In other words, the customer receives a service in a SaaS deal, not software. The provider only uses software to provide the service. I often call the transaction a "subscription" - just to give it a practical name - instead of a "license." 14.12. Mandatory arbitration. Any controversy or request arising from the agreement, including a violation of the agreement, is determined by a final and binding arbitration managed by JAMS as part of its diffused arbitration rules and procedures ("Streamlined Rules"). The arbitrator`s award is final, unverifiable and not likely to be challenged and binding on the parties, and can be registered and enforced in any competent court. Within twenty (20) days of the defendant`s receipt of the arbitration application ordered by JAMS in accordance with the Streamlined Rules or late to it, it is agreed to an arbitrator agreed by the parties who has extensive experience in resolving disputes related to similar products or services. The place of arbitration is harris County, Texas. The arbitrator is not entitled to award punitive, consecutive, winding-up or other damages that the agreement forsanous, rejects or otherwise prohibits, and the award of arbitration cannot exceed the liability limit set out in the agreement. None of the contracting parties has the right to act as a class member or to participate as a class member in any controversy or arbitration claim arising from the agreement (including a violation of the agreement) or in connection with the agreement. 4.5. Changes or adjustment of content.
AVEVA may at any time modify or adjust the following, made available or accessible via a product (with content other than customer content, unless that content is contrary to the agreement): Software, machine images, data (including, but not limited to technical data, models, examples, libraries and standards), information, text, audio, video, images or other content or other content contained in the product. , documentation, application programming interfaces, sample code, software, libraries, command line tools, proofs of concept, models and other related technologies. Clues. Unless otherwise stated in this Agreement, all legal instructions must be addressed to the Customer in writing at each address of the customer in the relevant order and all legal information addressed to BQE Software must be addressed in writing to the address listed below. These communications take effect (a) in the event of personal notification, b) on the declared delivery date, when they are sent by a recognized international courier or night courier, or (c) five (5) working days after sending by written or certified mail (or ten (10) days for the international post office), requested discount, all fees paid in advance. The termination of this contract or a subscription initiated by a customer should be forwarded to BQE Software`s after-sales contact.