, its subject matter, and its formation (and any non-contractual disputes or
<br /> claims) are governed by and construed under the laws of Ontario, Canada, excluding any body of
<br /> law governing conflicts of laws. You irrevocably waive any objection on the grounds of venue,
<br /> forum non-conveniens or any similar grounds and irrevocably consent to service of process by mail
<br /> or in any other manner permitted by applicable law. You also waive any right to a trial by jury with
<br /> respect to any lawsuit or judicial proceeding arising or relating to this Agreement. If the courts in
<br /> your jurisdiction will not permit you to consent to the jurisdiction and venue of Ontario, Canada,
<br /> then your local jurisdiction and venue will apply to any disputes or claims arising out of or related to
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