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7. DISCLAIMER.
7.1. Disclaimer. Some countries, states, or provinces do not allow the
exclusion or limitation of implied warranties or the limitation of incidental or
consequential damages for certain products supplied to consumers, or the
limitation of liability for personal injury, so the above limitations and exclusions
may be limited in their application to you.
8. EXPORT CONTROLS.
8.1. Export Controls. The Software may not be downloaded or otherwise
exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya,
North Korea, Yugoslavia, Iran, Syria, Republic of Serbia, or any other country to
which the U.S. has embargoed goods; or (ii) to anyone on the U.S Treasury
Department's List of Specially Designated Nationals or the U.S. Commerce
Department's Table of Denial Orders. By downloading or using this Software,
you are agreeing to the foregoing and you are representing and warranting that
you are not located in, under the control of, or a national or resident of any such
country or on any such list. If you obtained this Software outside of the United
States, you are also agreeing that you will not export or re-export it in violation of
the laws of the country in which it was obtained.
9. MISCELLANEOUS.
9.1. Governing Law. This Agreement shall be governed by the laws of the
State of California, as such laws are applied to agreements entered into and to
be performed entirely within California between California residents, and by the
laws of the United States. The United Nations Convention on Contracts for the
International Sale of Goods (1980) is hereby excluded in its entirety from
application to this Agreement.
9.2. Venue for Resolving Disputes. Any disputes relating ot this
Agreement will be resolved only in the state or federal courts located in Santa
Clara County, California. Each of the parties agrees to the exercise over them of
the personal jurisdiction of such courts for such purpose.
9.3. U.S. Government Restricted Rights. The Software and
documentation are provided with Restricted Rights. The Software programs and
documentation are deemed to be “commercial computer software” and
“commercial computer software documentation,” respectively, pursuant to DFAR
Section 227.7202 and FAR 12.212(b), as applicable. Any use, modification,
reproduction, release, performance, display, or disclosure of the Software
programs and/or documentation by the U S. Government or any of its agencies
shall be governed solely by the terms of this Agreement and shall be prohibited
except to the extent expressly permitted by the terms of this Agreement. Any
technical data provided that is not covered by the above provisions is deemed to