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It is an express term of this Agreement that the End User will not acquire title or ownership to the Licensed Products and only has a limited use sub-license and End User will not acquire title or ownership to the ITE Products and only has a limited use license. Without limiting the generality of the foregoing, the End User acknowledges that the Licensed Products and the ITE Products contain trade secrets and agrees that the End User will not do or permit to be done any of the following in relation to the whole or any part of the Licensed Products ot ITE Products:.

Notwithstanding the generality of this Agreement, the End User will not, and will not permit others to, transmit, convey, license, sublicense, distribute, sell, resell, transfer or otherwise dispose of the Licensed Products or the ITE Products to any other persons or organizations.

In addition, if the Software is identified as an export controlled item under the Export Laws, the End User represents and warrants that it is not a citizen of, or located within, an embargoed or otherwise restricted nation and that the End User is not otherwise prohibited under the Export Laws from receiving the Software. All rights to use the Software or the ITE Products are granted on the condition that such rights are forfeited if You fail to comply with the terms of this Agreement.

The provisions of this Article 2. Without limiting the generality of this Article 2. Without limiting the generality of the foregoing, the End User will:.

Unless ITE has explicitly agreed and determined otherwise in writing, a license or sub-license is required and must be paid by End User for each Intended User. If You are uncertain about the applicable scope of the license, the number of permitted Intended Users or have other inquiries, kindly contact ITE or see the licensing tab in the program settings of the Software.

The End User agrees that Transoft in the course of hosting or making available the Software for use by the End User may collect and use technical data and related information, including the collection of data and related information by the use of cookies. Data and information collected by Transoft may include, but is not limited to technical information about your use of the Software, Internet Protocols, hardware identification, operating system, network and application software, peripherals, and non-personally identifiable Software usage statistics that is gathered periodically to facilitate the provision of products, software updates, upgrades, fixes, product support services and other services to the End User if any related to the Software.

However, Transoft will only collect data and information in a form that does not personally identify the End User. The End User may at any time opt out of the arrangement by blocking permission allowing Transoft to use cookies. The term of this Agreement will commence on the Commencement Date, and will remain in effect until December 31, ITE will have the right to terminate this Agreement:. Termination under paragraph 3.

Upon request for Additional Services by the End User, ITE will or will request that its subcontractor Transoft provide a quote for the cost for such Additional Services based on the hourly rates chargeable by ITE or Transoft, as the case may be, at the time of the request. The End User will within 30 days of commencing use of the Software, give written notice to ITE of any perceived inconsistency with the Performance Description.

ITE will use commercially reasonable efforts to correct any defects or deficiencies in the Software resulting in inconsistency with the Performance Description for which it has received notice in accordance with this paragraph 5. This limited warranty is void if a defect or deficiency has resulted from:. The End User acknowledges and agrees that except for the limited warranty pursuant to paragraph 5.

Notwithstanding the generality of the foregoing, any liability of ITE, Transoft and any of the Representatives is limited exclusively to the provisions of paragraph 5. Without limiting the generality of Sections 5.

Without limiting the generality of Section 5. Each of ITE and Transoft makes no representation as to the accuracy or reliability of the data or information produced by the Software.

The provisions of this Article 6. Any notice required or permitted to be given under this Agreement will be in writing, and be delivered to the address first above written or such other address as the parties may, from time to time, designate. Notice will be delivered by personal delivery, courier, registered mail, via confirmed facsimile transmission or via confirmed electronic mail. The delivery of a notice will be deemed effective: i upon receipt, if delivered personally or by courier; ii or five 5 business days from sending, if delivered by registered mail; iii or the date of transmission, if delivered by facsimile or upon acknowledged receipt by the recipient if delivered by electronic mail and a confirmation copy is sent by first class mail.

This Agreement contains the entire agreement between the parties respecting the subject matter, and supersedes all other agreements whether written, or oral between the parties, it being expressly understood that there are no other representations, terms, warranties, conditions, guarantees, promises, agreements, collateral contracts or collateral agreements express or implied, or statutory, other than those contained in this Agreement and that this Agreement represents the whole of the Agreement between the parties, and no alteration, modification or amendment hereof will be binding unless made in writing and signed by the parties hereto.

The parties will do such additional acts and execute and deliver such further documents as may be requisite to give full effect to the terms of this Agreement. The invalidity of any particular portion, section or paragraph of this Agreement will not affect the validity of any other provision herein and, in such event, such invalid provision will be severable from this Agreement and the remainder of this Agreement will be construed as if such invalid provision was omitted.

No waiver by any party hereto of any breach of any covenant, representation, warranty, proviso, condition or stipulation herein contained whether express or implied or negative or positive in form by any other party hereto will have any effect or be binding upon any party hereto unless same will be in writing and under the authority of such party, and any waiver whatsoever will extend only to the particular breach so waived, and will not limit or affect the right of any party with respect to any other or further breach.

This Agreement shall be construed, governed, interpreted, and applied in accordance with the laws of the District of Columbia, without giving effect to the principles of conflict of laws. Any dispute relating to this Agreement shall be resolved in the municipal and federal courts serving the District of Columbia.

This Agreement may be executed in any number of counterparts, each of which will be deemed to be an original, but all of which together will constitute one and the same document.

Whenever the singular or the masculine is used herein, same will be deemed to include reference to the plural, feminine and body corporate as necessary. This Agreement will ensure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, administrators, successors and permitted assigns.

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