You agree to use Software at your sole risk and responsibility. Further, you agree to assume all responsibilities and obligations arising out of any modified or reproduced Source Code under Article 1. Unless otherwise provided herein, nothing contained in this SLA shall be construed as granting or conferring any rights, including any copyrights and any intellectual property rights, by license or otherwise, expressly or implied.
You agree to comply with any applicable Japanese and other foreign export laws and regulations in importing, exporting or re-exporting any Software or any products into which Software is installed. You agree not to transfer, export or re-export, directly or indirectly, the Software and any copy thereof without obtaining a proper license under Japanese and other foreign export law, restrictions and regulations.
Such Dispute must be filed no later than one year after the date the Software is first acquired. If any conflict between provisions of this SLA and of any Free Software License that is applied to such software exists, then the provisions of the applicable Free Software License shall prevail. This SLA constitutes the entire agreement between you and Fujitsu Component with respect to the Software and supersedes all prior agreements, negotiations, discussions, and understandings, written or oral.
This SLA may only be modified or amended only if agreed in writing and signed by an authorized representative of Fujitsu Component. Subject to Section No right or obligation under this SLA shall be assigned by you to any third party. The terms of this Section 13 shall apply to all Disputes between you and Fujitsu Component.
You and Fujitsu Component also agree, notwithstanding Section Binding Arbitration. Pursuant to this SLA, binding arbitration shall be administered by JAMS, a nationally recognized arbitration authority, pursuant to its code of procedures then in effect for consumer related disputes, but excluding any rules that permit joinder or class actions in arbitration for more detail on procedure, see Section Pre-Arbitration Steps and Notice.
Before submitting a claim for arbitration, you and Fujitsu Component agree to try, for sixty 60 days, to resolve any Dispute informally. If Fujitsu Component and you do not reach an agreement to resolve the Dispute within the sixty 60 days, you or Fujitsu Component may commence an arbitration.
The Dispute Notice to you will be sent to the most recent address Fujitsu Component has in its records for you. For this reason, it is important to notify us if your address changes by emailing us at fcl-contact cs. Following receipt of the Dispute Notice, Fujitsu Component and you agree to act in good faith to resolve the Dispute before commencing arbitration. Small Claims Court. Arbitration Procedure. All Disputes shall be resolved by a single neutral arbitrator, and both parties shall have a reasonable opportunity to participate in the selection of the arbitrator.
The arbitrator is bound by the terms of this SLA. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of this SLA, including any claim that all or any part of this SLA is void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity.
In some instances, the costs of arbitration can exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court. Arbitration hearings not conducted by telephone shall take place in a location reasonably accessible from your primary residence, or in Santa Clara County, California at your option. If either you or Fujitsu Component decides to arbitrate a Dispute, both parties agree to the following procedure: i.
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