the International Sale of Goods. The parties shall attempt to
resolve any disputes arising under
this
Agreement in
good
faith.
lO.6Construction and Severability. In the event any portion of
this
Agreement
is
determined to
be
invalid or unenforceable
by
a court
of competent jurisdiction, the remainder of this Agreement shall
remain in effect and such provision
shaH
be
replaced with a valid
and enforceable provision with
an
effect
as
close
as
possible to the
invalid or unenforceable provision.
As
used
in
this Agreement, the
terms "include" and its correlative terms shall
be
deemed to
be
terms of example and not limitation.
lO.7lnjunctive
Relief. Magellan shall have the right to enforce the
terms and conditions of
this
Agreement
by
equitable relief where
applicable, including injunctive relief and specific performance,
without
the necessity of posting a bond.
lO.8Assignment. Customer shall have no right to assign or transfer
all or any portion of this Agreement
by
operation of law or otherwise
(including
by
merger, acquisition, consolidation or sale of all or
substantially all assets of Customer).
lO.9Export
Control. Customer agrees not to export from anywhere
any part of the Software,
including
Third Party Software, provided
to Customer or any direct product thereof, except
in
compliance
with, and with all licenses and approvals required under, applicable
export laws, rules and regulations.
lO.lOGovernment
End
Users.
If
the Software
is
being acquired by
or
on
behalf of the United States government or any other entity
seeking or applying rights similar to those customarily claimed
by
the United States government, Customer shall contact Magellan at
the appropriate Magellan address set forth
on
the first
page
of this
Agreement for a copy of the additional terms and conditions govern-
ing such Customer's
use.
the International Sale of Goods. The parties shall attempt to
resolve any disputes arising under
this
Agreement in
good
faith.
lO.6Construction and Severability. In the event any portion of
this
Agreement
is
determined to
be
invalid or unenforceable
by
a court
of competent jurisdiction, the remainder of this Agreement shall
remain in effect and such provision
shaH
be
replaced with a valid
and enforceable provision with
an
effect
as
close
as
possible to the
invalid or unenforceable provision.
As
used
in
this Agreement, the
terms "include" and its correlative terms shall
be
deemed to
be
terms of example and not limitation.
lO.7lnjunctive
Relief. Magellan shall have the right to enforce the
terms and conditions of
this
Agreement
by
equitable relief where
applicable, including injunctive relief and specific performance,
without
the necessity of posting a bond.
lO.8Assignment. Customer shall have no right to assign or transfer
all or any portion of this Agreement
by
operation of law or otherwise
(including
by
merger, acquisition, consolidation or sale of all or
substantially all assets of Customer).
lO.9Export
Control. Customer agrees not to export from anywhere
any part of the Software,
including
Third Party Software, provided
to Customer or any direct product thereof, except
in
compliance
with, and with all licenses and approvals required under, applicable
export laws, rules and regulations.
lO.lOGovernment
End
Users.
If
the Software
is
being acquired by
or
on
behalf of the United States government or any other entity
seeking or applying rights similar to those customarily claimed
by
the United States government, Customer shall contact Magellan at
the appropriate Magellan address set forth
on
the first
page
of this
Agreement for a copy of the additional terms and conditions govern-
ing such Customer's
use.