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License Agreement xi
OR PROPERTY DAMAGE ARISING OUT OF OR IN CONNECTION WITH THIS
LICENSE OR THE USE, PERFORMANCE OR NON-PERFORMANCE OF THE
SOFTWARE, WHETHER IN ACTION, IN CONTRACT, OR TORT INCLUDING
NEGLIGENCE, EVEN IF ADIC KNEW, SHOULD HAVE KNOWN OR HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ADIC's LIABILITY FOR
DAMAGES HEREUNDER WILL IN NO EVENT EXCEED THE AMOUNT OF FEES
PAID BY LICENSEE UNDER THIS LICENSE.
General
a. 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 with this is null and
void.
b. Modification. This License or any Exhibit hereto can only be modified by a written
agreement executed by Licensee and ADIC.
c. Governing Law. The laws of the state of Washington will govern this license. All
litigation between the parties, including all applications for injunctive relief, must be
conducted before a court of competent jurisdiction within King County, Washington,
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.
d. Enforcement Costs. The party prevailing in any litigation or legal proceeding,
including arbitration, arising out of any dispute under this Agreement will be entitled
to recover reasonable attorneys’ fees and costs from the other party.
e. 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 (1) year after
the cause of action has accrued, except that an action for nonpayment may be brought
within four (4) years after the last payment date.