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7.2 Subscriber acknowledges and agrees that the fees charged by Zonar for the Software reflect the allocation of risks provided by the foregoing limitation of liability. By using the Software, Subscriber acknowledges and represents that it has read and understands these allocations of risk limiting the liability of Zonar, and that it understands that a modification of the allocation of risks set forth in this Agreement would affect the fees charged by Zonar, and that Subscriber, in consideration of such fees, agrees to such allocation of risk. S. Termination Without Prejudice to Any Other Rights. Zonar may terminate this EULA if Licensee fails to comply with the terms and conditions of the EULA. In such event, Licensee must destroy all copies of its software product and all of its component parts. 9. Copyright and Patent. All title and copyrights in and to the Software Products including but not limited to any images, photographs, animations, video, audio, music, text, and "applets" incorporated into the software products, the accompanied printed materials and any copies of the software products are owned by Zonar, and are protected under U.S. copyright law, as well as applicable copyright treaties. Removal or obscuring of any copyright, trademark notice or restriction legend is prohibited. 10. Attorney's Fees; Governing Law and Jurisdiction. In any action to enforce this agreement, the prevailing party shall be entitled to recover, in addition to any and all other relief, his reasonable costs and expenses incurred in such enforcement action. The parties agree that the state and federal courts in Orange County, California, shall have exclusive jurisdiction with respect to any dispute arising out of this agreement. This agreement shall be construed and enforced in accordance with the laws of the State of California, without giving effect to its choice of law provision. 11. Export Licensing. Licensee shall not use or otherwise export or re-export the Software or any underlying or information or technology except in full compliance with all United States and other applicable laws and regulations. In particular, but without limiting the generality of the foregoing, none of the Software or underlying information or technology maybe downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iran, North Korea, Sudan, or Syria or any other country to which such export or re-export would be contrary to U.S. Department of Commerce Export Administration Regulations or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated nationals or the U.S. Commerce Department's Denied Agreement, Licensee agrees to the foregoing and represents and warrants that Licensee is not located in, under control o~ or a national or resident of any above-referenced country or list. 12. Government User. 12.1. U.S. GOVERNMENT RIGHTS. If End User is an agency, department, or other entity of the United States Government, or funded in whole or in part by the United States Government, then use, duplication, reproduction, release, modification, disclosure or transfer of this commercial product and accompanying documentation, is restricted in Page 3 of4