Law. This Agreement shall be construed and interpreted solely in accordance with the laws of the State of New York, United States of America, without application of its conflict of laws provisions. Should any term and condition be declared illegal or otherwise unenforceable, it shall be severed from the remainder of this Agreement without affecting the legality or enforceability of the remaining portions. ProQuest's remedies set forth herein are not exclusive and are in addition to any and all other remedies available at law or in equity, none of which shall be deemed as waived by virtue of ProQuest's exercise of any other remedy. Except solely for actions by ProQuest to collect for charges incurred by the Customer which have not been paid, neither party may bring an action regardless of form, arising out of the transactions under this Agreement more than three (3) years after the cause of action has accrued. If action be instituted on this Agreement, the prevailing party shall be entitled to recover costs and reasonable attorney's fees. Customer agrees that any breach of its obligations under this Agreement with respect to the restriction on Customer's use of the data or documentation received from the Service will cause ProQuest irreparable injury for which there are inadequate remedies at law, and therefore ProQuest will be entitled to equitable relief in addition to all other remedies provided by this Agreement or available at law.
