Ontotext End-User License Agreement This Ontotext License Agreement ("Agreement") is entered into by and between: 1. ONTOTEXT AD, a company registered in the Bulgarian Commercial Register with UIC 200421236, VAT number: BG200421236, with headquarters in 1700 Sofia, Bulgaria, company address: 79 Nikola Gabrovski Str., 3rd Floor (hereinafter referred to the "Licensor"), and 2. You (hereinafter referred to "Licensee"), as of the first date on which occurred one of the following: (i) Licensee has agreed to the terms and conditions of this Agreement, or (ii) first usage of the Licensed Software by Licensee (the "Effective Date"), agreed to the following: Article 1. Definitions When used in this Agreement, the following terms shall have the respective meanings indicated, such meanings to be applicable to both the singular and plural forms of the terms defined: 1. "Licensed Software" or "Software" shall mean GraphDB Software and any applicable add-on with product line and version as specified in the individual license agreement signed between Licensor and Licensee and related Documentation, including all legally obtained Updates, Upgrades and modifications to such products that may be provided from time to time by the Licensor. If there is no individual license agreement signed between Licensor and Licensee, GraphDB product line and version shall be considered as per the provided License Key. If no License Key is provided, it shall be considered that GraphDB Free is provided to Licensee. 2. Licensed Software does not include Interfaces and application programming interfaces ("Third-Party Products and Libraries") which are distributed together with the Licensed Software, but licensed directly from their respective owners. Detailed information about the Third-Party Products and Libraries is provided in the file described in Article 10, Paragraph 2. 3. "Documentation" shall mean the operating instructions, user manuals, "read-me" files, and all technical information and reference materials related to the Software, in whatever form, provided by the Licensor. 4. "Updates" shall mean any subsequent releases of the Licensed Software that Licensor makes generally available to Licensee from time to time and that is intended to replace a prior Licensed Software release and when applied become a part of the Licensed Software. Updates are minor software enhancements, patches or bug fixes to the Software. Depending on the nature of the changes, there might or might not be change in the release number of the Licensed Software. 5. "Upgrade" shall mean any subsequent releases of the Licensed Software that Licensor makes generally available to Licensee from time to time and that is intended to replace a prior Licensed Software release and when applied become a part of the Licensed Software. Upgrade is a newer version of the Licensed Software with new features or significant enhancements indicated by a change in the release number of the Licensed Software. 6. "CPU Core" means any actual or virtual (including Hyper Threading) processing part of a Central Processing Unit (CPU) chip minus the cache. The number of the CPU Cores is determined by the number available to the Java Virtual Machine. 7. "License Key" shall mean a text file or symbol string which will enable you to activate the Licensed Software for initial evaluation or for production usage. You may not re-license, reproduce or distribute any License Key except with the express written permission of Licensor. Any change, update or upgrade of the License Key associated with the Licensed Software license does not constitute the granting of a second license. 8. "Intellectual property" or "Intellectual property rights" shall mean: (a) Software (including but not limited to the Licensed Software), Updates, source and binary code, all copyrightable works, all copyrights and related rights, all applications, registrations and renewals in connection therewith, all moral rights and all other works of authorship, including all mask work rights; (b) All Documentation and additional technical information, including, without limitation to all source code comments, all algorithms, ideas, structure, organization, source code and other information related to the Licensed Software; (c) Databases, Database authorship rights and rights over data compilations; (d) Patents and all inventions (whether or not patentable and whether or not reduced to practice), all improvements thereto, and all patents, patent applications, and patent disclosures, together with all reissuances, divisions, continuations, continuations-in-part, revisions, renewals, extensions, and reexaminations thereof, (e) all trade secrets, business and technological know-how, software development methodologies, (f) all registered and unregistered trademarks, service marks, domain names, logos, trade names, and corporate names, together with all translations, adaptations, derivations, and combinations thereof and including all goodwill associated therewith, and all applications, registrations and renewals in connection therewith, (g) all derivative works of any of the foregoing; (h) any other similar rights or intangible assets recognized under any laws or international conventions, and in any country or jurisdiction in the world, as intellectual creations to which rights of ownership accrue, and all registrations, applications, disclosures, renewals, extensions, continuations or reissues of the foregoing now or hereafter in force, and (i) all copies and tangible embodiments of all of the foregoing (a) through (h) in any form or medium throughout the world. Article 2. License Grant 1. Licensor hereby grants to Licensee, for the term of this Agreement (as defined in Article 4), a worldwide, nonexclusive, non-transferable and non-assignable limited right and license to use the type and number of copies of Licensed Software, Documentation and access to web services: (a) for which the applicable license fees and royalties have been paid, (b) for Licensee's own internal use, and (c) in accordance with the licensed number of CPU Cores, the additional purpose specific limitations and the licensed configuration (i) listed in the individual license agreement signed between Licensor and Licensee, or (ii) as per the provided License Key, or (iii) of GraphDB Free. 2. Licensee may make copies of the Licensed Software in machine- readable form for back-up and archival purposes only. All copies of the Licensed Software will be subject to the terms of this Agreement. 3. The Licensee receives the License Grant after full payment of the fees specified in Article 5 and the payment terms and schedule specified in Article 6. Article 3. Uses Not Permitted 1. Except as provided herein, Licensee shall not sublicense, sell, rent, lease, lend, assign, provide as a remote service (software as a service) or time-share any Licensed Software, web services or Documentation. Licensee shall not act as a service bureau or commercial application service provider that allows third-party access to the Licensed Software, web services and Documentation. Licensee shall not use Licensed Software, web services or Documentation for a site or service and operate the site or the service for a profit or generate revenue through direct or indirect methods (e.g., advertising or by charging for access to the site or service). 2. Licensee shall not reverse engineer, decompile, or disassemble Software, web services or Documentation except to the extent that such activity is expressly permitted by applicable law notwithstanding this restriction. Article 4. Term 1. This Agreement shall become effective on the Effective Date and shall expire with the expiry of one (1) year ("Initial Term"), unless such License Term is renewed as per the following paragraph ("Renewal Term") or the Agreement is early terminated as provided in Article 16. 2. The license for the Licensed Software shall automatically renew for subsequent one-year periods, unless terminated with a sixty (60) day notice prior to the expiry of any given license period. Article 5. Fees In consideration for the license rights granted herein, Licensee agrees to pay to Licensor the license fees specified in the individual license agreement signed between Licensor and Licensee. Article 6. Payment terms and payment schedule Licensee agrees to pay to Licensor the fees according to the following terms: 1. All payments due to Licensor shall be made within 30 days as of the day Licensor provides an invoice to Licensee (through email) and in the currency specified in the individual license agreement signed between Licensor and Licensee. 2. Licensor may issue and provide an invoice for all due amounts under this Agreement at any point in time after the Effective Date. 3. All bank and transfer fees shall be covered by the Licensee. 4. Late payments shall incur interest at the rate of 18% (eighteen percent) per annum from the date such payments were originally due. Article 7. Licensor's Obligations and Warranties 1. Beginning upon the receipt of the License fee or if no License fee is due beginning upon the Effective Date, Licensor shall provide Licensee with the Licensed Software as a download from a Licensor's website and will send an email with a License Key file for each copy of the Licensed Software. 2. Licensor represents and warrants that: (a) it has the right and power to grant the licenses granted herein, (b) it has the right to distribute the software specified in Article 11; (c) there are no other agreements with any other party in conflict with such grant and (d) it has no actual knowledge that the Licensed Software infringes any valid rights of any third party. Article 8. Services Not Included 1. For avoidance of any doubt, the provision of the following services is not included in this Agreement and may be subject to separate agreements between the parties: (a) Maintenance (b) Customer Support (c) Custom Software Development (d) Training (e) Hosting (f) Software Installation and Administration (g) Procurement or (h) any other services not explicitly included in the individual license agreement signed between Licensor and Licensee. Article 9. General Terms This Agreement is an absolute prerequisite for conclusion of any other agreement concerning the Licensed Software and shall serve as general terms for each and every contract for the Licensed Software. Article 10. Distribution of Third Party Components 1. Licensor may distribute complementary software products, tools and libraries for use with the Licensed Software. 2. The Third-Party Products and Libraries listed in the "THIRD_PARTY_LICENSES.html" file located in the doc directory of the Licensed Software distribution may be distributed together with the Licensed Software, but are property of and licensed directly from their respective owners. 3. The relevant terms for the licensing of and additional information about Third-Party Products and Libraries is contained in the file described in the previous paragraph. Article 11. Licensee's Obligations 1. Licensee shall fully comply with the marking provisions of the intellectual property laws of the applicable jurisdictions. 2. Licensee shall not use Licensed Software or web services to transfer or exchange any material where such transfer or exchange is prohibited by intellectual property laws or any other applicable laws. 3. Except to the extent that applicable law prohibits this restriction, Licensee shall not make any attempt to circumvent the technological measure(s) that controls access to or use of Licensed Software, web services and Documentation. 4. Licensee shall not redistribute Licensed Software activation License Key(s), registration number/license authorization file(s), developer license file(s), or web services access codes to third parties. 5. Licensee shall not remove or obscure any Licensor or its licensors' patent, copyright, trademark, or proprietary rights notices contained in or affixed to Software, web services or Documentation. 6. Licensee shall not unbundle individual or component parts of Licensed Software or data for independent use. 7. Licensee shall not translate, disassemble, reverse engineer, decompile or otherwise attempt to reconstruct or discover any source code or underlying ideas or algorithms of, or embodied in the Licensed Software. Licensee shall not cause or permit unauthorized copying, reproduction or disclosure of any portion of the Licensed Software, Updates or Upgrades or any instructions, manuals, or other Documentation, or the delivery or distribution of any part of either the Software or the Documentation, to any third person or entity, for any purpose whatsoever, including, but not limited to, transmission, uploading, downloading, leasing, or operating the Licensed Software as a remote service (software as a service), timeshare or service bureau without the prior written consent of Licensor. Article 12. Ownership of Intellectual Property 1. Licensee acknowledges and agrees that Licensor shall retain and own all right, title and interest and all Intellectual Property and Intellectual Property Rights in and to all of the Licensed Software, Documentation, Updates, Upgrades and all copies thereof, and that nothing herein transfers or conveys to Licensee any ownership right, title or interest in or to the Licensor's Intellectual Property to any copy thereof or any license right with respect to same not expressly granted herein. 2. Licensee agrees that it will not, either during or after the termination of this Agreement, contest or challenge the ownership of the intellectual property rights in the Licensor's Intellectual Property. Article 13. Acknowledgement of Intellectual Property Rights 1. Licensee acknowledges that the Licensed Software and any copies that Licensee is authorized by Licensor to make are the intellectual property of and are owned by Ontotext and the explicitly specified third parties. 2. The structure, organization and code of the Licensed Software are the valuable trade secrets and confidential information of Licensor and its suppliers. 3. The Licensed Software is protected by copyright, international treaty provisions and applicable laws in the country in which it is being used. 4. You acknowledge that Licensor retains the ownership of all patents, copyrights, trade secrets, trademarks and other Intellectual property rights pertaining to the Software, and that Licensor's ownership rights extend to any images, photographs, animations, videos, audio, music, text and "applets" incorporated into the Software and all accompanying printed materials. 5. Licensee will take no actions which adversely affect Licensor's intellectual property rights in the Software. Article 14. Trademarks 1. Trademarks shall be used in accordance with accepted trademark practice, including identification of trademark owners' names. Trademarks may only be used to identify printed output produced by the Software, and such use of any trademark does not give you any right of ownership in that trademark. 2. RDF, XHTML, XML and XSL are trademarks (registered in numerous countries) of the World Wide Web Consortium (W3C); marks of the W3C are registered and held by its host institutions, MIT, INRIA and Keio. Except as expressly stated above, this Agreement does not grant you any Intellectual Property Rights in the Software. Notifications of claimed copyright infringement should be sent to Ontotext's copyright agent as further provided on the Ontotext Web Site. Article 15. Taxes due License Fees specified in Article 5 or previously quoted to Licensee are exclusive of any and all taxes or fees, including, but not limited to, sales tax, use tax, value-added tax (VAT), customs, duties, or tariffs, and shipping and handling charges. Article 16. Termination 1. If either party breaches this Agreement, the non-defaulting party may give written notice to the defaulting party of the breach. The defaulting party shall have thirty (30) days from the date of such notice in which to cure the breach. If the default is not cured during the thirty-day period, this Agreement shall automatically terminate at the end of that period. 2. Either party may terminate this Agreement without cause effective as of the end of the Initial Term or any Renewal Term by providing the other with not less than 2 (two) months written notice prior to the end of the Initial Term or such Renewal Term. 3. Licensor may terminate this Agreement at any time and for any reason by providing 2 (two) months written notice to Licensee. 4. Termination of this Agreement shall not limit or restrict any of the remedies otherwise available to the parties hereunder or at law. Article 17. Effects of Termination 1. Upon termination of this Agreement for any reason, all rights and licenses granted to Licensee under this Agreement shall terminate and revert to Licensor. 2. Upon termination of this Agreement for any reason, Licensee shall: (a) immediately return to Licensor all Confidential Information including the copies of Intellectual property, business and technical information, catalogues and literature in its possession, custody or control in whichever form held (including all copies or embodiments thereof); (b) cease using any trademarks, service marks and other designations of Licensor; (c) no longer identify or hold itself out as a user of Licensed Software. Article 18. Survival 1. The following provisions shall survive the termination or expiration of this Agreement for any reason and shall remain in effect after any such termination or expiration: (a) All obligations relating to ownership and protection of Intellectual Property Rights; (b) All obligations relating to royalties and license fee payments; (c) All obligations relating to non-use and nondisclosure of Confidential Information; (d) All obligations relating to indemnification and protection of proprietary rights; (e) All obligations to make payments of amounts that are or become due under this Agreement prior to termination; and (f) All provisions regarding the limitations of warranty, remedy and liability. Article 19. Indemnification 1. Licensee agrees to defend, indemnify and hold Licensor and its officers, directors, agents and employees harmless against all costs, expenses and losses (including reasonable attorney fees and costs) incurred through claims of third parties against Licensor based on the use of the Licensed Software including, but not limited to, actions founded on product liability. 2. Licensor agrees to defend, indemnify and hold Licensee and its officers, directors, agents and employees harmless against all costs, expenses and losses (including reasonable attorney fees and costs) incurred through claims of third parties against Licensee based on a breach by Licensor of any representation or warranty made in this Agreement. 3. Licensor will, at its own expense, defend Licensee in any action, suit or claim ("Claim"), brought before a court anywhere in the European Union and the United States of America, by a third party alleging that one or more of the Licensed Software infringes patent, trademark, trade secret, copyright or any other proprietary rights of such third party anywhere in the European Union and the United States of America. As conditions for such defense and satisfaction by Licensor: (a) Licensee will notify Licensor promptly in writing upon becoming aware of all pending claims and suits; (b) Licensee will give Licensor sole control of the defense and settlement of such suits; (c) Licensee will cooperate fully with Licensor in the defense or settlement of such Claim; and (d) Licensee will not settle the Claim without Licensor's consent, or compromise the defense of such Claim. 4. The indemnity herein does not extend to: (a) any Claim based upon infringement or alleged infringement of any patent, trademark or copyright by the combination of the Licensed Software provided by Licensor with Licensed Product or other products not provided by or approved by Licensor; (b) any Claim related to or in connection with any modification of the Software not created by Licensor. 5. In any such Claim, Licensor will satisfy any final award for infringement against Licensee, but in no event will Licensor liability pursuant to this indemnity clause will exceed the fees paid by Licensee during the past twelve (12) months. 6. The provisions of this Article state the sole and exclusive liability of Licensor exclusive remedy with respect to any claim of the nature described herein. Article 20. Confidential Information 1. "Confidential Information" means all confidential and proprietary information of a party ("Disclosing Party") disclosed to the other party ("Receiving Party"), whether orally or in writing, that is either marked or designated as confidential or is identified in writing as confidential or proprietary within fifteen (15) days of disclosure to the Receiving Party; provided that the following shall be deemed to be Confidential Information even if not so marked or identified: (a) the terms and conditions of this Agreement (including pricing and other terms reflected in all schedules hereto), (b) Intellectual Property Rights, (c) the Disclosing Party's business and marketing plans, (d) technology and technical information, (e) product designs, and business processes, (f) any information or materials with the name, sign, trade name or trademark of the Disclosing Party and (g) any information that a reasonable person would deem confidential or proprietary given the nature of the information and the circumstances under which it is disclosed. 2. "Confidential Information" does not include any item of information which: (a) is or becomes available in the public domain without the fault of the Receiving Party; (b) is disclosed or made available to the Receiving Party by a third party without restriction and without breach of any relationship of confidentiality; (c) is independently developed by the Receiving Party without access to the disclosing party's Confidential Information; or (d) is known to the recipient at the time of disclosure. 3. The Receiving Party shall not disclose or use any Confidential Information of the Disclosing Party for any purpose outside the scope of this Agreement, except with the Disclosing Party's prior written permission; provided that a Receiving Party may disclose any Confidential Information of the Disclosing Party to its employees, attorneys and accountants who have a need to know such Confidential Information for purposes of this Agreement and who are bound to a written agreement protecting such Confidential Information as required hereby. 4. The Receiving Party agrees to protect the confidentiality of the Confidential Information of the Disclosing Party in the same manner that it protects the confidentiality of its own proprietary and confidential information of like kind, but in no event shall either party exercise less than reasonable care in protecting such Confidential Information. 5. If the Receiving Party is compelled by law to disclose Confidential Information of the Disclosing Party, it shall provide the Disclosing Party with prior notice of such compelled disclosure (to the extent legally permitted) and reasonable assistance, at Disclosing Party's cost, if the Disclosing Party wishes to contest the disclosure. 6. If the Receiving Party discloses or uses (or threatens to disclose or use) any Confidential Information of the Disclosing Party in breach of this Article 20, the Disclosing Party shall have the right, in addition to any other remedies available to it, to seek injunctive relief to enjoin such acts, without the necessity of posting bond, it being specifically acknowledged by the parties that any other available remedies are inadequate. 7. Upon the termination of this Agreement for any reason whatsoever, or upon request of a Disclosing Party, the Receiving Party shall return to the Disclosing Party, or shall destroy, as the Disclosing Party shall specify, all copies of all the Disclosing Party's Confidential Information in the Receiving Party's possession. Within five (5) days thereafter, the Receiving Party shall provide the Disclosing Party with a certificate, executed by the Receiving Party or by an officer of the Receiving Party, confirming that all copies of all such Confidential Information have been returned to the Disclosing Party or destroyed, as the case may be. Article 21. Disclaimer of Warranties 1. Limited Warranties. Except as otherwise provided in this Article, Licensor warrants that: (a) the unmodified Software will substantially conform to the published Documentation, and (b) media on which the Software, web services and Documentation are provided will be free from defects in materials and workmanship under normal use and service for a period of 90 days from the date of receipt. 2. Internet Disclaimer. THE PARTIES EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE INTERNET IS A NETWORK OF PRIVATE AND PUBLIC NETWORKS AND THAT: (a) THE INTERNET IS NOT A SECURE INFRASTRUCTURE, (b) THE PARTIES HAVE NO CONTROL OVER THE INTERNET, AND (c) NONE OF THE PARTIES SHALL BE LIABLE FOR DAMAGES UNDER ANY THEORY OF LAW RELATED TO THE DISCONTINUANCE OF OPERATION OF ANY PORTION OF THE INTERNET OR POSSIBLE REGULATION OF THE INTERNET THAT MIGHT RESTRICT OR PROHIBIT THE OPERATION OF THE WEB SERVICE. 3. General Disclaimer. EXCEPT FOR THE ABOVE EXPRESS LIMITED WARRANTIES, ONTOTEXT DISCLAIMS ALL OTHER WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, SYSTEM INTEGRATION, AND NON- INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. LICENSOR DOES NOT WARRANT AND DISCLAIMS THAT SOFTWARE, DATA, WEB SERVICES, OR DOCUMENTATION WILL MEET LICENSEE'S NEEDS; THAT LICENSEE'S OPERATION OF THE SAME WILL BE UNINTERRUPTED, ERROR FREE, FAULT TOLERANT, OR FAIL SAFE; OR THAT ALL NONCONFORMITIES CAN OR WILL BE CORRECTED. SOFTWARE, DATA, WEB SERVICES, AND DOCUMENTATION ARE NOT DESIGNED, MANUFACTURED, OR INTENDED FOR USE IN ENVIRONMENTS OR APPLICATIONS THAT MAY LEAD TO DEATH, PERSONAL INJURY, OR PHYSICAL PROPERTY/ENVIRONMENTAL DAMAGE. ANY SUCH USE SHALL BE AT LICENSEE'S OWN RISK AND COST. 4. Licensee's exclusive remedy and Licensor's entire liability for breach of the limited warranties set forth in this Article shall be limited, at Licensor's sole discretion, to: (a) replacement of any defective media; (b) repair, correction, or a workaround for the Licensed Software; or (c) return of the License fees paid by Licensee for Licensed Software or Documentation that does not meet Licensor's limited warranty, provided that Licensee uninstalls, removes, and destroys all copies of Software or Documentation and executes and delivers evidence of such actions to Licensor or its authorized distributor. Article 22. Limitation of Liabilities 1. In the event that Licensor provides Licensed Software or services to Licensee free of charge, e.g., the provision of the Licensed Software during a trial period or for research, academic or marketing purposes, this shall be on an "as is" basis under exclusion of any warranty obligations and Licensor will only be liable for damages resulting from any intentional or grossly negligent violation of its contractual duties. 2. Disclaimer of Certain Types of Liability. LICENSOR SHALL NOT BE LIABLE TO LICENSEE FOR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOST PROFITS, LOST SALES, OR BUSINESS EXPENDITURES; INVESTMENTS; BUSINESS COMMITMENTS; LOSS OF ANY GOODWILL; OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO THIS LICENSE AGREEMENT OR USE OF SOFTWARE, DATA, WEB SERVICES, OR DOCUMENTATION, HOWEVER CAUSED ON ANY THEORY OF LIABILITY, WHETHER OR NOT LICENSOR OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. 3. General Limitation of Liability. LICENSOR'S TOTAL CUMULATIVE LIABILITY HEREUNDER, FROM ALL CAUSES OF ACTION OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF WARRANTY, MISREPRESENTATION, OR OTHERWISE, SHALL NOT EXCEED THE AMOUNTS PAID BY LICENSEE FOR SOFTWARE, DATA, WEB SERVICES, OR DOCUMENTATION PURSUANT TO THIS LICENSE AGREEMENT FOR THE PERIOD OF THE LAST SIX (6) MONTHS OF THIS AGREEMENT. 4. Applicability of Disclaimers and Limitations. Licensee agrees that the limitations of liability and disclaimers set forth in this License Agreement will apply regardless of whether Licensee has accepted Software, web services, or Documentation or any other product or service delivered by Licensor. The parties agree that Licensor has set its fees and entered into this License Agreement in reliance on the disclaimers and limitations set forth herein, that the same reflect an allocation of risk between the parties, and that the same form an essential basis of the bargain between the parties. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. Article 23. Assignment Licensee is not allowed to assign or transfer any contractual rights or duties to third parties, including any affiliates of Licensee, unless it has obtained the prior written consent of Licensor. Licensor may assign its contractual rights and duties (in whole or in part) to its affiliates and third parties even without the consent of Licensee. Article 24. Individual Agreement, Amendment and Waiver 1. This Agreement shall govern the relationship between Licensor and Licensee to the extent it does not contradict the individual license agreement signed between Licensor and Licensee. The latter shall always prevail over the provisions of this Agreement. 2. This Agreement may be amended unilaterally by the Licensor. Each and every amendment shall take effect within thirty (30) days as of the day the amendments are reflected at the following link: https://graphdb.ontotext.com/LICENSE-GraphDB.txt. 3. No provision of this Agreement may be waived except by a written document executed by the party entitled to the benefits of the provision. 4. No waiver of a provision will be deemed to be or will constitute a waiver of any other provision of this Agreement. A waiver will be effective only in the specific instance and for the purpose for which it was given, and will not constitute a continuing waiver. Article 25. No Benefit to Others 1. There are no intended third party beneficiaries of this Agreement. 2. The representations, warranties, covenants, and agreements contained in this Agreement are for the sole benefit of the parties and their respective successors and permitted assigns, and they are not to be construed as conferring any rights on any other persons. Article 26. Governing Law and Dispute Resolution 1. This Agreement shall be construed in accordance with, and all actions arising hereunder shall be governed by, the laws of the Republic of Bulgaria. Any dispute arising from this Agreement shall be settled by the competent courts of the Republic of Bulgaria. 2. This License Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. Either party shall, at the request of the other, make available documents or witnesses relevant to the major aspects of the dispute. Article 27. Force Majeure Licensor shall not be responsible for failures of its obligations under this Agreement to the extent that such failure is due to causes beyond Licensor's control including, but not limited to, acts of God, war, acts of any government or agency thereof, fire, explosions, epidemics, quarantine restrictions, strikes, delivery services, telecommunication providers, strikes, labor difficulties, lockouts, embargoes, severe weather conditions, delay in transportation, or delay of suppliers or subcontractors. Article 28. Severability If any provision of this Agreement is found to be invalid or unenforceable by any court, such provision shall be ineffective only to the extent that it is in contravention of applicable laws without invalidating the remaining provisions of the Agreement. The invalid or missing provision shall be replaced by such a valid provision that most closely reflects the economic and business intention of the parties at the time the agreement was concluded. Article 29. Headings Headings used in this Agreement are provided for convenience only and shall not be used to construe meaning or intent.