Follow Us
MENU

End User Software License Agreement

 

CCT SOLUTIONS INC. GLOBAL SOFTWARE LICENSE TERMS

 

REVISED: July, 2017

THIS END USER LICENSE AGREEMENT (“SOFTWARE LICENSE TERMS”) GOVERNS THE USE OF CCT SOLUTIONS INC. PROPRIETARY SOFTWARE AND THIRD PARTY PROPRIETARY SOFTWARE (AS DEFINED IN SECTION A BELOW) WHEN ORDERED VIA a Software Resale Agreement. IN THE EVENT THAT THERE IS A CONFLICT BETWEEN THESE SOFTWARE LICENSE TERMS AND ANY “SHRINKWRAP” OR “CLICK THROUGH” LICENSE TERMS PRESENTED WHEN THE SOFTWARE IS DOWNLOADED OR INSTALLED THEN THESE SOFTWARE LICENSE TERMS WILL APPLY. READ THESE SOFTWARE LICENSE TERMS CAREFULLY, IN THEIR ENTIRETY, BEFORE INSTALLING, DOWNLOADING OR USING THE SOFTWARE. BY INSTALLING, DOWNLOADING OR USING THE SOFTWARE, OR AUTHORIZING OTHERS TO DO SO, YOU, ON BEHALF OF YOURSELF AND THE ENTITY FOR WHOM YOU ARE DOING SO (HEREINAFTER REFERRED TO INTERCHANGEABLY AS “YOU” AND “END USER”), AGREE TO THESE SOFTWARE LICENSE TERMS AND CONDITIONS AND CREATE A BINDING CONTRACT BETWEEN YOU AND CCT SOLUTIONS INC. OR THE APPLICABLE CCT SOLUTIONS INC. AFFILIATE (“CCT SOLUTIONS INC.”). IF YOU ARE ACCEPTING THESE SOFTWARE LICENSE TERMS ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY TO THESE SOFTWARE LICENSE TERMS. IF YOU DO NOT HAVE SUCH AUTHORITY OR DO NOT WISH TO BE BOUND BY THESE SOFTWARE LICENSE TERMS, YOU MUST RETURN OR DELETE THE SOFTWARE WITHIN TEN (10) DAYS OF DELIVERY FOR A REFUND OF THE FEE, IF ANY, YOU PAID FOR THE LICENSE OR IF SOFTWARE IS ACCESSED ELECTRONICALLY, SELECT THE "DECLINE" BUTTON AT THE END OF THESE SOFTWARE LICENSE TERMS OR THE EQUIVALENT OPTION.

 

A. Definitions

(i) “Affiliate” means, with respect to CCT SOLUTIONS INC., Business Partner or End User, any entity that is directly or indirectly controlling, controlled by, or under common control with CCT SOLUTIONS INC., Business Partner or End User. For purposes of this definition, “control” means the power to direct the management and policies of such party, directly or indirectly, whether through ownership of voting securities, by contract or otherwise; and the terms “controlling” and “controlled” have meanings correlative to the foregoing.

(ii) “Business Partner” means, as the context requires, either Software Reseller or the appropriate local Business Partner Affiliate (as defined above) that typically places orders in the country of delivery. 

(iii) “Documentation” means information published by CCT SOLUTIONS INC. in varying mediums which may include product information, operating instructions and performance specifications that CCT SOLUTIONS INC. generally makes available to users of its products. Documentation does not include marketing materials.

(iv) “Software” means CCT SOLUTIONS INC.’s computer programs in object code, provided by CCT SOLUTIONS INC. or a CCT SOLUTIONS INC. Channel Partner, whether as stand-alone products or pre-installed on hardware products, and any upgrades, updates, bug fixes, or modified versions thereto.

(v) “CCT SOLUTIONS INC. Channel Partner” means a CCT SOLUTIONS INC. reseller, distributor, direct partner, system integrator, service provider or other partner directly authorized by CCT SOLUTIONS INC. to provide Software to End Users in the applicable territory. 

B. Scope. These Software License Terms are applicable to anyone who installs, downloads, and/or uses Software and/or Documentation, obtained from CCT SOLUTIONS INC. via this Agreement. Some or all of the Software may be remotely hosted or accessible to you through the Internet. You are not authorized to use the Software, if the Software was obtained from anyone other than CCT SOLUTIONS INC., either via this Agreement or directly, or a CCT SOLUTIONS INC. Channel Partner.

 

These Software License Terms govern your use of the Software and/ or Documentation except to the extent: (i) you are obtaining the Software directly from CCT SOLUTIONS INC. and you have a separate signed agreement with CCT SOLUTIONS INC. governing your use of the Software, (ii) you are obtaining the Software from a CCT SOLUTIONS INC. Channel Partner and you have a separate signed agreement with CCT SOLUTIONS INC. governing your use of Software obtained from that CCT SOLUTIONS INC. Channel Partner, (iii) the Software is accompanied by a Shrink-wrap License, or (iv) the Software is governed by Third Party Terms. If you have a separate signed purchase agreement with CCT SOLUTIONS INC., as set forth in (i) or (ii) above, such agreement shall take precedence over these Software License Terms to the extent of any conflict. With respect to third party elements subject to a Shrink-wrap License or other Third-Party Terms, the Shrink-wrap License or other Third-Party Terms shall take precedence over any signed agreement with CCT SOLUTIONS INC. and these Software License Terms to the extent of any conflict.

 

C. License Grant. CCT SOLUTIONS INC. grants you a personal, non-sublicensable, non-exclusive, non-transferable license to use Software and associated Documentation obtained from CCT SOLUTIONS INC. or a CCT SOLUTIONS INC. Channel Partner and for which applicable fees have been paid for your internal business purposes at the indicated capacity and features and within the scope of the applicable license types described below and at locations where the Software is initially installed. Documentation shall be used only in support of the authorized use of the associated Software. Software installed on mobile-devices and clients, such as a laptop or mobile phone, may be used outside of the country where the Software was originally installed, provided that such use is on a temporary basis only.

(i) Right to Move License Entitlements. Notwithstanding the foregoing limitation permitting use of the Software only at the location where it is initially installed, you may move eligible right to use license entitlements (“RTU”) for certain specified Software from one location to another in accordance with CCT SOLUTIONS INC.’s then-current software license portability policy (“License Portability Policy”), which License Portability Policy is available upon request, subject to the conditions set forth in this Section C (i):

 

(a) You shall provide written notice within ten (10) days to CCT SOLUTIONS INC. of any RTU moves including but not limited to, the number and type of licenses moved, the location of the original Server and the location of the new Server, the date of such RTU moves and any other information that CCT SOLUTIONS INC. may reasonably request;

(b) You may only move RTU’s to and from Designated Processors or Servers supporting the same Software application;

(c) You must reduce the quantity of the licenses on the original Server by the number of RTU’s being moved to the new Server;

(d) You acknowledge that: (1) you may be charged additional fees when moving RTU’s as per CCT SOLUTIONS INC.’s then-current License Portability Policy, (2) maintenance services do not cover system errors caused by moves not performed by CCT SOLUTIONS INC., (3) you are responsible for any programming, administration, design assurance, translation or other activity to make sure the Software will scale and perform as specified as a result of any license moves, and if any such transfer results in a requirement for CCT SOLUTIONS INC. system engineering or requires the use of on-site CCT SOLUTIONS INC. personnel, you will be charged the Time & Materials fees for such activity;

(e) If your maintenance coverage differs on licenses on the same product instance at the location of the new Server, service updates, recasts and/or fees may apply and any fee adjustments for differences in coverage will only be made on a going forward basis as of the date CCT SOLUTIONS INC. receives notice of the RTU move; and

(f) You may move RTU’s from one Affiliate to another Affiliate provided that you comply with all of the conditions of this Section, including, without limitation, providing the name and address of the new Affiliate in your written notice under subpart (a) above, and provided such new Affiliate agrees to be bound by these Software License Terms.

 

(ii) Non-Production License Grant. With respect to Software distributed by CCT SOLUTIONS INC. to you for non-production purposes, the scope of the license granted herein shall be to use the Software in a non-production environment solely for testing or other non-commercial purposes on a single computer or as otherwise designated by CCT SOLUTIONS INC. ("Non-Production License").

 

CCT SOLUTIONS INC. Global Software License Terms. CCT SOLUTIONS INC. and the CCT SOLUTIONS INC. Logo are trademarks of CCT SOLUTIONS INC. and may be registered in certain jurisdictions. All trademarks identified by the ® or TM are registered trademarks, service marks or trademarks, respectively, of CCT SOLUTIONS INC. Inc. All other trademarks are the property of their respective owners.

 

D. All Rights Reserved. CCT SOLUTIONS INC. retains title to and ownership of the Software, Documentation, and any modifications or copies thereof. Except for the limited license rights expressly granted in these Software License Terms, CCT SOLUTIONS INC. reserves all rights, including without limitation copyright, patent, trade secret, and all other intellectual property rights, in and to the Software and Documentation and any modifications or copies thereof. The Software contains trade secrets of CCT SOLUTIONS INC., its suppliers, or licensors, including but not limited to the specific design, structure and logic of individual Software programs, their interactions with other portions of the Software, both internal and external, and the programming techniques employed.

E. General License Restrictions. To the extent permissible under applicable law, you agree not to: (i) decompile, disassemble, reverse engineer, reverse translate or in any other manner decode the Software; (ii) alter, modify or create any derivative works or enhancements, adaptations, or translations of the Software or Documentation; (iii) sell, sublicense, lease, rent, loan, assign, convey or otherwise transfer the Software or Documentation except as expressly authorized by CCT SOLUTIONS INC. in writing, and any attempt to do so is void; (iv) distribute, disclose or allow use of the Software or Documentation, in any format, through any timesharing service, service bureau, network or by any other similar means except as expressly authorized by CCT SOLUTIONS INC. in writing; (v) allow any service provider or other third party, with the exception of CCT SOLUTIONS INC.’s authorized maintenance providers who are acting solely on behalf of and for the benefit of End User, to use or execute any software commands that facilitate the maintenance or repair of any product; (vi) gain access to or the use of any Software or part thereof without authorization from CCT SOLUTIONS INC.; (vii) enable or activate, or cause, permit or allow others to enable or activate any logins reserved for use by CCT SOLUTIONS INC. or CCT SOLUTIONS INC.’s authorized maintenance providers; (viii) publish the results of any tests run on the Software; (ix) disclose, provide, or otherwise make available to any third party any trade secrets contained in the Software or Documentation; (x) use the Software in a virtualized environment except as expressly authorized by these Software License Terms, or (xi) permit or encourage any third party to do any of the foregoing.

 

End User agrees not to allow anyone other than its authorized employees, agents or representatives who have a need to use the Software or Documentation to have access to the Software or Documentation. End User agrees to inform any third party to whom you give access to the Software or Documentation of these Software License Terms and shall obligate such third party to comply with such terms and provisions. End User shall be responsible for any third party’s failure to comply with these Software License Terms and shall indemnify CCT SOLUTIONS INC. for any damages, loss, expenses or costs, including attorneys’ fees and costs of suit, incurred by CCT SOLUTIONS INC. as a result of non-compliance with this Section.

 

Additional License Restrictions Applicable to the EU. Notwithstanding the limitations in Sections C and E regarding the use of Software at locations where initially installed and transfer of licenses, End Users located in a member state of the European Union may, in accordance with the judgment(s) of Court of Justice of the European Union, resell licenses, subject to the following conditions:

 

(i) Prior to resale of a license, End User will promptly, but not less than 30 days prior to a resale, notify CCT SOLUTIONS INC. in writing of its intention to resell a license.

(ii) Unless expressly agreed otherwise in writing, End User will not be permitted to resell less than its entire license to a buyer.

(iii) End User will resell the Software subject to these Software License Terms and shall ensure that the buyer is bound by these Software License Terms.

(iv) Upon resale of a license, End User shall immediately and permanently cease all use of and destroy all copies of the Software and any related materials in End User’s possession or control and, upon CCT SOLUTIONS INC.’s request, certify such destruction in writing. CCT SOLUTIONS INC. may audit End User’s compliance with the foregoing in accordance with Section J below.

(v) End User will keep appropriate records of all license resale including, but not limited to, the name and location of the buyer and the number and types of licenses resold.

(vi) End User acknowledges that: (a) resale of a license is subject to any relevant Third Party Terms; (b) maintenance services do not cover system errors caused by license resale not performed by CCT SOLUTIONS INC.; (c) CCT SOLUTIONS INC. is not responsible for any programming, administration, design assurance, translation or other activity to make sure the Software will scale and perform as specified as a result of any license resale, and if any such resale results in a requirement for CCT SOLUTIONS INC. system engineering or requires the use of on-site CCT SOLUTIONS INC. personnel, End User will be charged the then applicable CCT SOLUTIONS INC. time and materials rates for such activity; (d) any resale of a maintenance services agreement between CCT SOLUTIONS INC. and the original licensee is subject to CCT SOLUTIONS INC.’s prior written approval. CCT SOLUTIONS INC. reserves the right to withhold such approval and/or offer the new licensee a maintenance services agreement subject to different terms and conditions; and (e) if not expressly agreed by CCT SOLUTIONS INC. in writing otherwise, the resale of licenses does not entitle the End User to cancel or partially cancel a maintenance services agreement during the agreed term.

 

If the Software is rightfully located in a member state of the European Union and End User needs information about the Software in order to achieve interoperability of an independently created software program with the Software, End User will first request such information from CCT SOLUTIONS INC. CCT SOLUTIONS INC. may charge End User a reasonable fee for the provision of such information. End User agrees to protect such information in accordance with Section P below, and shall use such information only in accordance with the terms and conditions under which CCT SOLUTIONS INC. provides such information. To the extent that the End User is expressly permitted by applicable mandatory law to undertake any activities related to achieving interoperability of an independently created software program with the Software, End User will not exercise those rights until End User has given CCT SOLUTIONS INC. twenty (20) days written notice of its intent to exercise any such rights.

 

F. Proprietary Rights Notices. You agree to retain, in the same form and location, all proprietary legends and/or logos of CCT SOLUTIONS INC. and/or CCT SOLUTIONS INC.’s suppliers on any permitted copies of the Software or Documentation.

G. Backup Copies. End User may create a reasonable number of archival and backup copies of the Software and the Documentation.

H. Upgrades. End User’s right to use any upgrades to the Software shall be conditioned upon End User having a valid license to use the original Software and paying the applicable license fee to CCT SOLUTIONS INC. or a CCT SOLUTIONS INC. Channel Partner for such upgrade.

I. Warranty. CCT SOLUTIONS INC.’s Global Product Warranty Policy for End Users, which details a limited warranty for Software and Software media and the applicable procedures, exclusions, and disclaimers, is available through the following website: http://support.CCT SOLUTIONS INC..com, or such successor site as designated by CCT SOLUTIONS INC. Please note that if you are acquiring the Software from a CCT SOLUTIONS INC. Channel Partner outside the United States of America or Canada, the warranty is provided to you by said CCT SOLUTIONS INC. Channel Partner and not by CCT SOLUTIONS INC.

J. Compliance. CCT SOLUTIONS INC. and the CCT SOLUTIONS INC. Channel Partner who provided the Software have the right to inspect or audit by remote polling or other reasonable means during normal business hours and with reasonable notice to determine End User’s compliance with these Software License Terms, including but not limited to usage levels. In the event such inspection or audit uncovers non-compliance with these Software License Terms, then without prejudice to CCT SOLUTIONS INC.’s termination rights hereunder, End User shall promptly pay CCT SOLUTIONS INC. any applicable license fees. End User agrees to keep a current record of the location of the Software.

 

K. Termination of License; Effect of Termination/ Expiration. If you breach these Software License Terms and if within ten (10) business days of CCT SOLUTIONS INC.’s written request to cure, you have not cured all breaches of license limitations or restrictions, CCT SOLUTIONS INC. may, with immediate effect, terminate the licenses granted in these Software License Terms without prejudice to any available rights and remedies CCT SOLUTIONS INC. may have at law or in equity. Upon termination or expiration of the license for any reason, you must immediately permanently destroy all copies of the Software and any related materials in your possession or control and, upon CCT SOLUTIONS INC.’s request, certify such destruction in writing. The provisions concerning confidentiality, the protection of trade secrets and proprietary rights, indemnity, license restrictions, export control, and all limitations of liability and disclaimers and restrictions of warranty (as well as any other terms which, by their nature, are intended to survive termination) will survive any termination or expiration of the Software License Terms.

L. License Types. CCT SOLUTIONS INC. grants you a license within the scope of the license types described below. Where the order documentation does not expressly identify a license type, the applicable license will be a Designated System License. The applicable number of licenses and units of capacity for which the license is granted will be one (1), unless a different number of licenses or units of capacity is specified in the documentation or other materials available to you. “Designated Processor” means a single stand-alone computing device. “Server” means a Designated Processor that hosts a software application to be accessed by multiple users. “Instance” means a single copy of the Software executing at a particular time: (i) on one physical machine; or (ii) on one deployed software virtual machine (“VM”) or similar deployment.

(a) Concurrent User License (CU). End User may install and use the Software on multiple Designated Processors or one or more Servers, so long as only the licensed number of Units are accessing and using the Software at any given time. A “Unit” means the unit on which CCT SOLUTIONS INC., at its sole discretion, bases the pricing of its licenses and can be, without limitation, an agent, port or user, an e-mail or voice mail account in the name of a person or corporate function (e.g., webmaster or helpdesk), or a directory entry in the administrative database utilized by the Software that permits one user to interface with the Software. Units may be linked to a specific, identified Server or an Instance of the Software.

(b) Shrinkwrap License (SR). You may install and use the Software in accordance with the terms and conditions of the applicable license agreements, such as “shrinkwrap” or “clickthrough” license accompanying or applicable to the Software (“Shrinkwrap License”). In the event that there is a conflict between these Software License Terms and any Shrinkwrap License then these Software License Terms will apply

M. Third Party Components. Certain software programs or portions thereof included in the Software may contain software (including open source software) distributed under third party agreements (“Third Party Components”), which contain terms regarding the rights to use certain portions of the Software (“Third Party Terms”). As required, information regarding distributed Linux OS source code (for those Products that have distributed Linux OS source code) and identifying the copyright holders of the Third Party Components and the Third Party Terms that apply is available in the Documentation or on CCT SOLUTIONS INC.’s website, or such successor site as designated by CCT SOLUTIONS INC.. You agree to the Third Party Terms for any such Third Party Components.

N. Limitation of Liability. EXCEPT FOR PERSONAL INJURY CLAIMS OR WILLFUL MISCONDUCT, AND TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, NEITHER CCT SOLUTIONS INC., CCT SOLUTIONS INC. AFFILIATES, THEIR LICENSORS OR SUPPLIERS, NOR ANY OF THEIR DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS SHALL BE LIABLE FOR (i) ANY INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, STATUTORY, INDIRECT OR CONSEQUENTIAL DAMAGES, (ii) ANY LOSS OF PROFITS, REVENUE, OR DATA, TOLL FRAUD, OR COST OF COVER, SUBSTITUTE GOODS OR PERFORMANCE, OR (iii) ANY DIRECT DAMAGES ARISING UNDER THESE SOFTWARE LICENSE TERMS IN EXCESS OF THE FEES PAID FOR THE SOFTWARE GIVING RISE TO THE CLAIM IN THE TWELVE MONTH PERIOD IMMEDIATELY PRCEDING THE DATE GIVING RISE TO THE CLAIM. REGARDLESS OF WHETHER THEY WERE ADVISED, HAD OTHER REASON TO KNOW, OR IN FACT KNEW OF THE POSSIBILITY THEREOF AND REGARDLESS OF WHETHER THE LIMITED REMEDIES FAIL OF THEIR ESSENTIAL PURPOSE. THESE LIMITATIONS OF LIABILITY IN THIS SECTION WILL APPLY TO ANY DAMAGES, HOWEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE.

O. Protection of Software and Documentation. End User acknowledges that the Software and Documentation are confidential information of CCT SOLUTIONS INC. and its suppliers and contain trade secrets of CCT SOLUTIONS INC. and its suppliers. End User agrees at all times to protect and preserve in strict confidence the Software and

CCT SOLUTIONS INC. Global Software License Terms. Documentation using no less than the level of care End User uses to protect its own information of a confidential nature and to implement reasonable security measures to protect the trade secrets of CCT SOLUTIONS INC. and its suppliers.

 

P. Personal Data. The download or use of the Software may require the processing of personal data (including, but not limited to contact name, company address, company phone or fax, or company email) pertaining to your company or to your company’s personnel. Such data will be used by CCT SOLUTIONS INC. for communication, administrative, and operational purposes related to the Software, including but not limited to tracking Software activations, communicating regarding trouble tickets and alarms, and providing Software updates. Personal data required to download or use the Software must be submitted to CCT SOLUTIONS INC.. Failing the submission of such data, the download or use of the Software may not be possible. You or your personnel have a right to access and correct erroneous personal data pertaining to you or your personnel and to object for legitimate reasons to the processing and transfer of this data

Q. High Risk Activities. The Software is not fault-tolerant and is not designed, manufactured or intended for any use in any environment that requires fail-safe performance in which the failure of the Software could lead to death, personal injury or significant property damage (“High Risk Activities”). Such environments include, among others, control systems in a nuclear, chemical, biological or other hazardous facility, aircraft navigation and communications, air traffic control, and life support systems in a healthcare facility. End User assumes the risks for its use of the Software in any such High Risk Activities.

R. ST. U.S Government End Users. The Software is classified as "commercial computer software" and the Documentation is classified as "commercial computer software documentation" or "commercial items," pursuant to 48 CFR FAR 12.212 or DFAR 227.7202, as applicable. Any use, modification, reproduction, release, performance, display or disclosure of the Software or Documentation by the Government of the United States shall be governed solely by the terms of these Software License Terms and shall be prohibited except to the extent expressly permitted by these Software License Terms, and any use of the Software and/ or Documentation by the Government constitutes agreement to such classifications and to these Software License Terms.

S. Acknowledgement. End User acknowledges that certain Software may contain programming that: (i) restricts, limits and/or disables access to certain features, functionality or capacity of such Software subject to the End User making payment for licenses to such features, functionality or capacity; or (ii) periodically deletes or archives data generated by use of the Software and stored on the applicable storage device if not backed up on an alternative storage medium after a certain period of time.

T. Miscellaneous. These Software License Terms will be governed by New York law, excluding choice of law principles and the United Nations Convention on Contracts for the International Sale of Goods. Any claim, dispute or controversy (collectively a “Claim”) arising out of or relating to these Software License Terms, including without limitation the formation, interpretation, breach or termination hereof, or any issue regarding whether a Claim is subject to arbitration hereunder, that cannot be settled by good faith negotiation between the parties within a reasonable period of time, will be conclusively determined by a final and binding arbitration proceeding to take place in New York City, New York. Such proceeding will be conducted in English and administered by JAMS pursuant to the JAMS Comprehensive Arbitration Rules and Procedures then in effect, or in the event one of the parties is located outside of the United States, pursuant to the JAMS International Arbitration Rules then in effect, before a panel of one arbitrator chosen in accordance with such rules. The arbitrator will not award punitive or exemplary damages, and will not have the authority to limit, expand or otherwise modify the Software License Terms. The ruling by the arbitrator may be entered in any court having jurisdiction over the parties or any of their assets. The parties will evenly split the cost of the arbitrator’s fees, but each party will bear their own attorneys' fees and other costs associated with the arbitration. The parties agree that this arbitration provision may be enforced by injunction or other equitable order, and no bond or security of any kind will be required with respect to any such injunction or order. In addition and notwithstanding the foregoing, CCT SOLUTIONS INC. shall be entitled to take any necessary legal action, including without limitation seeking immediate injunctive relief from a court of competent jurisdiction, in order to protect CCT SOLUTIONS INC.’s intellectual property and its confidential or proprietary information (including but not limited to trade secrets). If any provision of these Software License Terms is determined to be unenforceable or invalid, these Software License Terms will not be rendered unenforceable or invalid as a whole, and the provision will be changed and interpreted so as to best accomplish the objectives of the original provision within the limits of applicable law. The failure to assert any rights under the Software License Terms, including, but not limited to, the right to terminate in the event of breach or default, will not be deemed to constitute a waiver of the right to enforce each and every provision of the Software License Terms in accordance with their terms. If you move any Software, and as a result of such move, a jurisdiction imposes a duty, tax, levy or fee (including withholding taxes, fees, customs or other duties for the import and export of any such Software), then you are solely liable for, and agree to pay, any such duty, taxes, levy or other fees.

 

U. Agreement in English or German. The parties confirm that it is their wish that these Software License Terms, as well as all other documents relating hereto, including all notices, have been and shall be drawn up in German or the English language only.