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" 22. Other Provisions 22.1 Email 22.2 Notices 22.3 Trademark Use Restrictions 22.4 Earnings Call 22.; Customer Lists 22.6 Gonrning Law 22.7 Export Controls GENERAL PROVISIONS Each party authorizes the other party to communicate with it via email, recognizing the inher- ent security risks associated with cmatl transmission. Notices required or permitted by this Agreement may be given only in accordance with Section 22.2. a) An notices required by this Agreement must be in writing and delivered by (1) certified mail return receipt requested, postage prepaid, or (2) established overnight air express courier, charges prepaid, with proof of delivery. Notices are effective upon receipt. Notices may be sent to the parties' respective addresses shown in the Order Fonn or SOW. b) A copy of any notice of breach or notice of termination shall be sent to the attention of the other party's general counsel. c) By notice to the other party, either party may change its address for notice. Except as othelWise provided in this Agreement, neither party will use any trademark of the other party in advertising, press releases, or other publicity without obtaining the other party's prior approval. Unless othelWise specified in this Agreement, if the parties execute an Order Form or State- ment of Work, we may mention in our next earnings-release conference call (or equivalent, for example, a Webcast or playback of such conference call) that you were one of the companies or other entities with which we concluded a transaction in our fiscal period that is the subject of the call. We will not disclose details about the transaction without your prior approval. a) Unless otherwise specified in this Agreement, we may include your name in customer lists that we provide to prospective customers. (This subparagraph shaH not be deemed to constitute your authorization for us to include your name in our published advertisements or otherpubli- cations, even as part ofa customer list.) If this Agreement specifies that your approval is re- quired for us to include your name in such customer lists, then you will not unreasonably with. hold your approval. We will comply with your standard corporate trademark.usage guidelines if you provide them to us. b) Upon your request at any time, we will promptly provide you with representative copies of our materials that identify you as a customer (redacted if necessary to remove confidential in. formation) and will work with you either to modify or to remove your name from such materi- als to which you reasonably object. Unless otherwise specified in this Agreement, all disputes arising out of or relating to this Agreement or its interpretation, validity, or enforceability will be governed by the laws of the United States of America and of the state of Texas3'2 (exclusive of conflicts- of-law provisions). The parties exclude application of the United Nations Convention on Contracts for the Interna- tional Sale of Goods. You agree that you will not transfer the Soful,'are or Documentation, or any other software or documentation provided by BindView, except in compliance with U.S. export-control regula- tions or other applicable law. I[we so request, you will provide us with written assurances and other export-related documents as may be required to comply with the same. 32 Texas has a well-developed body of business law and a businessjriendly legal environment - as evidenced by recent far~ reaching tort reform measures enacted by the legislature and approved by the voters in a constitutional amendment. BINDVIEW CUSTOMER AGREEMENT 95-3172 PAGE 28