Sony COM-2 User Manual
Page 251
COM-2.US.3-213-855-11(1)
1
1
Continued
claims, and expenses, including attorneys’ fees that arise from your use or misuse of the
Software. We reserve the right, at our own expense, to assume the exclusive defense and
control of any matter otherwise subject to indemnification by you, in which event you will
cooperate with us in asserting any available defenses.
19. CHOICE OF LAW AND LOCATION FOR RESOLVING DISPUTES. You agree that
the laws of the Commonwealth of Virginia govern this contract and any claim or dispute
that you may have against us, without regard to Virginia’s conflict of laws rules, and that
the United Nations Convention on Contracts for the International Sale of Goods shall have
no applicability. You further agree that any disputes or claims that you may have against
us will be resolved by a court located in the Commonwealth of Virginia and you agree and
submit to the exercise of personal jurisdiction of such courts for the purpose of litigating
any such claim or action.
PLEASE NOTE THAT BY AGREEING TO THESE TERMS OF USE, YOU ARE:
(1) WAIVING CLAIMS THAT YOU MIGHT OTHERWISE HAVE AGAINST US
BASED ON THE LAWS OF OTHER JURISDICTIONS, INCLUDING YOUR OWN;
(2) IRREVOCABLY CONSENTING TO THE EXCLUSIVE JURISDICTION OF,
AND VENUE IN, STATE OR FEDERAL COURTS IN THE COMMONWEALTH
OF VIRGINIA OVER ANY DISPUTES OR CLAIMS YOU HAVE WITH US; AND
(3) SUBMITTING YOURSELF TO THE PERSONAL JURISDICTION OF COURTS
LOCATED IN THE COMMONWEALTH OF VIRGINIA FOR THE PURPOSE OF
RESOLVING ANY SUCH DISPUTES OR CLAIMS.
20. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between
you and us concerning the subject matter of this Agreement, which may only be modified
by us.
21. GENERAL TERMS. (a) This Agreement shall not be governed by the United Nations
Convention on Contracts for the International Sale of Goods. (b) If any part of this
Agreement is held invalid or unenforceable, that part shall be construed to reflect the
parties’ original intent, and the remaining portions shall remain in full force and effect,
or we may at our option terminate this Agreement. (c) The controlling language of this
Agreement is English. If you have received a translation into another language, it has been
provided for your convenience only. (d) A waiver by either party of any term or condition
of this Agreement or any breach thereof, in any one instance, shall not waive such term or
condition or any subsequent breach thereof. (e) You may not assign or otherwise transfer
by operation of law or otherwise this Agreement or any rights or obligations herein. We
may assign this Agreement to any entity at our sole discretion and without notice to you.
(f) This Agreement shall be binding upon and shall inure to the benefit of the parties,
their successors and permitted assigns. (g) Neither party shall be in default or be liable for
any delay, failure in performance or interruption of service resulting directly or indirectly
from any cause beyond its reasonable control. (h) The Software is provided by AOL LLC
and its distributors (“we” or “us” in this Agreement). (i) The term “you” or “your” in this
Agreement means any individual or entity that uses the Software.
22. USER OUTSIDE THE U.S. If you are using the Software outside the U.S., then the
provisions of this Section shall apply: (i) Les parties aux présentés confirment leur volonté
que cette convention de même que tous les documents y compris tout avis qui s’y rattaché,
soient redigés en langue anglaise. (translation: “The parties confirm that this Agreement
and all related documentation is and will be in the English language.”); (ii) you are
responsible for complying with any local laws in your jurisdiction that might affect your
AOL SOFTWARE END USER AGREEMENT FOR AIM
Table of
Contents
mylo
Widget
Web
RSS/
Podcast
Music
Photo
Video
Camera
Tools
Index
AIM
Skype
Talk
Yahoo!
Messenger