DISTINCT(R) CORPORATION LICENSE AGREEMENT for DISTINCT RPC/XDR for Java Client Run Time
BEFORE YOU INSTALL OR ACCESS OR OTHERWISE USE ANY OF THE SOFTWARE CONTAINED IN THIS PACKAGE OR CLICK ON THE "YES" BUTTON AT THE END OF THIS DOCUMENT, CAREFULLY READ THE TERMS AND CONDITIONS OF THIS DOCUMENT. BY INSTALLING OR OTHERWISE USING OR ACCESSING ANY OF THE SOFTWARE CONTAINED IN THIS PACKAGE OR BY CLICKING ON THE "YES" BUTTON, YOU ARE AGREEING TO AND CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THE APPLICABLE LICENSE AGREEMENT AS PROVIDED. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF SUCH AGREEMENT, CLICK THE "NO" BUTTON AND THE SOFTWARE WILL NOT BE INSTALLED.
STANDARD END USER LICENSE AGREEMENT
THIS AGREEMENT
APPLIES ONLY TO THE STANDARD VERSION OF THE SOFTWARE. IN THE EVENT THAT YOU HAVE OBTAINED A TRIAL
PERIOD VERSION OF THE SOFTWARE, THEN THE TRIAL PERIOD END USER LICENSE
AGREEMENT APPENDED HERETO SHALL BE APPLICABLE UNTIL YOU HAVE LICENSED THE
STANDARD VERSION OF THE SOFTWARE FROM DISTINCT.
ENGLISH LANGUAGE. THE PARTIES HERETO CONFIRM THAT IT IS THEIR WISH THAT THIS AGREEMENT BE AND SHALL BE IN THE ENGLISH LANGUAGE ONLY, WHICH LANGUAGE SHALL BE CONTROLLING IN ALL RESPECTS. ALL COMMUNICATIONS AND NOTICES TO BE MADE OR GIVEN SHALL BE IN THE ENGLISH LANGUAGE.
LES
PARTIES AUX PRÉSENTES CONFIRMENT LEUR VOLONTÉ QUE CETTE
CONVENTION DE MÊME QUE TOUS LES DOCUMENTS, Y COMPRIS TOUT AVIS QUI S'Y
RATTACHE, SOIENT RÉDIGÉS EN LANGUE ANGLAISE.
GRANT. Subject to the provisions contained herein and full payment of all applicable license fees, Distinct Corporation ("Distinct") hereby grants to the end user ("you") a personal, nonexclusive and nontransferable license to use, for its intended use only, the accompanying proprietary computer software product ("Software") and any documentation provided for the Software ("Documentation"), for the term and in the number of copies licensed. The Distinct ONC RPC/XDR for Java client run time license allows you to install the client only run time on a single desktop or laptop computer to be used within an application that is accessed by a single person.
COPYRIGHTS. SUCH SOFTWARE AND DOCUMENTATION ARE THE COPYRIGHTED WORKS OF DISTINCT AND/OR ITS SUPPLIERS AND ARE PROTECTED BY THE COPYRIGHT LAWS OF THE UNITED STATES AND INTERNATIONAL TREATY PROVISIONS. THE SOFTWARE AND DOCUMENTATION ONLY ARE BEING LICENSED AND NOT SOLD.
SOFTWARE FORMAT; UPDATES; SUPPORT.
(1) Distinct shall furnish the Software to you electronically or on media in machine-readable object code format only. This license does not grant you any right to the source code of the Software or other formats of the Software and Documentation, except for certain sample code being distributed hereunder by Distinct in source code format as part of the Software (“Sample Code”).
(2) This license does not grant you any right to any technical support, enhancement or update to the Software and Documentation, except for 30 (thirty) days from the date of purchase of this license, unless you have also paid the required subscription fee to Distinct, in which case you are entitled to subscription services in the form of technical support, enhancements and updates to the current version of the Software for one year from the date of purchase ("Subscription"). Technical support shall in any event be available only for the then current version. For purposes hereof any upgrade or enhancement of the Software obtained during the period of the license covered by Subscription shall be deemed part of the "Software".
(3) Any released
update or enhancement to the Software shall be used only in conjunction with
the Software as originally installed on a single computer and may not be
separated for use.
RESTRICTED USE. You may not copy or distribute the Software or the Documentation, except as follows:
(1) If you have acquired a single user license for use of the Software, you may make a single copy of the Software and the Documentation for backup or archival purposes.
(2) If you have acquired a multi user license for use of the Software, you may make the number of copies of the Software and the Documentation for internal use equal to the number of copies for which you have paid the license fee, plus a single copy of the Software and the Documentation for backup or archival purposes. In the case of a multi user license, Distinct shall have reasonable rights of audit to ensure compliance with these terms and conditions.
(3) If you are an Independent Software
Vendor (ISV) and have acquired multiple licenses for use of the Software by one
or more of your customers (end users), you may integrate the Software within
your product installation and make a number of copies of the Software and the
Documentation for use by the same end users equal to the number of copies for
which you have paid a license fee. With the exception of this paragraph (3),
which applies only to the ISV purchasing the licenses, all other terms and
conditions of this Agreement shall apply to you and your end users. In this
case Distinct shall have reasonable rights of audit to ensure compliance with
these terms and conditions.
No other copies of the Software or the Documentation shall be made by you or any other person or entity at any time.
All permitted copies of the Software or the Documentation shall be subject to this Agreement and shall contain all notices of copyright, trademark or other proprietary rights and all claims of trade secret rights as contained in the original Software or Documentation provided to you. You may not remove or obscure any said copyright or trademark or proprietary rights notices of Distinct or the text of this Agreement at any time for any purpose.
TRANSFERS PROHIBITED.
This Agreement is personal to you.
You are prohibited from selling, loaning, renting, leasing,
sublicensing, transmitting, distributing or redistributing, or otherwise
transferring or assigning any part of the Software or the Documentation to any
third party at any time whether by operation of law or otherwise and whether
with or without consideration. Without limiting the foregoing, any transmittal
or transfer of the Software or the Documentation on the Internet or by other
electronic means is prohibited. ANY
REPRODUCTION OR DISTRIBUTION OF THE SOFTWARE OR THE DOCUMENTATION NOT IN
ACCORDANCE WITH THE EXPRESS TERMS OF THIS LICENSE IS PROHIBITED BY LAW AND MAY
SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES.
ANY ACTUAL OR ATTEMPTED
TRADE SECRETS; DERIVATIVE WORKS. You acknowledge and agree that the Software in source code form remains a confidential and proprietary trade secret of Distinct and/or its suppliers and therefore you agree not to translate, reverse engineer, decipher, decompile or disassemble the Software or to permit or cause others to do so, except to the extent applicable laws specifically prohibit such restriction. You further agree not to modify or create derivative works of the Software or the Documentation, other than with respect to the Sample Code hereunder.
TITLE. All title, ownership rights, and intellectual property rights in and to the Software and Documentation shall remain the sole property of Distinct and/or its suppliers and no such rights are being transferred or conveyed hereunder.
CONTENT. Title, ownership rights, and intellectual property rights in and to the content accessed through the Software are the property of the applicable content owner and may be protected by applicable copyright or other laws. This License gives you no rights to such content.
LIMITED WARRANTY AND LIMITATION OF LIABILITY.
(1) Distinct warrants that for a period of thirty (30) days from the original date of your receipt of the Software, the Software, if operated as directed, will substantially achieve the functionality described in the Documentation. Distinct does not warrant, however, that your use of the Software will be uninterrupted or that the operation of the Software will be error-free or secure. Distinct also warrants that the media containing the Software, if provided by Distinct, will be free from defects in material and workmanship for a period of thirty (30) days from the original date of your receipt of the Software. In the event Distinct receives written notice from you of any defects within the warranty period, Distinct in its sole discretion shall: (i) replace your defective media; or (ii) advise you how to achieve substantially the same functionality with the Software as described in the Documentation through a procedure different from that set forth in the Documentation. The sole liability of Distinct for any defect or breach of warranty shall be the remedies set forth herein.
(2) THESE LIMITED WARRANTIES SHALL BE APPLICABLE ONLY TO YOU PERSONALLY AND ARE NOT APPLICABLE TO ANY THIRD PERSON AND ARE NOT TRANSFERABLE OR ASSIGNABLE TO ANY EXTENT.
(3) THE FOREGOING ARE LIMITED WARRANTIES AND ARE THE ONLY WARRANTIES MADE BY DISTINCT. DISTINCT HEREBY DISCLAIMS ALL OTHER WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF NONINFRINGEMENT OR ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE LIMITED WARRANTIES GIVE YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE OR BY JURISDICTION. APPLICABLE LAWS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. NO DISTINCT EMPLOYEE, AGENT, SUPPLIER OR RESELLER IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS WARRANTY.
(4) Notwithstanding any other provision herein, the limited warranties shall immediately terminate if any modifications are made to the Software by you at any time; if the media is subjected to accident, abuse, or improper use; if the Software is used on or in conjunction with hardware or programs other than the unmodified version of hardware and programs with which the Software was designed to be used as described in the Documentation; or if you violate any of the terms of this Agreement.
HIGH RISK ACTIVITIES. The Software is not fault-tolerant and is not designed, manufactured or intended for use or resale as on-line control equipment in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support systems, or weapons systems, in which the failure of the Software, or any software, tool, process, or service that was developed using the Software, could lead directly to death, personal injury, or severe physical or environmental damage ("High Risk Activities"). Accordingly, Distinct and its suppliers specifically disclaim any express or implied warranty of fitness for High Risk Activities and You specifically represent and warrant that the Software, or any software, tool, process, or service that was developed using the Software, will not be used for High Risk Activities.
LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, SHALL DISTINCT OR ITS SUPPLIERS OR RESELLERS OR ANY OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS THEREOF BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF THE USE OR INABILITY TO USE ANY OF THE SOFTWARE OR DOCUMENTATION (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, LOSS OF BUSINESS PROFITS, LOSS OF BUSINESS INFORMATION, LOSS OF DATA, OR OTHER PECUNIARY LOSS), EVEN IF DISTINCT SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. SUBJECT TO THE FOREGOING, IN ALL EVENTS NO LIABILITY FOR DAMAGES SHALL EXCEED THE AMOUNT OF THE LICENSE FEE PAID TO DISTINCT FOR THIS LICENSE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THESE LIMITATIONS MAY NOT APPLY TO YOU.
EXPORT CONTROLS.
You shall not download, transmit or otherwise export or reexport the Software or any underlying information or
technology except in full compliance with all
COMPLIANCE WITH LAWS You shall further comply with all laws, regulations, and governmental requirements with respect to the use of the Software that exist in any jurisdiction where you use the Software.
TERMINATION. Without prejudice to its other rights hereunder, Distinct may terminate this Agreement and the License if you violate or breach any term or condition hereof. In the event of such termination, you must immediately destroy all copies of the Software and the Documentation and cease all use thereof.
BINDING EFFECT. Subject to the prohibitions on transfer and assignment hereof, this Agreement shall inure to the benefit of and be binding upon each of the parties hereto and their respective officers, directors, employees, shareholders, owners, partners, agents, representatives, parents, subsidiaries, affiliates, heirs, devisees, successors and assigns.
OTHER SOFTWARE. This Agreement shall not be applicable to any other software separately distributed by Distinct.
XML-RPC.
If you turn your RPC server into a web service using the XML extensions
provided the supporting xmlrpc-2.0.jar, commons-codec-1.4.jar and xmlrpc-2.0-applet.jar files are
governed by the Apache license (apachelicense.html). Distinct does not supply
any additional warranties to that license.
MISCELLANEOUS. This Agreement represents the sole and exclusive agreement between the parties concerning the subject matter hereof and supersedes all prior agreements, communications, proposals and representations. This Agreement may be amended only by a writing executed by both parties. THE ACCEPTANCE OF ANY PURCHASE ORDER PLACED BY YOU IS EXPRESSLY MADE CONDITIONAL ON YOUR ASSENT TO THE TERMS SET FORTH HEREIN, AND DISTINCT AGREES TO FURNISH THE SOFTWARE AND DOCUMENTATION ONLY UPON THESE TERMS AND NOT THOSE CONTAINED IN YOUR PURCHASE ORDER. Whenever possible, each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable law. In the event that any provision of this Agreement shall be held by the final judgment of a court of competent jurisdiction to be invalid or unlawful or unenforceable, then the remaining provisions of this Agreement shall remain in full force and effect and shall be construed to give the fullest effect to the intent of the parties expressed herein. Headings shall not be considered in interpreting this Agreement. This Agreement shall be governed by the laws of the State of California without reference to principles of conflicts of law. All disputes arising under this Agreement shall be brought in the Superior Court of the State of California in Santa Clara County or the Federal Court for the Northern District of California, San Jose Branch, and such courts shall have exclusive jurisdiction over disputes under this Agreement. Licensee expressly consents to jurisdiction and venue in the state and federal courts located in the State of California, County of Santa Clara, United States of America for all purposes of this Agreement or any dispute or controversy hereunder. This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.
All rights not expressly granted herein are expressly reserved and retained by Distinct.
COPYRIGHT NOTICE: (c) 2014 Distinct Corporation and/or its suppliers. All rights reserved.
TRADEMARK NOTICE: "Distinct" and the names of Distinct products or processes and all Distinct logos are trademarks or registered trademarks or service marks or trade dress of Distinct Corporation.
DISTINCT CORPORATION
3315 Almaden Expressway
TRIAL PERIOD END USER LICENSE AGREEMENT
THIS AGREEMENT
APPLIES ONLY TO THE TRIAL PERIOD VERSION OF THE SOFTWARE. IN THE EVENT THAT YOU HAVE OBTAINED A TRIAL
PERIOD VERSION OF THE SOFTWARE, THEN THE FOLLOWING AGREEMENT SHALL BE
APPLICABLE AND THE FOREGOING LICENSE AGREEMENT SHALL NOT BE APPLICABLE UNTIL
YOU HAVE LICENSED THE STANDARD VERSION OF THE SOFTWARE FROM DISTINCT FOLLOWING
THE TRIAL PERIOD.
IN THE EVENT THAT
YOU LICENSE THE STANDARD VERSION OF THE SOFTWARE FROM DISTINCT FOLLOWING THE
TRIAL PERIOD, YOU AGREE THAT (1) YOUR FIRST USE OF THE NON-EXPIRING SERIAL
NUMBER ISSUED TO YOU BY DISTINCT SHALL CONSTITUTE YOUR AGREEMENT TO AND CONSENT
TO BE BOUND BY EACH AND ALL OF THE TERMS AND CONDITIONS OF THE FOREGOING
STANDARD END USER LICENSE AGREEMENT, AND THAT (2) THE TRIAL PERIOD END USER
LICENSE AGREEMENT THEREUPON SHALL BE SUPERSEDED AS TO ALL FUTURE USES OF THE
SOFTWARE.
ENGLISH LANGUAGE. THE PARTIES HERETO CONFIRM THAT IT IS THEIR WISH THAT THIS AGREEMENT BE AND SHALL BE IN THE ENGLISH LANGUAGE ONLY, WHICH LANGUAGE SHALL BE CONTROLLING IN ALL RESPECTS. ALL COMMUNICATIONS AND NOTICES TO BE MADE OR GIVEN SHALL BE IN THE ENGLISH LANGUAGE.
LES
PARTIES AUX PRÉSENTES CONFIRMENT LEUR VOLONTÉ QUE CETTE CONVENTION DE MÊME QUE
TOUS LES DOCUMENTS, Y COMPRIS TOUT AVIS QUI S'Y RATTACHE, SOIENT RÉDIGÉS EN
LANGUE ANGLAISE.
GRANT FOR LIMITED TRIAL PERIOD ONLY. Distinct Corporation ("Distinct") hereby grants to the end user ("you") a personal, nonexclusive and nontransferable license to use for its intended use only, the accompanying proprietary computer software product ("Software") and any documentation provided for the Software ("Documentation") for your own internal evaluation and solely for a limited trial period of thirty (30) days or less, following the date of the first installation of the Software. AT THE END OF THE TRIAL PERIOD THE SOFTWARE WILL BE DISABLED AND CANNOT BE USED FURTHER. YOU WILL THEN BE REQUIRED TO SEPARATELY LICENSE A FULLY FUNCTIONAL VERSION OF THE SOFTWARE FROM DISTINCT.
COPYRIGHTS. THE SOFTWARE AND THE DOCUMENTATION ARE THE COPYRIGHTED WORKS OF DISTINCT AND/OR ITS SUPPLIERS AND ARE PROTECTED BY THE COPYRIGHT LAWS OF THE UNITED STATES AND INTERNATIONAL TREATY PROVISIONS. THE SOFTWARE AND DOCUMENTATION ONLY ARE BEING LICENSED AND NOT SOLD.
SOFTWARE FORMAT; NO SUPPORT, NO UPDATES. Distinct shall furnish the Software to you electronically or on media in machine-readable object code form. This license does not grant you any right to any enhancement or update to the Software and Documentation or to use a fully functional version of the Software. This Agreement does not grant you any rights to technical support or maintenance with respect to the Software or Documentation.
TRANSFERS PROHIBITED.
This Agreement is personal to you.
You are prohibited from selling, loaning, renting, leasing,
sublicensing, transmitting, distributing or redistributing, or otherwise
transferring or assigning any part of the Software or the Documentation to any
third party at any time whether by operation of law or otherwise and whether
with or without consideration. Without
limiting the foregoing, any transmittal or transfer of the Software or the
Documentation on the Internet or by other electronic means is prohibited. ANY REPRODUCTION OR DISTRIBUTION OF THE
SOFTWARE OR THE DOCUMENTATION NOT IN ACCORDANCE WITH THE EXPRESS TERMS OF THIS
LICENSE IS PROHIBITED BY LAW AND MAY SUBJECT YOU TO SUBSTANTIAL CIVIL AND
CRIMINAL PENALTIES. ANY ACTUAL OR
ATTEMPTED
TRADE SECRETS; DERIVATIVE WORKS. You acknowledge and agree that the Software in source code form remains a confidential and proprietary trade secret of Distinct and/or its suppliers and therefore you agree not to translate, reverse engineer, decipher, decompile or disassemble the Software or to permit or cause others to do so, except to the extent applicable laws specifically prohibit such restriction. You further agree not to modify or create derivative works of the Software or the Documentation.
TITLE. All title, ownership rights, and intellectual property rights in and to the Software and Documentation shall remain the sole property of Distinct and/or its suppliers and no such rights are being transferred or conveyed hereunder.
CONTENT. Title, ownership rights, and intellectual property rights in and to the content accessed through the Software are the property of the applicable content owner and may be protected by applicable copyright or other laws. This License gives you no rights to such content.
NO WARRANTY; LIMITATION OF LIABILITY.
(1) NEITHER DISTINCT NOR ITS SUPPLIERS MAKE ANY
REPRESENTATION OF ANY KIND REGARDING THE USEFULNESS OR SUITABILITY OF THE
SOFTWARE OR THE
DOCUMENTATION FOR ANY PURPOSE. ALL
SOFTWARE AND DOCUMENTATION ARE PROVIDED "AS IS" AND WITHOUT
WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW,
DISTINCT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT
LIMITED TO ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE AND NONINFRINGEMENT. WITHOUT
LIMITING THE FOREGOING, DISTINCT DOES NOT WARRANT THAT THE SOFTWARE OR
DOCUMENTATION WILL BE DEFECT OR ERROR-FREE.
APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE
ABOVE EXCLUSION MAY NOT APPLY TO YOU.
(2) UNDER NO CIRCUMSTANCES SHALL DISTINCT BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES THAT RESULT FROM THE USE OR INABILITY TO USE ANY OF THE SOFTWARE OR DOCUMENTATION (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, LOSS OF BUSINESS PROFITS, LOSS OF BUSINESS INFORMATION, LOSS OF DATA, OR OTHER PECUNIARY LOSS), EVEN IF DISTINCT OR ITS REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN ANY ACTION OF CONTRACT, NEGLIGENCE OR OTHER ACTION IN TORT OR OTHERWISE. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. SUBJECT TO THE FOREGOING, IN ALL EVENTS NO LIABILITY FOR DAMAGES SHALL EXCEED THE AMOUNT OF THE LICENSE FEE PAID TO DISTINCT FOR THIS LIMITED LICENSE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THESE LIMITATIONS MAY NOT APPLY TO YOU.
EXPORT CONTROLS.
You shall not download, transmit or otherwise export or reexport the Software or any underlying information or
technology except in full compliance with all
TERMINATION. Without prejudice to its other rights hereunder, Distinct may terminate this Agreement and the License if you violate or breach any term or condition hereof. In the event of such termination or at the end of the trial period in all events, you must immediately destroy all copies of the Software and the Documentation and cease all use thereof.
BINDING EFFECT. Subject to the prohibitions on transfer and assignment hereof, this Agreement shall inure to the benefit of and be binding upon each of the parties hereto and their respective officers, directors, employees, shareholders, owners, partners, agents, representatives, parents, subsidiaries, affiliates, heirs, devisees, successors and assigns.
MISCELLANEOUS. This Agreement represents the sole and exclusive agreement between the parties concerning the subject matter hereof and supersedes all prior agreements, communications, proposals and representations. This Agreement may be amended only by a writing executed by both parties. THE ACCEPTANCE OF ANY PURCHASE ORDER PLACED BY YOU IS EXPRESSLY MADE CONDITIONAL ON YOUR ASSENT TO THE TERMS SET FORTH HEREIN, AND DISTINCT AGREES TO FURNISH THE SOFTWARE AND DOCUMENTATION ONLY UPON THESE TERMS AND NOT THOSE CONTAINED IN YOUR PURCHASE ORDER. Whenever possible, each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable law. In the event that any provision of this Agreement shall be held by the final judgment of a court of competent jurisdiction to be invalid or unlawful or unenforceable, then the remaining provisions of this Agreement shall remain in full force and effect and shall be construed to give the fullest effect to the intent of the parties expressed herein. Headings shall not be considered in interpreting this Agreement. This Agreement shall be governed by the laws of the State of California without reference to principles of conflicts of law. All disputes arising under this Agreement shall be brought in the Superior Court of the State of California in Santa Clara County or the Federal Court for the Northern District of California, San Jose Branch, and such courts shall have exclusive jurisdiction over disputes under this Agreement. Licensee expressly consents to jurisdiction and venue in the state and federal courts located in the State of California, County of Santa Clara, United States of America for all purposes of this Agreement or any dispute or controversy hereunder. This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.
All rights not expressly granted herein are expressly reserved and retained by Distinct.
COPYRIGHT NOTICE: (c) 2014 Distinct Corporation and/or its suppliers. All rights reserved.
TRADEMARK NOTICE: "Distinct" and the names of Distinct products or processes and all Distinct logos are trademarks or registered trademarks or service marks or trade dress of Distinct Corporation.
DISTINCT CORPORATION
3315 Almaden Expressway
(2/2014)