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PEST_° L K _ ___._. - - - -. It's the Key" This EULA is governed by and construed in accordance with the laws of the State of Nebraska without regard to its conflicts of laws provisions. USER agrees to first negotiate and mediate disputes. If such efforts are unsuccessful within 90 days of written notice of dispute, as a last resort, USER submits to the jurisdiction of the federal and state courts of the State of Nebraska, and agrees that the exclusive venue for any and all actions related hereto shall be in such courts. 11. EXPORT CONTROL: USER shall comply fully with all relevant export laws and regulations of the United States and other applicable export and import laws to assure that neither the SOFTWARE, nor any direct product thereof, are exported, directly or indirectly, in violation of applicable laws. 12. SEVERABILITY: If any provision of this EULA shall be held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions hereof shall not in any way be affected or impaired. 13. NO WAIVER: No waiver of any breach of any provision of this EULA shall constitute a waiver of any prior, concurrent or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party. 14. TERMINATION: USER shall discontinue use and destroy, or return, to PEN -LINK all copies of the SOFTWARE and any SOFTWARE documentation upon the termination of this EULA. 15. ENTIRE AGREEMENT: This EULA sets forth the entire agreement of the parties and supersedes all prior or contemporaneous writings, negotiations, and discussions with respect to the subject matter hereof. Neither party has relied upon any prior or contemporaneous communications. 16. EXECUTION IN COUNTERPARTS: This EULA may be executed in one or more counterparts. Each counterpart will be an original, but all such counterparts will constitute a single instrument. 17, ORACLE PROVISIONS: This provision refers to Oracle America, Inc. ( "ORACLE ") A. RESTRICTIONS & LIMITATIONS Use of the embedded database and related software programs contained within the SOFTWARE (collectively referred to as "ORACLE PROGRAMS ") shall be limited to the USER as specified in this EULA. USER hereby understands that the ORACLE PROGRAMS are subject to a restricted license, and the ORACLE PROGRAMS can only be used in conjunction with the SOFTWARE and that USER is not permitted to modify the ORACLE PROGRAMS. Use of the ORACLE PROGRAMS shall be restricted to the scope of the SOFTWARE and to the internal business operations of the USER. USER may permit its agents or contractors, including, without limitation, outsourcers, to use the SOFTWARE on the USER's behalf for the USER's internal business operations, subject to the terms of this EULA. USER shall be responsible for the USER's agent's, contractor's, and /or outsourcer's use of the SOFTWARE and compliance with this EULA. PROHIBITED ACTIONS USER shall be prohibited from (a) transferring the ORACLE PROGRAMS except for temporary transfer in the event of computer malfunction, and (b) assigning, giving, or transferring the ORACLE PROGRAMS or an interest In the ORACLE 5944 VanDervoort Drive I Lincoln, NE 685161 402.421,88571 Fax 402.421.92871 penlink.com Copyright ©1997- 2016, Pen - Link, Ltd. 20B -22