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3-6 Lucent Technologies Inc.
USS-720
Software Use Agreement February 1999
USS-720 Driver Software (Object Code) License Agreement (continued)
4.09 Applicable Law
The construction and performance of this agreement shall be governed by the laws of the State of New York,
U.S.A., excluding choice of law rules.
4.10 Disputes
If a dispute arises out of or relates to this Agreement, or its breach, the parties agree to submit the dispute to a sole
mediator selected by the parties or, at any time at the option of a party, to mediation by the American Arbitration
Association (“AAA”). If not thus resolved it shall be referred to a sole arbitrator selected by the parties within thirty
(30) days of the mediation or, in the absence of such selection, to AAA binding arbitration which shall be governed
by the United States Arbitration Act and judgment on the award may be entered in any court having jurisdiction.
The mediation or arbitration shall be held in New York City. The arbitrator may not limit, expand or otherwise modify
the terms of the Agreement. The arbitrator shall not have authority to award punitive, exemplary or other damages
in excess of compensatory damages and each party irrevocably waives any claim thereto. Each party shall bear its
own expenses and those of the mediator and arbitrator shall be borne equally. The parties, their representatives,
other participants and the mediator and arbitrator shall hold the existence, content and result of mediation and arbi-
tration in confidence.
IN WITNESS WHEREOF, each of the parties has caused this agreement to be executed in duplicate originals by its
duly authorized representatives on the respective dates entered below.
LUCENT TECHNOLOGIES INC.
By {Marketing person's name}
Title {Marketing person's title}
Date
Signed:___________________________________
{company name}
By
Title
Date
Signed:___________________________________