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18.8 U.S. Government Rights. Any Evidence.com Services provided to the U,S. <br />Government as "commercial items," "commercial computer software," "commercial <br />computer software documentation," and "technical data" will have the same rights and <br />restrictions generally applicable to the Evidence.com Services. If the Agency is using <br />the Evidence.com Services on behalf of the U.S. Government and these terms fail to <br />meet the U.S. Government's needs or are Inconsistent in any respect with federal law, <br />the Agency will Immediately discontinue use of the Evidence.com Services. The terms <br />"commercial item," "commercial computer software," "commercial computer software <br />documentation," and "technical data" are defined in the Federal Acquisition Regulation <br />and the Defense Federal Acquisition Regulation Supplement. <br />18.9 Import and Export Compliance. In connection with this Agreement, each Party will <br />comply with all applicable import, re- import, export, and re-export control laws and <br />regulations. <br />18.10 Assignment. Neither Party may assign or otherwise transfer this Agreement without <br />the prior written approval of the other Party. TASER may assign or otherwise transfer <br />this Agreement or any of our rights or obligations under this Agreement without <br />consent (a) for financing purposes, (b) In connection with a merger, acquisition or sale <br />of all or substantially all of our assets, (c) as part of a corporate reorganization, or (d) <br />to a subsidiary corporation, Subject to the foregoing, this Agreement will be binding <br />upon the Parties and their respective successors and assigns, <br />18.11 No Waivers. The failure by either Party to enforce any provision of this Agreement <br />will not constitute a present or future waiver of the provision nor limit the Party's right <br />to enforce the provision at a later time, <br />18.12 Severability, This Agreement is contractual and not a mere recital, If any portion of <br />this Agreement is held to be invalid or unenforceable, the remaining portions of this <br />Agreement will remain in full force and effect. <br />18.13 Governing Law, Venue. This Agreement and all questions relating to its validity, <br />interpretation, performance, and enforcement shall be governed and construed in <br />accordance with the laws of the State of California. This Agreement has been executed <br />and delivered in the State of California and the validity, interpretation, performance, <br />and enforcement of any of the clauses of this Agreement shall be determined and <br />governed by the laws of the State of California. Both parties further agree that Orange <br />County, California, shall be the venue for any action or proceeding that may be brought <br />or arise out of, in connection with or by reason of this Agreement. The United Nations <br />Convention for the International Sale of Goods does not apply to this Agreement, <br />18.14 Notices, A party may change Its address by giving notice in writing to the other party, <br />Thereafter, any communication shall be addressed and transmitted to the new <br />address. All communications and notices to be made or given pursuant to this <br />Agreement must be in the English language. If sent by mail, communication shall be <br />effective or deemed to have been given three (3) days after it has been deposited in <br />the United States mail, duly registered or certified, with postage prepaid, and <br />addressed as set forth above. Notices provided by posting on the Agency's <br />Evidence.com site will be effective upon posting and notices provided by email will be <br />effective when the email was sent. Notices provided by personal delivery will be <br />Tlde: Evidence.com Master Servlce Agreement with Exhl@Its Page 11 of 27 <br />Department: Legal <br />verslon: 11.0 <br />Release pate: 7/3112015 <br />