12.3 Governing Law; Jurisdiction and Venue. Excluding conflict of laws rules, this Agreement shall be governed by and construed under the laws of the State of Washington, USA. Should any legal action be necessary between the parties such legal action shall be filed in Bellevue, Washington, USA. The prevailing party in any litigation arising out of this Agreement shall be entitled to be reimbursed for all attorney's fees, expense, and associated costs. If any provision of the Agreement shall be held to be invalid, illegal, or unenforceable, the remaining provisions shall nevertheless be given full force and effect. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act, as currently enacted by any jurisdiction or as may be codified or amended from time to time by any jurisdiction, do not apply to this Agreement.
In many instances, Seagull Scientific may elect to resolve the question of whether use is compliant. In such instances, Seagull Scientific may, at its reasonable discretion, request a user-initiated audit. Within ten (10) business days of the date of our request, you shall certify in writing to Seagull Scientific that (a) you are and have continuously been in full compliance with the terms and conditions of this Agreement, software monitoring systems and records and shall provide such supporting evidence as may reasonably satisfy Seagull Scientific or such further evidence as we may reasonably request; or, (b) to the extent to which you are not, or were not, in full compliance regarding use of the Software Product and/or with the terms of this Agreement, software monitoring systems and records, a certification that you have remedied the matter(s) and shall provide such supporting evidence as may reasonably satisfy Seagull Scientific or as we may reasonably request. Where necessary to achieve compliance, you shall promptly (a) obtain the applicable license(s) from Seagull, or from an Authorized Partner, required to bring you into compliance; and, (b) pay the applicable fees in respect of such license(s).
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12.10 Government End-Users. The Software Product is commercial computer software. If the user or licensee of the Software Product is an agency, department, or other entity of the United States Government, the use, duplication, reproduction, release, modification, disclosure, or transfer of the Software Product, or any related documentation of any kind, including technical data and manuals, is restricted by a license agreement or by the terms of this Agreement in accordance with Federal Acquisition Regulation 12.212 for civilian purposes and Defense Federal Acquisition Regulation Supplement 227.7202 for military purposes. The Software Product was developed fully at private expense. All other use is prohibited.
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