Common use of Miscellaneous Clause in Contracts

Miscellaneous. 9.1 Either Party’s obligation to fulfill this Agreement is subject to the provision that the fulfillment is not prevented by any impediments arising out of national and international foreign trade and customs requirements or any embargos or other sanctions. 9.2 If any provision(s) of this Agreement is held to be illegal, invalid or unenforceable, the legality, validity and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. The Parties shall use their reasonable efforts to substitute the illegal, invalid or unenforceable provision by a legal, valid or enforceable one, approximating as closely as possible the original intent of the Parties. 9.3 Either Party may partly or fully assign this Agreement or single rights and obligations hereunder to its Affiliated entities with prior information of the other Party and - in connection with any type of merger, consolidation, divestiture, dissolution and/or any other type of business combination or business reorganization, including the establishment of joint venture companies and specific purpose companies – to any third party. Otherwise, none of the Parties is entitled to partly or fully assign this Agreement or single rights and obligations hereunder to a third party, without written consent of the other Party. Any assignment made in this context without prior consent of the other Party shall be null and void. 9.4 Subsidiary agreements, amendments and additions must be clearly identified as such and signed by representatives of the Parties who are expressly authorized for this purpose. 9.5 With the exception of termination notices or amendments to this Agreement, any notice under this Agreement may be provided via e-mail, even if this Agreement requires such notice to be “written”, “in writing” or “in written form”. Termination notices or amendments to this Agreement (including any waiver of the written form requirement), as well as the Agreement itself, shall be executed either in writing or by electronic signature, using a software tool for electronic signatures. 9.6 In the event of inconsistency or contradiction between the provisions of this Agreement and the provisions of the EIT Manufacturing Internal Agreement or accession to EIT GA will prevail.

Miscellaneous. 9.1 Either Party’s obligation to fulfill this Agreement is subject to You are solely responsible for your familiarity and compliance with any laws that may prohibit you from participating in or using any part of the provision that the fulfillment is not prevented by any impediments arising out of national and international foreign trade and customs requirements or any embargos or other sanctions. 9.2 Service. If any provision(s) provision of this Agreement is held to be illegal, invalid or unenforceable, then such provision shall be construed, as nearly as possible, to reflect the legality, validity and enforceability intentions of the remaining parties, and all other provisions will remain in full force and effect. Adobe’s failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Adobe in any way writing. Your rights hereunder may not be affected assigned or impaired thereby. The Parties shall use their reasonable efforts to substitute the illegal, invalid or unenforceable provision by a legal, valid or enforceable one, approximating as closely as possible the original intent of the Parties. 9.3 Either Party may partly or fully assign this Agreement or single rights and obligations hereunder to its Affiliated entities with prior information of the other Party and - in connection with any type of merger, consolidation, divestiture, dissolution and/or any other type of business combination or business reorganization, including the establishment of joint venture companies and specific purpose companies – transferred to any third party. OtherwiseThis Agreement, none of including the Parties is entitled to partly or fully assign this Agreement or single rights Privacy Policy, constitutes the entire agreement between you and obligations hereunder to a third party, without written consent of the other Party. Any assignment made in this context without Adobe and supersedes all prior consent of the other Party shall be null and void. 9.4 Subsidiary agreements, amendments representations, and additions must be clearly identified as such and signed by representatives of the Parties who are expressly authorized for this purpose. 9.5 With the exception of termination notices or amendments to this Agreement, any notice under this Agreement may be provided via e-mail, even if this Agreement requires such notice to be “written”, “in writing” or “in written form”. Termination notices or amendments to this Agreement (including any waiver of the written form requirement), as well as the Agreement itself, shall be executed either in writing or by electronic signature, using a software tool for electronic signatures. 9.6 In the event of inconsistency or contradiction understandings between the provisions of this Agreement and parties regarding the provisions of the EIT Manufacturing Internal Agreement or accession to EIT GA will prevailsubject matter contained herein. Connect_Participant_TOU-en_US-20120315_1338 NOTICE TO USER: THIS LICENSE AGREEMENT (“AGREEMENT”) GOVERNS INSTALLATION AND USE BY LICENSEES OF THE ADOBE SOFTWARE DESCRIBED HEREIN. INSTALLATION AND USE OF THE SOFTWARE IS SUBjECT TO A SEPARATE WRITING DETAILING THE LICENSE METRICS APPLICABLE TO LICENSEE. LICENSEE AGREES THAT THIS AGREEMENT IS LIKE ANY WRITTEN NEGOTIATED AGREEMENT SIGNED BY LICENSEE. BY CLICKING TO ACKNOWLEDGE AGREEMENT TO BE BOUND DURING REVIEW OF AN ELECTRONIC VERSION OF THIS LICENSE, OR DOWNLOADING, COPYING, INSTALLING, OR USING THE SOFTWARE, LICENSEE ACCEPTS ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT. THIS AGREEMENT IS ENFORCEABLE AGAINST ANY PERSON OR ENTITY THAT INSTALLS AND USES THE SOFTWARE AND ANY PERSON OR ENTITY (E.G., SYSTEM INTEGRATOR, CONSULTANT OR CONTRACTOR) THAT INSTALLS OR USES THE SOFTWARE ON ANOTHER PERSON’S OR ENTITY’S BEHALF.

Miscellaneous. 9.1 Either 1. This Agreement shall remain in effect until it is terminated by either party with thirty (30) days prior written notice. Upon written request, Receiving Party certifies promptly in writing having returned or deleted all Confidential Information. The Receiving Party shall be permitted to retain computer records and files containing Confidential Information that have been created solely by the Receiving Party’s 's normal back-up procedures, to the extent such computer records and files are stored in a secure manner are not used for any other purpose.The foregoing obli- gations shall not apply to information which is stored on the Receiving Party's back-up servers, or to information which the Receiving Party or later the Permitted Recipients are required to retain pursuant to legal or regulatory requirements. 2. NO OTHERTHANTHE EXPRESSLY STATED WARRANTIES ARE MADE BY EITHER PARTY UNDERTHIS AGREEMENT. CONFIDENTIAL INFOR- ▇▇▇▇▇▇ IS PROVIDED "AS IS" WITH ALL FAULTS. NEITHER PARTY SHALL BE LIABLE FOR THE ACCURACY, FITNESS FORTHE PURPOSE OR COMPLETENESS OFTHE CONFIDENTIAL INFORMATION. 3. Each party warrants having the right to disclose Confidential Informa- tion under this Agreement. 4. All Confidential Information including, without limitation, documents, records, reports, drawings, models, designs, and lists, furnished by the Disclosing Party pursuant to the Agreement, and any derivative works, copies or reproduction thereof, whether created by the Disclosing Party or the Receiving Party shall remain the property of the Disclosing Party. Nothing contained herein shall be construed as granting any license or rights with respect to the Confidential Information, to create any agency or partnership relationship and to impose any obligation on either party to fulfill purchase, sell, license, transfer or otherwise dispose of any techno- logy, service or product. 5. In case of breach of the Agreement by the Receiving Party, the Recei- ving Party shall on request to the Disclosing Party pay a fine equivalent to the damage to Disclosing Party. Any damages shall be determined by arbitration. Payment of a fine does not affect the Disclosing Party's right to seek legal claims regarding compensation for actual damages and loss of profit, or to seek other sanctions than damages in relation to the breach of the Agreement. If there is any claim, dispute or controversy between the parties arising from or in connection with this Agreement, arbitration having jurisdiction over the domicile of the defendant in the litigation shall have the sole and exclusive jurisdiction. Disclosing Par- ty shall be entitled to immediate injunctive relief to enforce Receiving Party's obligations under this Agreement, as well as all other remedies it may have at law or in equity, including monetary damages. The party prevailing in any litigation shall be entitled, in addition to such other relief as may be granted, to reimbursement of its reasonable attorneys' fees. Disputes in connection with the Agreement shall be finally settled by arbitration in accordance with the Arbitration Rules of the Arbitration Institute of the Stockholm Chamber of Commerce.The seat of arbitra- tion shall be Stockholm, Sweden. 6. Any modification to this Agreement is subject to the provision that the fulfillment is not prevented must be made in writing and signed by any impediments arising out of national and international foreign trade and customs requirements or any embargos or other sanctions. 9.2 both parties. If any provision(s) provision of this Agreement is held to be illegalfound invalid, invalid or unenforceable, such invalidity shall not affect the legality, validity and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. The Parties shall use their reasonable efforts to substitute the illegal, invalid or unenforceable provision by a legal, valid or enforceable one, approximating as closely as possible the original intent of the Partiesother provisions. 9.3 Either 7. Receiving Party may partly warrants to comply with all applicable export laws whe- never using or fully assign this Agreement exporting Confidential Information or single rights and obligations hereunder to its Affiliated entities with prior information of the other Party and - in connection with any type of mergertechnology, consolidation, divestiture, dissolution and/or any other type of business combination service or business reorganization, including the establishment of joint venture companies and specific purpose companies – to any third party. Otherwise, none of the Parties is entitled to partly or fully assign this Agreement or single rights and obligations hereunder to a third party, without written consent of the other Party. Any assignment made in this context without prior consent of the other Party shall be null and voidproduct using Confidential Information. 9.4 Subsidiary agreements, amendments and additions must be clearly identified as such and signed by representatives of the Parties who are expressly authorized for this purpose. 9.5 With the exception of termination notices or amendments to this Agreement, any notice under this Agreement may be provided via e-mail, even if this Agreement requires such notice to be “written”, “in writing” or “in written form”. Termination notices or amendments to this Agreement (including any waiver of the written form requirement), as well as the Agreement itself, shall be executed either in writing or by electronic signature, using a software tool for electronic signatures. 9.6 In the event of inconsistency or contradiction between the provisions of this Agreement and the provisions of the EIT Manufacturing Internal Agreement or accession to EIT GA will prevail.