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ENGLISH
9. General.
9.1 Waiver. No waiver of any violation or nonperformance of this Agreement in one instance shall be deemed
to be a waiver of any subsequent violation or nonperformance. All waivers must be in writing.
9.2 Severability. If any term or provision of this Agreement is to any extent held invalid, illegal, or unenforceable
by any court of competent jurisdiction, the remainder of this Agreement shall not be affected thereby, and each
term and provision of this Agreement shall be valid and enforced to the fullest extent permitted by law.
9.3 Notice. Any notice or report hereunder shall be deemed given if delivered or sent by first-class mail,
postage prepaid, addressed to the other party at that party’s current address, or at such other address as
designated by the party by written notice. If notice is given by mail and the notice affects other parties’ rights
hereunder, the effective date of the notice shall be seven (7) days after the date of mailing or the date the
notice is received, whichever is earlier.
9.4 Applicable Law; Disputes. This Agreement shall be governed by and construed in accordance with the
laws of the state of Utah without regard to the Utah conflict-of- laws principles. The parties expressly disclaim
the United Nations Convention on Contracts for the International Sale of Goods, and the provisions thereof
will not govern this Agreement. The parties agree that any claim asserted in any legal proceeding by one party
against the other shall be commenced and maintained exclusively in state or federal court located within Salt
Lake County, Utah. Both parties hereby submit to the jurisdiction of such courts over each of them personally
in connection with such litigation, and waive any objection to venue in such courts and any claim that such
forum is an inconvenient forum.
9.5 Injunctive and Other Equitable Relief. You agree that the remedy at law for any breach or threatened
breach of this Agreement by you would, by its nature, be inadequate, and that in such case Owner shall be
entitled, in addition to damages, to a restraining order, temporary and permanent injunctive relief, specific
performance, and other appropriate equitable relief, without showing or providing that any monetary damage
has been sustained.
9.6 Entire Agreement. This Agreement and Owner’s Statement of Limited Warranty are the entire agreement
between the parties with respect to the subject matter hereof. It supersedes all prior or contemporaneous
agreements, understandings, or representations with respect to the Licensed Products. This Agreement may
not be modified or amended except in writing signed by both parties. Any preprinted terms on your purchase
order are expressly rejected by Owner and shall be given no force or effect.
YOU HEREBY ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT AND
AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.
END USER LICENSE AGREEMENT
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