Clear-Com HX System Frames - Manual (Page 17)

8) Indemnity. You agree to protect, defend, indemnify, and hold harmless Clear-
Com and its affiliates and all of their respective employees, agents, directors,
officers, shareholders, attorneys, successors, and assigns from and against any
and all claims, proceedings, damages, injuries, liabilities, losses, costs, and
expenses (including reasonable attorneys’ fees and litigation expenses) relating to
or arising from any breach by you of this Agreement.
9) Legal Matters.
9.1 If you are resident or domiciled anywhere other than Europe, the Middle
East or Africa, this Agreement will be construed and enforced solely in
accordance with the laws of the State of California, U.S.A., and courts in
California shall have exclusive subject matter jurisdiction, personal jurisdiction,
and venue to adjudicate any dispute arising out of this Agreement.
9.2 If you are resident or domiciled in Europe, the Middle East or Africa (the
“EMEA”), this Agreement will be construed and enforced solely in accordance
with English law and English Courts shall have exclusive subject matter
jurisdiction, personal jurisdiction and venue to adjudicate any dispute arising out
of this Agreement.
9.3 You agree to waive any right to a jury trial in connection with any action or
litigation in any way arising out of or related to this Agreement and acknowledge
that either party may seek attorney's fees in any proceeding. Any claim you might
have against Clear-Com must be brought within two (2) years after the cause of
action arises, or such claim or cause of action will be barred. You also
acknowledge and agree that any applicable state law implementation of the
Uniform Computer Information Transactions Act (including any available remedies
or laws) shall not apply to this Agreement and is hereby disclaimed.
9.4 Clear-Com makes no representation that the Software is appropriate or
available for use in locations outside the State of California or the EMEA and
access to or use of the Software from states, territories, or nations where any
aspect of the Software is illegal is prohibited. You access or use the Software on
your own volition and are responsible for compliance with all applicable local laws
with respect to your access and use of the Software.
9.5 A printed version of this Agreement and of any related notice given in
electronic form shall be admissible in judicial or administrative proceedings based
upon or relating to this Agreement to the same extent and subject to the same
conditions as other business documents and records originally generated and
maintained in printed form.
9.6 Clear-Com has no obligation to provide free updates to or upgrades of the
Software or to provide support of any kind with respect to the Software.
9.7 If you are acquiring the Software for an agency of the United States
Government, the provisions of Federal Acquisition Regulations Section 12.212 or
Department of Defense FAR Supplement Section 227.7202-3, as applicable,
apply to such acquisition.
10) Term and Termination. This Agreement and your right to use the Software will
take effect at the moment you click "I ACCEPT" or you install, access, or use the
Software and is effective until terminated as set forth below. This Agreement will
terminate automatically if you click "I REJECT." In addition, Clear-Com reserves
the right at any time and on reasonable grounds, which shall include, without
limitation, any reasonable belief of fraudulent or unlawful activity or actions or
omissions that violate any term or condition of this Agreement, to deny your
17 Eclipse EHX Software User Guide