User Guide

Installing VolServ
License Agreement xiii
General
No Assignment
This License is not assignable. None of the Software or Documentation may
be sublicensed, assigned or transferred to any other party without ADIC’s
prior written consent. Any effort contradictory of this is null and void.
Modification
This License or any Exhibit thereto can only be modified by a written
agreement executed by Licensee and ADIC.
Governing Law
THIS LICENSE WILL BE GOVERNED BY THE LAWS OF THE STATE
OF COLORADO. All litigation between the parties, including all
applications for injunctive relief, shall be conducted before a court of
competent jurisdiction within Arapahoe County, Colorado, USA and both
parties consent to personal jurisdiction of such court. If any of the provisions
of this License are held to be invalid under any applicable statute or law, they
are, to that extent, deemed omitted.
Disputes
The parties agree to submit all disputes between them arising out of or
related to this License or the breach, alleged breach or interpretation thereof
to binding arbitration. Within 30 days after either party has notified the other
in writing that it is submitting a dispute to arbitration, one arbitrator shall be
chosen under the rules of the American Arbitration Association (“AAA”)
pertaining to commercial disputes. The ensuing arbitration shall be held in
Arapahoe County, Colorado. The arbitration award shall be by a written
decision and shall be final and binding. The decision of the arbitrators may
be entered in and enforced by any court of competent jurisdiction.
Enforcement Costs
The party prevailing in any litigation or legal proceeding, including
arbitration, arising out of any dispute under this Agreement shall be entitled
to recover reasonable attorneys’ fees and costs from the other party.
Limitations on
Actions
Any action, regardless of form, arising out of the transactions under this
License, may not be brought by either party more than one year after the
cause of action has accrued, except that an action for nonpayment may be
brought within four years after the last payment date.