Common use of Sundry Clause in Contracts

Sundry. Failure by either party to exercise any right or remedy under this Agreement does not signify acceptance of the event giving rise to such right or remedy. To the extent permitted by applicable law, no action, regardless of form, arising out of this Agreement may be brought by either party more than one (1) year after the cause of action has accrued. The headings used in this Agreement are for convenience only and shall not be considered in interpreting this Agreement. If any part of the Agreement is held by a court of competent jurisdiction to be illegal or unenforceable, the validity or enforceability of the remainder of this Agreement shall not be affected and such provision shall be deemed modified to the minimum extent necessary to make such provision consistent with applicable law and, in its modified form, such provision shall then be enforceable and enforced. Customer may not assign this Agreement without the prior written approval of MariaDB. Such prior approval shall not be needed in case the assignment results from a corporate reorganization, consolidation, merger, or sale of substantially all of its assets, provided that the beneficiary of such assignment is no direct competitor of MariaDB (i.e. an entity providing database products and services). Customer acknowledges that the Products may be subject to U.S. export control laws, and agrees not to disclose or export, either directly or indirectly, any technology or information or Products obtained pursuant to this Agreement. In particular, Customer agrees that the Products are not being nor will be acquired or re-exported, whether directly or indirectly, to proscribed or embargoed countries or to their nationals, nor will they be used for nuclear activities, chemical or biological weapons, or missile projects unless authorized by the U.S. government. Customer hereby certifies that it is not prohibited by the U.S. government from participating in export or reexport transactions. This Agreement may be amended or modified only in a writing executed by both parties. It may be executed via facsimile, and a facsimile copy of either party's signature shall be deemed and be enforceable as an original thereof. In case of conflict or inconsistency between this Agreement and any other document submitted by Customer to MariaDB, the terms and conditions of this Agreement will prevail.

Sundry. Failure by either party to exercise any right or remedy under this Agreement does not signify acceptance of the event giving rise to such right or remedy. To the extent permitted by applicable law, no action, regardless of form, arising out of this Agreement may be brought by either party more than one (1) year after the cause of action has accrued. The headings used in this Agreement are for convenience only and shall not be considered in interpreting this Agreement. If any part of the Agreement is held by a court of competent jurisdiction to be illegal or unenforceable, the validity or enforceability of the remainder of this Agreement shall not be affected and such provision shall be deemed modified to the minimum extent necessary to make such provision consistent with applicable law and, in its modified form, such provision shall then be enforceable and enforced. Customer may not assign this Agreement without the prior written approval of MariaDBSeveralnines. Such prior approval shall not be needed in case the assignment results from a corporate reorganization, consolidation, merger, or sale of substantially all of its assets, provided that the beneficiary of such assignment is no direct competitor of MariaDB Severalnines (i.e. an entity providing database products and services). Customer acknowledges that the Products may be subject to U.S. export control laws, and agrees not to disclose or export, either directly or indirectly, any technology or information or Products obtained pursuant to this Agreement. In particular, Customer agrees that the Products are not being nor will be acquired or re-exported, whether directly or indirectly, to proscribed or embargoed countries or to their nationals, nor will they be used for nuclear activities, chemical or biological weapons, or missile projects unless authorized by the U.S. government. Customer hereby certifies that it is not prohibited by the U.S. government from participating in export or reexport re-export transactions. This Agreement may be amended or modified only in a writing executed by both parties. It may be executed via facsimile, and a facsimile copy of either party's signature shall be deemed and be enforceable as an original thereof. In case of conflict or inconsistency between this Agreement and any other document submitted by Customer to MariaDBSeveralnines, the terms and conditions of this Agreement will prevail.

Sundry. Failure by either party to exercise any right or remedy under this Agreement does not signify acceptance of the event giving rise to such right or remedy. To the extent permitted by applicable law, no action, regardless of form, arising out of this Agreement may be brought by either party more than one (1) year after the cause of action has accrued. The headings used in this Agreement are for convenience only and shall not be considered in interpreting this Agreement. If any part of the Agreement is held by a court of competent jurisdiction to be illegal or unenforceable, the validity or enforceability of the remainder of this Agreement shall not be affected and such provision shall be deemed modified to the minimum extent necessary to make such provision consistent with applicable law and, in its modified form, such provision shall then be enforceable and enforced. Customer may not assign this Agreement without the prior written approval of MariaDB. Such prior approval shall not be needed in case the assignment results from a corporate reorganization, consolidation, merger, or sale of substantially all of its assets, provided that the beneficiary of such assignment is no direct competitor of MariaDB (i.e. an entity providing database products and services). Customer acknowledges that the Products may be subject to U.S. export control laws, and agrees not to disclose or export, either directly or indirectly, any technology or information or Products obtained pursuant to this Agreement. In particular, Customer agrees that the Products are not being nor will be acquired or re-exportedre­exported, whether directly or indirectly, to proscribed or embargoed countries or to their nationals, nor will they be used for nuclear activities, chemical or biological weapons, or missile projects unless authorized by the U.S. government. Customer hereby certifies that it is not prohibited by the U.S. government from participating in export or reexport re­export transactions. This Agreement may be amended or modified only in a writing executed by both parties. It may be executed via facsimile, and a facsimile copy of either party's signature shall be deemed and be enforceable as an original thereof. In case of conflict or inconsistency between this Agreement and any other document submitted by Customer to MariaDB, the terms and conditions of this Agreement will prevail.