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License Agreement 37 rendered inoperative but the remaining provisions shall continue in full force and effect. 9. ENTIRE AGREEMENT. This Agreement is the entire agreement between AAS and the Licensee relating to the Software and: (i) supersedes all prior or contemporaneous oral or written communications, proposals and representations with respect to its subject matter; and (ii) prevails over any conflicting or additional terms of any quote, order, acknowledgement, or similar communication between the parties during the term of this Agreement except as otherwise expressly agreed by the parties. No modification to the Agreement will be binding, unless in writing and signed by a duly authorized representative of each party. 10. NON-WAIVER. No delay or failure to take any action or exercise any rights under this Agreement shall constitute a waiver or consent unless expressly waived or consented to in writing by a duly authorized representative of AAS. A waiver of any event does not apply to any other event, even if in relation to the same subject-matter.