PROPRIETARY RIGHTS. ALL ARBITRATION PROCEEDINGS SHALL BE CONDUCTED IN CONFIDENCE, AND THE PARTY PREVAILING IN
ARBITRATION SHALL BE ENTITLED TO RECOVER ITS REASONABLE ATTORNEYS’ FEES AND NECESSARY COSTS INCURRED
RELATED THERETO FROM THE OTHER PARTY.
U.S. GOVERNMENT RESTRICTED RIGHTS. The Software under this Agreement is "commercial computer software" as that term is described in
48 C.F.R. 252.227-7014(a)(1). If acquired by or on behalf of a civilian agency, the U.S. Government acquires this commercial computer software
and/or commercial computer software documentation subject to the terms of this Agreement as specified in 48 C.F.R. 12.212 (Computer Software)
and 12.211 (Technical Data) of the Federal Acquisition Regulations ("FAR") and its successors. If acquired by or on behalf of any agency within
the Department of Defense ("DOD"), the U.S. Government acquires this commercial computer software and/or commercial computer software
documentation subject to the terms of this Agreement as specified in 48 C.F.R. 227.7202 of the DOD FAR Supplement and its successors.
MISCELLANEOUS TERMS. You agree to pay BMC all amounts owed no later than 30 days from the date of the applicable invoice, unless
otherwise provided on the order for the License to the Products. You will pay, or reimburse BMC, for taxes of any kind, including sales, use, duty,
tariffs, customs, withholding, property, value-added (VAT), and other similar federal, state or local taxes (other than taxes based on BMC’s net
income) imposed in connection with the Product and/or the Support. This Agreement constitutes the entire agreement between You and BMC and
supersedes any prior or contemporaneous negotiations or agreements, whether oral, written or displayed electronically, concerning the Product
and related subject matter. No modification or waiver of any provision hereof will be effective unless made in a writing signed by both BMC and
You. You may not assign or transfer this Agreement or a License to a third party without BMC’s prior written consent. Should any provision of this
Agreement be invalid or unenforceable, the remainder of the provisions will remain in effect. The parties have agreed that this Agreement and the
documents related thereto be drawn up in the English language. Les parties exigent que la présente convention ainsi que les documents qui s’y
rattachent soient rédigés en anglais.
SW EULA Int 030102
