Samsung A727 - SGH Cell Phone 28 MB User Manual download pdf (Page 201)

CELLDEK® SOFTWARE LICENSE

CellDEK® User Manual 201

applicable manuals, documentation, and instructions. You shall indemnify and hold

Licensor harmless from and against all claims, damages, losses, judgments, fees, expenses

and costs, including attorneys’ fees, arising out of or resulting from Your acts, negligence

or failure to comply with this or any other provision of this Agreement.

9. Delay in Performance. Neither party shall be liable for failure or delay in the performance

of any of its obligations under this Agreement, except obligations for the payment of money, if

such delay or failure is caused by circumstances of force majeure that are beyond the control

of the party affected. Notwithstanding the foregoing, in the event that any delay or failure

identified in this Section 9 continues for sixty (60) consecutive days, the party adversely

affected by such delay may cancel this Agreement and the License granted hereunder upon

written notice to the other party.

10. Term. This Agreement, unless terminated pursuant to other applicable provisions hereof,

shall commence on the date the Software is purchased and shall be perpetual, unless

terminated in accordance with this Agreement.

11. Miscellaneous.

(a) This Agreement shall be governed by and interpreted in accordance with the substantive

(and not conflicts) laws of California. Other than for collection and equitable actions against

You, to the extent legal actions are commenced by or name Licensor, each party hereto:

(i) submits to the exclusive general jurisdiction of the State and Federal Courts in the State

of Ohio, and any appellate courts from any decision thereof, in any legal action or

proceeding relating to this Agreement; (ii) consents that any such action or proceeding may

be brought in such courts; and (iii) waives any objection that he, she or it may have to the

venue of any such action or proceeding in any such court or that such action or proceeding

was brought in an inconvenient court and agrees not to plead or claim the same. Any action

arising hereunder or related in any way hereto against Licensor shall be brought within one

(1) year after the occurrence giving rise to the claim or be barred forever. If any provision or

portion of this Agreement is held by a court of competent jurisdiction to be invalid, void, or

unenforceable, the remaining provisions or portions of this Agreement shall remain in full

force and effect and shall in no way be affected, impaired or invalidated. IT IS EXPRESSLY

UNDERSTOOD AND AGREED THAT EACH AND EVERY PROVISION OF THIS

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Samsung A727 - SGH Cell Phone 28 MB User Manual Page 201