Nokia IP40 User Manual page 187

8.3 You understand and acknowledge that upon entry of the Product into the United States it
becomes subject to regulation by agencies of the U.S. government, including the U.S.
Department of Commerce, which prohibit export or diversion of certain products and technology
to certain countries. Any and all of Your obligations with respect to the Product shall be subject
in all respects to such United States laws and regulations as shall from time to time govern the
license and delivery of technology and products abroad by persons subject to the jurisdiction of
the United States, including the Export Administration Act of 1979, as amended, any successor
legislation, and the Export Administration Regulations ("EAR") issued by the Department of
Commerce, International Trade Administration,and Bureau of Export Administration. You
warrant that You will comply in all respects with the export and reexport restrictions applicable
to the Product and will otherwise comply with the EAR or other United States laws and
regulations in effect from time to time.
8.4 You warrant and agree that You are not: (i) located in, under the control of, or a national or
resident of Cuba, Iraq, Libya, North Korea, Iran, Syria, Sudan or Yugoslavia, or (ii) on the U.S
Treasury Department list of Specially Designated Nationals or the U.S. Commerce Department's
Table of Deny Orders.
9. GENERAL:
9.1 Miscellaneous. You may not assign your rights or obligations under this Agreement without
the prior written consent of SofaWare. If any provision of this Agreement is held to be invalid or
unenforceable by a court of competent jurisdiction, that provision of the Agreement will be
enforced to the maximum extent permissible so as to effect the intent of the Agreement, and the
remainder of the provisions of this Agreement shall remain in full force and effect. The laws of
the State of Israel shall govern all issues arising under or relating to this Agreement, without
giving effect to the conflict of laws principles thereof. All disputes arising under or relating to
this Agreement shall be resolved exclusively in the appropriate Israeli court sitting in Tel Aviv,
Israel. This Agreement will not be governed by the United Nations Convention on Contracts for
the International Sales of Goods, the application of which is expressly excluded. This
Agreement sets forth the entire understanding and agreement between You and SofaWare and
may be amended only in writing signed by both parties.
9.2 Third Party Software. Certain Third Parties Software may be provided with the Product for
use in connection with the Product subject to the licenses of their respective proprietors. The
Third Parties Software may be used only in connection with the Products. The provisions of this
Agreement shall apply to all Third Party Software Providers and to Third Party Software as if
they were the Product and SofaWare, respectively.
9.3 Government Restricted Rights. This provision applies to Product acquired directly or
indirectly by or on behalf of any Government. The Product is a commercial product, licensed on
the open market at market prices, and was developed entirely at private expense and without the
use of any U.S. Government funds. Any use modification, reproduction, release, performance,
display, or disclosure of the Product by any Government shall be governed solely by the terms of
this Agreement and shall be prohibited except to the extent expressly permitted by the terms of
this Agreement, and no license to the Product is granted to any government requiring different
terms.
9.4 Questions? Should You have any questions concerning this Agreement contact the
manufacturer at SofaWare Technologies Ltd., 3 Hilazon St., Ramat-Gan, Israel 52522.
Nokia IP40 User Guide 187