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the nature of the damages sought, shall be brought in a court of law, of local jurisdiction. Either <br />party may pursue in a court of law all legal remedies available, including, but not limited to the <br />equitable remedies of specific performance and injunctive relief, and the provisional remedies of <br />attachment or replevin. Each right or remedy permitted by law_shall be cumulative of every other <br />fight and remedy now or hereafter existing in law, in equity, by statute, by this Agreement or <br />otherwise. <br />17. USE OF NAME. <br />Licensee agrees to permit Licensor to list Licensee's name as a user of the Software in <br />published lists advertised from time to time, provided Licensor does not thereby imply Licensee's <br />endorsement of the Software. <br />18. AUTHORITY TO CONTRACT. <br />By executing this Agreement, each party represents that it has read and understands each <br />teen and condition hereof, and agrees to the same. If signed on the behalf of a business <br />organization, the signatory party represents that he /she has authority to enter into this Agreement <br />on behalf of the party. <br />19. ASSIGNMENT. <br />This Agreement shall be binding upon the parties and their respective successors and <br />assigns. Licensee shall have no right to assign or delegate this Agreement or any rights or <br />obligations hereunder, whether by operation of law or otherwise, except upon Licensor's prior <br />written permission. <br />20. LAW GOVERNING AGREEMENT. <br />This Agreement and the rights and obligations of the parties under it shall be governed by <br />and construed in accordance with the laws of the State of California. Venue for all suits and <br />arbitration proceedings shall be in the County of Orange, California. <br />21. NOTICES. <br />All notices required or allowed under this Agreement shall be in writing and shall be <br />delivered in person or mailed to each respective party at the addresses in the first paragraph of this <br />Agreement, the effective date of such notice to be when received, if personally delivered, or three <br />business days after mailing. Either party may change the address to which notice is to be given by <br />giving written notice of change of address. <br />22. ENTIRETY OF AGREEMENT; MODIFICATION; WAIVER SEVERABILITY. <br />This Agreement constitutes the entire Agreement between the parties and maybe modified <br />only by a written instrument executed by duly authorized representatives of both parties. Neither <br />party shall be bound by any oral agreement or representation. No waiver of any provision of this <br />Agreement or any rights or obligations of either party shall be effective, except pursuant to a written <br />instrument signed by the party or parties waiving compliance. If any term or condition of this <br />Agreement, or application thereof to any person or circumstances, is held invalid, such invalidity <br />shall not affect other terms, conditions, or applications of this Agreement which can be given eflect <br />7 of 20 <br />