WESM zl Management and Configuration Guide WT.01.28 and greater

B-57
License Statements
7. Term and Termination. The term of this Agreement will begin on the
Effective Date, which shall be deemed to be the date of delivery of the
Software and/or Documentation and/or specifications to Licensee, and
shall continue indefinitely unless and until terminated by Licensee's
giving written notice of termination to InMon, or by InMon pursuant to
InMon's termination rights as set forth in Section 2.3 above. Upon any
termination of this Agreement, Licensee shall cease exercising its
license rights under this Agreement, including the right to distribute
Products that incorporate the Software or Documentation or that
implement the Specifications. The rights and obligations contained in
Sections 1, 3, 5, 6, 7, and 8 shall survive any termination of this
Agreement.
8. General Provisions.
8.1 Assignment. This Agreement shall be binding upon and inure to the
benefit of the parties hereto and their permitted successors and
permitted assigns. InMon will have the right to assign this Agreement
without notice to Licensee. Licensee may assign or transfer(whether by
merger, operation of law or in any other manner) any of its rights or
delegate any of its obligations hereunder without the prior written
consent of InMon, provided the assignee assumes in writing all of
Licensee's obligations hereunder.
8.2 Notices. All notices permitted or required under this Agreement
shall be in writing and shall be delivered in person or mailed by first
class, registered or certified mail, postage prepaid, to the address of
the party specified in this Agreement or such other address as either
party may specify in writing. Such notice shall be deemed to have been
given upon receipt.
8.3 Non-Waiver. No term or provision hereof shall be deemed waived,
and no breach excused, unless such waiver or consent shall be in writing
and signed by the party claimed to have waived or consented. Any consent
or waiver, whether express or implied, shall not constitute a consent or
waiver of, or excuse for any separate, different or subsequent breach.
8.4 Independent Contractor. The parties' relationship shall be solely
that of
independent contractors, and nothing contained in this Agreement shall
be construed to make either party an agent, partner, representative or
principal of the other for any purpose.