Neither party will be responsible for any failure or delay in its performance under this Agreement due to causes beyond its reasonable control which makes performance commercially impractical, including but not limited to, labor disputes, strikes, lockouts, shortages of or inability to obtain labor, energy, raw materials or supplies, war, riot, or act of God (each, a “Force Majeure Event”).
“Intellectual Property Rights” means a copyright, trademark or patent*, in each case existing under the laws of the United States of America.
*DyKnow currently holds three patents: US 7,003,728 B2, US 7,213,211, and US 7,508,354.
At DyKnow’s sole discretion, the Software shall be made available to Licensee via electronic delivery or on a CD. Shipment terms for all Software, Documentation, or other goods deliverable shipped by DyKnow under shall be F.O.B. DyKnow, Indianapolis, Indiana.