Page 721 - ProShow Producer Manual

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filed relating to the relationship between Customer and Photodex relating to this
Agreement, including contract claims, tort claims, breaches of duty, common law and
statutory claims.

f. Severability. If any part of this Agreement is held to be invalid or unenforceable
by a court, arbitrator or a regulatory agency, or as a result of advice of legal counsel
for Photodex, the invalidity or unenforceability will not affect or impair the validity
and enforceability of the remainder of this Agreement. Customer and Photodex
agree that the arbitrator or court making the determination will have the power to
alter or amend the provision so that it will be enforceable or, in the case where an
arbitrator or court is not involved, Customer and Photodex will, in good faith,
renegotiate valid and enforceable substitute provisions, and the provisions will
reflect as closely as possible the intent of the original provisions of this Agreement.
g. Compliance with Laws. Customer will comply with all applicable domestic and
international laws, statutes, ordinances and regulations regarding Customer's use of
the Software. In particular, Customer (i) represents that he or she is not a party
identified on any government export exclusion list, including the U.S. Denied
Persons, Entity and Specially Designated Nationals Lists, nor will Customer transfer
software, technology, and other technical data via the Software to parties identified
on such lists; (ii) agrees not to use the Software for military, nuclear, missile, chemical
or biological weaponry end uses in violation of U.S. export laws; and (iii) agrees not to
transfer, upload, or post via the Software any software, technology or other technical
data in violation of U.S. or other applicable export or import laws.

h. US Government. The Software is commercial computer software developed
solely at private expense. The rights of civilian and non-civilian agencies of the U.S.
Government to use, disclose and reproduce the Software are governed by the terms
of this Agreement. Publisher is Photodex Corporation, 4030 W. Braker Ln. Bldg 2,
Suite 100, Austin, Texas 78759, USA.

i. Language. If Customer is located outside the United States, then the following
provision applies: Les parties aux présentes confirment leur intention que cette
convention ainsi que tous les documents afférents soient redigés dans la langue
anglaise. (Translation: "The parties confirm that this Agreement and all related
documentation is and will be in the English language.")