Laserfiche WebLink
(b) U.S. Government Rights. To the extent applicable, Interview Now provides the Interview Now <br />Services, including related software and technology, for ultimate federal government end use solely <br />in accordance with the following: Government technical data and software rights related to the <br />Services include only those rights customarily provided to the public as defined in this Agreement. <br />This customary commercial license is provided in accordance with FAR 12.211 (Technical Data) and <br />FAR 12.212 (Software) and, for Department of Defense transactions, DFAR 252.227-7015 <br />(Technical Data — Commercial Items) and DFAR 227.7202-3 (Rights in Commercial Computer <br />Software or Computer Software Documentation). If a government agency has a need for rights not <br />conveyed under these terms, it must negotiate with Interview Now to determine if there are <br />acceptable terms for transferring such rights, and a mutually acceptable written addendum <br />specifically conveying such rights must be included in any applicable contract or agreement. <br />(c) Export Regulations. Licensee agrees to comply with all applicable export and re-export control <br />laws and regulations, including the Export Administration Regulations ("EAR") maintained by the <br />U.S. Department of Commerce, trade and economic sanctions maintained by the Treasury <br />Department's Office of Foreign Assets Control, and the International Traffic in Arms Regulations <br />("ITAR") maintained by the Department of State. Specifically, Licensee covenants that it will not — <br />directly or indirectly — sell, export, re-export, transfer, divert, or otherwise dispose of any products, <br />software, or technology (including products derived from or based on such technology) received <br />from Interview Now under the Agreement to any destination, entity, or person prohibited by the laws <br />or regulations of the United States, without obtaining prior authorization from the competent <br />government authorities as required by those laws and regulations. <br />(d) Severability. If any provision of the Agreement is held by a court of competent jurisdiction to be <br />contrary to law, the remaining provisions of the Agreement will remain In full force and effect. <br />(e) Governing Law and Jurisdiction. The Agreement is governed by and construed under the laws <br />of the State of California without reference to conflict of laws principles. All disputes arising out of or <br />related to the Agreement will be subject to the exclusive jurisdiction of the state and federal courts <br />located in San Francisco, California and the Parties agree and submit to the exclusive jurisdiction <br />and venue of these courts. <br />(f) Modification and Waiver. No waiver or modification of the Agreement will be valid unless made <br />In writing and signed by both parties. The waiver of a breach of any term hereof will in no way be <br />construed as a waiver of any other term or breach hereof. <br />(g) Entire Agreement. This Agreement constitutes the sole and entire understanding of the Parties <br />and supersedes any previous or contemporaneous communications, whether oral or written; and <br />may be amended only by writing and signed by both Parties. Unless explicitly provided for, Licensee <br />agrees that its obligations under the Agreement are not contingent on the delivery of any future <br />functionality or features, or dependent on any oral or written comments made by Interview Now <br />regarding future functionality or features. <br />