User guide

KeylightThe Foundry

APPENDIX C

End User License Agreement

SECTION 16. SURVIVAL.

Sections 2, 4, 5, 6, 7, 8, 9, 10, 12, 13, 14, 15, 16, 17 and 18 shall survive any termination or expiration of this

Agreement.

SECTION 17. IMPORT/EXPORT CONTROLS.

To the extent that any Software made available hereunder is subject to restrictions upon export and/or reexport

from the United States, Licensee agrees to comply with, and not act or fail to act in any way that would violate, the

applicable international, national, state, regional and local laws and regulations, including, without limitation, the

United States Foreign Corrupt Practices Act, the Export Administration Act and the Export Administration Regula-

tions, as amended or otherwise modified from time to time, and neither The Foundry nor Licensee shall be required

under this Agreement to act or fail to act in any way which it believes in good faith will violate any such laws or reg-

ulations.

SECTION 18. MISCELLANEOUS.

This Agreement is the exclusive agreement between the parties concerning the subject matter hereof and supersedes

any and all prior oral or written agreements, negotiations, or other dealings between the parties concerning such

subject. This Agreement may be modified only by a written instrument signed by both parties. If any action is brought

by either party to this Agreement against the other party regarding the subject matter hereof, the prevailing party

shall be entitled to recover, in addition to any other relief granted, reasonable attorneys' fees and expenses of litiga-

tion. Should any term of this Agreement be declared void or unenforceable by any court of competent jurisdiction,

such declaration shall have no effect on the remaining terms of this Agreement. The failure of either party to enforce

any rights granted hereunder or to take action against the other party in the event of any breach hereunder shall not

be deemed a waiver by that party as to subsequent enforcement of rights or subsequent actions in the event of

future breaches. This Agreement shall be governed by, and construed in accordance with English Law.