VII
CONSEQUENTIAL OR INCIDENTAL DAMAGES, HOWEVER CAUSED,
WHETHER FOR BREACH OF WARRANTY, BREACH OF CONTRACT,
REPUDIATION OF CONTRACT, TERMINATION, NEGLIGENCE, OR
OTHERWISE, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES.
8. Limitation on Claims. ARBITRATION NOTICE: You agree that
disputes between you and CyberPower will be resolved by
binding, individual arbitration before a single arbitrator agreed
upon by the parties, via arbitration in Scott County, Minnesota,
under rules and procedures agreed with the arbitrator or in the
absence of the same, as if the case was pending in court upon
Minnesota Law, with each party paying one half of the costs and
fees for arbitration, and each party paying their own attorney's
fees. You waive your right to participate in a class action lawsuit or
class-wide arbitration. CyberPower reserves the right to protect
its intellectual property and trade secrets by court action under
applicable law, including by seeking an injunction, which rights
shall not be abridged by this EULA. The parties agree that the that
any breach of your obligations under this EULA will cause
irreparable harm to CyberPower, including by example and not
limitation, loss of ability to protect important trade secrets,
confidential and proprietary information and similar rights;
therefore, CyberPower shall have, in addition to any remedies
available at law, the right to obtain equitable relief to enforce this
EULA.
9. Consent to Use of Data.
A. Diagnostic and Usage Data. If you choose to allow diagnostic and
usage collection, you agree that CyberPower may collect, maintain,
process and use diagnostic, technical, usage and related information,
including but not limited to unique system or hardware identifiers,
information about your computer, system and application software, and
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