Laserfiche WebLink
11.6 Governing Law; Venue. This Agreement shall be governed by the laws of the state in <br />which the Customer is located. The Parties hereto agree that venue would be proper in the chosen <br />courts of the State of which the Customer is located. The Parties agree that the United Nations <br />Convention for the International Sale of Goods is excluded in its entirety from this Agreement. <br />11.7 Special Terms. Flock may offer certain special terms which are indicated in the proposal <br />and will become part of this Agreement, upon Customer’s prior written consent and the mutual <br />execution by authorized representatives (“Special Terms”). To the extent that any terms of this <br />Agreement are inconsistent or conflict with the Special Terms, the Special Terms shall control. <br />11.8 Publicity. Flock has the right to reference and use Customer’s name and trademarks and <br />disclose the nature of the Services in business and development and marketing efforts. <br />11.9 Feedback. If Customer or Authorized End User provides any suggestions, ideas, <br />enhancement requests, feedback, recommendations or other information relating to the subject <br />matter hereunder, Agency or Authorized End User hereby assigns to Flock all right, title and <br />interest (including intellectual property rights) with respect to or resulting from any of the <br />foregoing. <br />11.10 Export. Customer may not remove or export from the United States or allow the export or <br />re-export of the Flock IP or anything related thereto, or any direct product thereof in violation of <br />any restrictions, laws or regulations of the United States Department of Commerce, the United <br />States Department of Treasury Office of Foreign Assets Control, or any other United States or <br />foreign Customer or authority. As defined in Federal Acquisition Regulation (“FAR”), section <br />2.101, the Services, the Flock Hardware and Documentation are “commercial items” and <br />according to the Department of Defense Federal Acquisition Regulation (“DFAR”) section <br />252.2277014(a)(1) and are deemed to be “commercial computer software” and “commercial <br />computer software documentation.” Flock is compliant with FAR Section 889 and does not <br />contract or do business with, use any equipment, system, or service that uses the enumerated <br />banned Chinese telecommunication companies, equipment or services as a substantial or essential <br />component of any system, or as critical technology as part of any Flock system. Consistent with <br />DFAR section 227.7202 and FAR section 12.212, any use, modification, reproduction, release, <br />performance, display, or disclosure of such commercial software or commercial software <br />documentation by the U.S. Government will be governed solely by the terms of this Agreement <br />and will be prohibited except to the extent expressly permitted by the terms of this Agreement.