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資料ソフトウェアのライセンス情報other or similar right or default on any subsequent occasion. NoZDLYHU RU PRGL¿FDWLRQ RI WKLV $JUHHPHQW RU RI DQ\ SURYLVLRQ KHUHRIwill be effective unless in writing and signed by the party againstZKRP VXFK ZDLYHU RU PRGL¿FDWLRQ LV VRXJKW WR EH HQIRUFHGつづき15. GOVERNING LAW AND JURISDICTIONThe MIPS Deliverables are not intended for use in any nuclear,aviation, mass transit, medical, or other inherently dangerousapplication. MIPS EXPRESSLY DISCLAIM ANY EXPRESS ORIMPLIED WARRANTY OF FITNESS FOR SUCH USE. LICENSEEREPRESENTS AND WARRANTS THAT IT WILL NOT USE THEMIPS DELIVERABLES FOR SUCH PURPOSES.This Agreement shall be governed by the laws of the State ofCalifornia, excluding California's choice of law rules. With theexception of MIPS' rights to enforce its intellectual property rightsin the MIPS Deliverables, all disputes arising out of this Agreementshall be subject to the exclusive jurisdiction and venue of thestate and federal courts located in Santa Clara County, California,and the parties consent to the personal and exclusive jurisdictionand venue of these courts. The parties expressly disclaim theapplication of the United Nations Convention on the InternationalSale of Goods to this Agreement.12. SEVERABILITY16. ENTIRE AGREEMENT11. HAZARDOUS APPLICATIONSIn the event any provision of this Agreement (or portion thereof) isdetermined to be invalid, illegal or otherwise unenforceable, thensuch provision will, to the extent permitted, not be voided but willinstead be construed to give effect to its intent to the maximumextent permissible under applicable law and the remainder ofthis Agreement will remain in full force and effect according to itsterms. IN THE EVENT THAT ANY REMEDY HEREUNDER ISDETERMINED TO HAVE FAILED OF ITS ESSENTIAL PURPOSE,ALL LIMITATIONS OF LIABILITY AND EXCLUSIONS OFDAMAGES SHALL REMAIN IN EFFECT.13. RIGHTS IN DATA料資Licensee acknowledges that all software and software relateditems licensed by MIPS to Licensee pursuant to this Agreementare "Commercial Computer Software" or "Commercial ComputerSoftware Documentation" as defined in FAR 12.212 for civilianagencies and DFARS 227.7202 for military agencies, and thatin the event that Licensee is permitted under this Agreement toprovide such items to the U.S. government, such items shall beprovided under terms at least as restrictive as the terms of thisAgreement.14. MISCELLANEOUS(a) The MIPS Deliverables and GPL Materials may be subjectto U.S. export or import control laws and export or importregulations of other countries. Licensee agrees to complystrictly with all such laws and regulations and acknowledgesthat it has the responsibility to obtain such licenses to export,re-export, or import as may be required after delivery toLicensee. Licensee shall indemnify, defend and hold MIPSKDUPOHVV IURP DQ\ GDPDJHV IHHV FRVWV ¿QHV H[SHQVHVcharges and any actual or threatened civil and/or criminalclaims or defenses arising from any failure of Licensee and/or its customers to comply with any obligations arising underthis Section 14(a).(b) Any notice required or permitted by this Agreement mustbe in writing and must be sent by email, by facsimile, byrecognized commercial overnight courier, or mailed byUnited States registered mail, effective only upon receipt,to the legal departments of MIPS or Licensee (if Licenseehas no legal department, then to an officer of Licensee, aFRQWDFW SHUVRQ VSHFL¿HG E\ /LFHQVHH RU /LFHQVHHV SODFH RIbusiness).(c) The headings contained herein are for the convenience ofUHIHUHQFH RQO\ DQG DUH QRW LQWHQGHG WR GH¿QH OLPLW H[SDQGor describe the scope or intent of any clause or provision ofthis Agreement.(d) The parties hereto are independent contractors, and nothingherein shall be construed to create an agency, joint venture,partnership or other form of business association betweenthe parties hereto.(e) Licensee acknowledges that, in providing Licensee withthe MIPS Deliverables, MIPS has relied upon Licensee'sagreement to be bound by the terms of this Agreement.Licensee further acknowledges that it has read, understood,and agreed to be bound by the terms of this Agreement, andKHUHE\ UHDI¿UPV LWV DFFHSWDQFH RI WKRVH WHUPV122This Agreement and the GNU GPL constitute the entire agreementbetween MIPS and Licensee regarding the MIPS Deliverablesand GPL Materials provided to Licensee hereunder, and shallsupersede and control over any other prior or contemporaneousshrinkwrap and/or clickwrap agreements regarding the same. AnyDGGLWLRQV RU PRGL¿FDWLRQV PXVW EH PDGH LQ D VXEVHTXHQW ZULWWHQagreement signed by both parties.

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