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10. Jurisdiction and Venue. <br />Any action or proceeding arising directly or indirectly from this License Agreement shall be litigated in <br />the state or federal courts located in Denver, Colorado. Bothparties consent to the jurisdiction of <br />such courts. <br />11. Attorneys' Fees. <br />The prevailing party in any action to enforce this License Agreement shall be entitled to recover costs <br />and expenses, including attorneys' fees. <br />12. Modification and Waiver. <br />This is the entire agreement between KIOSK and the Client relating to the subject matter hereof and it <br />may be amended only by a writing executed by the Client and KIOSK. The failure of either party at any <br />time to require performance by the other party of any provision hereof shall not affect in any way the <br />right to require such performance at any time thereafter. Nor shall the waiver by either party of a <br />breach of any provision hereof be taken or held to be a waiver of any subsequent breach of the same <br />provision or any other provision. <br />13. Purchase Order Terms. <br />The terms stated in this License Agreement are the exclusive terms regarding the Client's rights and <br />obligations with respect to the services provided hereunder and the license to the Licensed Software. <br />Any terms or conditions stated in any purchase order, acknowledgment or invoice shall be of no force <br />and effect, and no course of dealing, usage of trade, or course of performance shall be relevant to <br />explain or modify any term expressed in the License Agreement. The issuance of a purchase order and/ <br />or payment of the license fee invoice by the Client shall constitute full and unconditional acceptance <br />and acknowledgement of this License Agreement and its terms by the Client. <br />14. Language. <br />The official version of this License Agreement is in the English language and this License Agreement will <br />be construed in accordance with this version. Translations of this License Agreement into any other <br />language are for the purpose of accommodation only and shall be of no legal effect. <br />Signed for and on behalf of <br />the below named authorized <br />Representative thereof. <br />Signed: {To be signed to engage KIOSK} <br />By: <br />Company: Kiosk Information Systems <br />Title: <br />Signed for and on behalf of <br />the below named authorized <br />Representative thereof. <br />Signed: (To be signed to engage KIOSK) <br />By: <br />Company: <br />Title: <br />Date: Date: <br />25B-18 <br />