Specifications

199

Enforcement of Terms and Conditions

These Terms and Conditions for use of this document and the associated Epiphan Product are governed and

interpreted pursuant to the laws of the province of Ontario, Canada, notwithstanding any principles of

conflicts of law.

All disputes arising out of or relating to these Terms and Conditions shall be finally resolved by arbitration

conducted in the English language in Ottawa, Ontario, Canada under the commercial arbitration rules of the

Canada. The parties shall appoint as sole arbitrator a retired judge who presided in the province of Ontario.

The parties shall bear equally the cost of the arbitration (except that the prevailing party shall be entitled to an

award of reasonable attorneys' fees incurred in connection with the arbitration in such an amount as may be

determined by the arbitrator). All decisions of the arbitrator shall be final and binding on both parties and

enforceable in any court of competent jurisdiction. Notwithstanding this, application may be made to any court

for a judicial acceptance of the award or order of enforcement. Notwithstanding the foregoing, Epiphan shall

be entitled to seek injunctive relief, security, or other equitable remedies from any court of competent

jurisdiction.

If any part of these terms is unlawful, void, or unenforceable, that part will be deemed severable and will not

affect the validity and enforceability of the remaining provisions. Epiphan may, at its sole discretion and without

notice, revise these terms at any time by updating this posting.