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Spatialest Master Software and Services Agreement 14 <br /> <br />of the paper document bearing the original signature. Any conflict between the terms and conditions set <br />forth in this Agreement and any Sales Order or SOW shall be resolved in favor of this Agreement unless <br />such Sales Order or SOW expressly references the conflicting provision in this Agreement that it is <br />intended to control and states that it is to control. Customer agrees that purchases hereunder are neither <br />contingent on the delivery of any future functionality or features nor dependent on any oral or written <br />comments made by Spatialest regarding future functionality or features. <br />10.11 Waiver and Severability <br />Performance of any obligation required by a Party hereunder may be waived only by a written waiver <br />signed by an authorized representative of the other Party, which waiver shall be effective only with <br />respect to the specific obligation described therein. The failure of either Party to exercise any of its rights <br />under this Agreement will not be deemed a waiver or forfeiture of such rights. The invalidity or <br />unenforceability of one or more provisions of this Agreement will not affect the validity or enforceability <br />of any of the other provisions hereof, and this Agreement will be construed in all respects as if such invalid <br />or unenforceable provision(s) were omitted. <br />10.12 Export; Government Restricted Rights <br />Customer acknowledges that the export of any Software or Services is subject to export or import control <br />and Customer agrees that any Software or Services or the direct or indirect product thereof will not be <br />exported (or re-exported from a country of installation) directly or indirectly, unless Customer obtains all <br />necessary licenses from the U.S. Department of Commerce or other agency as required by law. The <br />Software, Services and the Documentation have been developed at private expense and are sold <br />commercially. They are provided under any U.S. government contracts or subcontracts with the most <br />restricted and the most limited rights permitted by law and regulation. Whenever so permitted, the <br />government and any intermediate buyers will obtain only those rights specified in Spatialest’s standard <br />commercial license. Thus, the Software and Services referenced herein, and the Documentation provided <br />by Spatialest hereunder, which are provided to any agency of the U.S. Government or U.S. Government <br />contractor or subcontractor at any tier shall be subject to the maximum restrictions on use as permitted <br />by FAR 52.227-19 (June 1987) or DFARS 227.7202-3(a) (Jan. 1, 2000) or successor regulations. <br /> <br /> <br /> <br /> <br /> <br />DocuSign Envelope ID: D64C7E68-26A4-4A46-BC30-54CE92CAE70D