D-1Any dispute relating to the interpretation or performance of this License shall be resolved at the request of either party through binding arbitration. Arbitration shall be conducted in accordance with the then-existing rules of the American Arbitration Association. Judgment upon any award by the arbitrators may be entered into the court having jurisdiction. The parties intend that this agreement to arbitrate be irrevocable.
D-2No modification, addition to, or waiver of any right, obligation or default shall be effective unless in writing and signed by the Party against whom such is sought to be enforced. One or more waivers of any right, obligation or default shall not be construed as a waiver of any subsequent right, obligation or default.
D-3Any lawsuit, litigation or arbitration concerning this License shall be initiated within the jurisdiction of, and in accordance with the laws of, the State of Vermont.
D-4If any Party to this License is required to engage in any proceeding, legal or otherwise, to enforce its rights under this License, the prevailing Party shall be entitled to recover from the Party in default, in addition to any awards of sums due, the reasonable attorney fees, court costs, and necessary expenses incurred in said proceedings.
D-5Shall any of the provisions of this License be found to be invalid by any court of competent jurisdiction, the remainder of this License shall nonetheless remain in full force and effect.
D-6This License supersedes all prior agreements and understandings, oral or written, between VCS and you as Licensee relating to the Program Materials, and is intended as the complete and exclusive statement of the License Agreement.
D-7This License shall be binding upon and inure to the benefit of the successors and assigns of the parties.
