Wireless Access Point
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6. MISCELLANEOUS
If Customer is a corporation, partnership or similar entity, then the license to the
Software and Documentation that is granted under this Agreement is expressly
conditioned upon and Customer represents and warrants to Licensor that the
person accepting the terms of this Agreement is authorized to bind such entity to
the terms and conditions herein. If any provision of this Agreement is held to be
invalid or unenforceable, it will be enforced to the extent permissible and the
remainder of this Agreement will remain in full force and effect. During the
course of use of the Software, Licensor may collect information on your use
thereof; you hereby authorize Licensor to use such information to improve its
products and services, and to disclose the same to third parties provided it does
not contain any personally identifiable information. The express waiver by either
party of any provision, condition or requirement of this Agreement does not
constitute a waiver of any future obligation to comply with such provision,
condition or requirement. Customer and Licensor are independent parties.
Customer may not export or re-export the Software or Documentation (or other
materials) without appropriate United States, European Union and foreign
government licenses or in violation of the United State's Export Administration
Act or foreign equivalents and Customer shall comply with all national and
international laws governing the Software. This Agreement will be governed by
and construed under the laws of the State of California and the United States as
applied to agreements entered into and to be performed entirely within
California, without regard to conflicts of laws provisions thereof and the parties
expressly exclude the application of the United Nations Convention on Contracts
for the International Sales of Goods and the Uniform Computer Information
Transactions Act (as promulgated by any State) to this Agreement. Suits or
enforcement actions must be brought within, and each party irrevocably commits
to the exclusive jurisdiction of, the state and federal courts located in Ventura
County, California. Customer may not assign this Agreement by operation of law
or otherwise, without the prior written consent of Licensor and any attempted
assignment in violation of the foregoing shall be null and void. This Agreement
cancels and supersedes all prior agreements between the parties. This Agreement
may not be varied except through a document agreed to and signed by both
parties. Any printed terms and conditions contained in any Customer purchase
order or in any Licensor acknowledgment, invoice or other documentation
relating to the Software shall be deemed deleted and of no force or effect and any
additional typed and/or written terms and conditions contained shall be for
administrative purposes only, i.e. to identify the types and quantities of Software
to be supplied, line item prices and total price, delivery schedule, and other
similar ordering data, all in accordance with the provisions of this Agreement.
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