WESM zl Management and Configuration Guide WT.01.28 and greater

B-58
License Statements
8.5 Choice of Law and Forum. This Agreement shall be governed by and
construed under the laws of the State of California, without giving
effect to such state's conflict of laws principles. The parties hereby
submit to the personal jurisdiction of, and agree that any legal
proceeding with respect to or arising under this Agreement shall be
brought in, the United States District Court for the Northern District of
California or the state courts of the State of California for the County
of San Francisco.
8.6 U.S. Government Licenses. The Software and Documentation are
considered a
"commercial item" as that term is defined at 48 C.F.R 2.101, or
"commercial computer software" and "commercial computer software
documentation" as such terms are used in 48 C.F.R 12.212 of the Federal
Acquisition Regulations and its successors, and 48 C.F.R. 227.7202 of the
DoD FAR Supplement and its successors.
8.7 Severability. If any provision of this Agreement is held to be
unenforceable under applicable law, then such provision shall be
excluded from this Agreement and the balance of this Agreement shall be
interpreted as if such provision were so excluded and shall be
enforceable in accordance with its terms. The court in its discretion
may substitute for the excluded provision an enforceable provision which
in economic substance reasonably approximates the excluded provision.
8.8 Compliance With Law. Licensee shall comply with all applicable
laws and regulations (including privacy laws and regulations) having
application to or governing its use and/or operation of the Software and
agrees to indemnify and hold InMon harmless from and against any claims,
damages, losses or obligations suffered or incurred by InMon arising from
its failure to so comply.
8.9 Entire Agreement; Amendment. This Agreement constitutes the
final, complete and entire agreement between the parties with respect to
the subject matter hereof, and supersedes any previous proposals,
negotiations, agreements, or arrangements, whether verbal or written,
made between the parties with respect to such subject matter. This
Agreement shall control over any additional or conflicting terms in any
of Licensee's purchase orders or other business forms. This Agreement
may only be amended or modified by mutual agreement of authorized
representatives of the parties in writing.