SPSS (UK) Limited (“SPSS”) and the licensee identified ... - IT Services

15. Post Termination
been taken. This paragraph shall survive the termination of this Agreement. Any terms of
this AGREEMENT that by their nature extend beyond termination of this AGREEMENT remain
in effect until fulfilled, and apply to both parties’ respective successors and assignees.
15.1 Termination of this Licence howsoever caused shall not affect the rights of either party under
this Agreement which may have accrued up to the date of termination.
16. Force Majeure
16.1 Neither LICENSEE nor SPSS is responsible for failure to fulfill any obligations due to causes
beyond its control.
18. Assignment
18.1 LICENSEE agrees that this AGREEMENT may not be assigned by it and that SOFTWARE may
not be transferred by it without the prior written consent of SPSS in its sole discretion. SPSS
shall have a right to assign or transfer this Agreement to International Business Machines
Corporation (“IBM”) or an IBM subsidiary without the consent of LICENSEE.
19. Notices
19.1 Any notice required to be given pursuant to this Agreement shall be in writing, and shall be
sent to the other party marked for the attention of the person at the address set out for such
party in this Agreement. Notices may be sent by first-class mail or fax, provided that faxes
are confirmed within 24 hours by first-class mailed confirmation of a copy. Correctly
addressed notices sent by first-class mail shall be deemed to have been delivered 72 hours
after posting and correctly directed faxes shall be deemed to have been received
instantaneously on transmission, provided that they are confirmed as set out this Section.
20. Severability
20.1 If a part of this AGREEMENT is held unenforceable or invalid or prohibited under law, it shall
be struck from this AGREEMENT and shall not affect the enforceability of the other parts of
this AGREEMENT.
21. Waiver
21.1 Nothing in this AGREEMENT affects any statutory rights of consumers that cannot be waived
or limited by contract.
21.2 No waiver of any breach of this Agreement shall constitute a waiver of any other breach of
the same or other provision of this Agreement and no waiver shall be effective unless made
in writing.
22. Disputes & Law
22.1 Each party will allow the other reasonable opportunity to comply before it claims that the
other has not met its obligations under this AGREEMENT. The parties will attempt in good
faith to resolve all disputes, disagreements, or claims between the parties relating to this
AGREEMENT.
22.2 Unless otherwise required by applicable law without the possibility of contractual waiver or
limitation: (a) neither party will bring a legal action, regardless of form, for any claim arising
out of or related to this AGREEMENT more than two years after the cause of action arose; (b)
upon the expiration of such time limit, any such claim and all respective rights related to the
claim lapse; and (c) each party waives any right to a jury trial in any proceeding arising out of
or related to this AGREEMENT.