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16. NOTICE. Any notice or other communication required or permitted to be given hereunder or for the <br />purposes hereof to any party shall be in writing and shall be sufficiently given if delivered personally <br />to such party, or if sent by prepaid registered mail or if transmitted by facsimile transmissions to such <br />Parties as detailed in the attached Quotation or at such other address or facsimile number as the Party <br />to whom such notice is to be given shall have last notified (in the manner provided herein) the Party <br />giving such notice. Any notice delivered to the Party to whom it is addressed as provided herein shall <br />be deemed to have been given and received on the day it is delivered at such address, provided that <br />if such day is not a Business Day, then the notice shall be deemed to have been given and received on <br />the Business Day next following such day. Any notice mailed to a Party shall be deemed to have been <br />given and received on the fifth Business Day next following the date of its mailing provided that no <br />postal strike is then in effect or comes into effect within four (4) Business Days after such mailing. Any <br />notice transmitted by facsimile shall be deemed given and received on the day of its transmission if <br />such day is a Business Day and if not, then on the next day that is a Business Day. <br />17. FORCE MAJEURE. Except as expressly provided otherwise in this agreement, dates and times by which <br />any Party is required to render performance under this agreement or any schedule hereto shall be <br />postponed automatically to the extent and for the period that such Party is prevented from meeting <br />them by reason of any cause beyond its reasonable control (other than lack of funds), provided that <br />the Party prevented from rendering performance notifies the other Party immediately and in detail <br />of the commencement and nature of such cause and the probable consequences thereof, and <br />provided further that such Party uses its reasonable efforts to render performance in a timely manner <br />utilizing to such end all resources reasonably required in the circumstances, including obtaining <br />supplies or services from other sources if same are reasonably available. <br />18. MEDIA RELEASES. Neither party shall use the name, trademark or logo of the other party without the <br />prior written consent of the other party. Notwithstanding the foregoing, Questica may use the <br />Licensee's name and identify the Licensee as a Questica client in advertising, marketing materials, <br />press releases and similar materials. <br />19. USE OF SUBCONTRACTORS. Questica warrants that all persons assigned by it to the performance of <br />this Agreement shall be employees or authorized subcontractors of Questica and shall be fully <br />qualified to work under this Agreement. Questica shall ensure that an adequate number of <br />appropriately qualified personnel are employed and available to satisfy its obligations as outlined in <br />this Agreement. <br />20. EXPORT CONTROL. The Software is intended for distribution only in the United States and Canada. <br />Licensee agrees that it will not directly or indirectly, export or re-export the Software (or portions <br />thereof) to any country, person, entity or end user subject to U.S. or Canadian export restrictions. <br />21. GOVERNING LAW AND JURISDICTION. This Agreement shall be governed by the laws of the State of <br />Delaware and the federal laws of the United States of America without regard to the conflict of law <br />provisions thereof. The United Nations Convention on Contracts for the International Sale of Goods <br />will not apply to this Agreement. Subject to Section 5 above, the parties attorn to the exclusive <br />jurisdiction of the courts of Delaware in respect this Agreement. <br />6 1 P a g e <br />