Samsung A727 - SGH Cell Phone 28 MB User Manual download pdf (Page 202)

CELLDEK® SOFTWARE LICENSE

CellDEK® User Manual 202

AGREEMENT THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF

WARRANTIES OR EXCLUSION OF DAMAGES, IS INTENDED BY THE PARTIES TO BE

SEVERABLE AND INDEPENDENT OF ANY OTHER PROVISION AND TO BE ENFORCED

AS SUCH. You hereby waive any governmental immunity, if applicable, to any and all

causes of action arising hereunder or related hereto. All notices required to be given

hereunder shall be in writing. Notices shall be considered delivered and effective upon

receipt when sent by registered or certified mail, postage pre-paid, return receipt requested,

addressed to the parties as set forth above or by telecopy with proof of transmission. Either

party, upon written notice to the other, many change the address to which future notices shall

be sent.(b) It is expressly declared that this Agreement and the relationship between the

parties hereby established do not constitute a partnership, joint venture or agency

arrangement between them.

All amounts payable hereunder are exclusive of all freight, insurance and all federal, state,

local, municipal or other excise, sales, use, property or similar taxes, duties, import charges

and fees, now in force or enacted in the future, and all such amounts shall be paid by You,

unless You provides a certificate of exemption or similar document exempting a payment

from an applicable tax.

any modification thereof or Confidential Information in a manner contrary to the terms of this

Agreement or in derogation of Licensor’s rights, whether those rights are explicitly stated,

determined by law, or otherwise, Licensor shall have the right, in addition to any other legal

remedies available, to injunctive relief enjoining such acts without the posting of bond, it

being acknowledged by You that all other remedies are inadequate.

(d) This Agreement contains the entire agreement of the parties with respect to the subject

matter hereof, and supersedes and terminates any and all correspondence, proposals, RFPs,

Your purchase order, terms or agreements or contracts, written or oral, entered into between

the parties relating to the subject matter hereof, and any representation, promise, or condition

in connection herewith not in writing shall not be binding upon either party. Neither the title

of this Agreement nor the Section headings shall have any bearing whatsoever on any

interpretation hereof. None of the provisions of this Agreement shall be deemed to have

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Samsung A727 - SGH Cell Phone 28 MB User Manual Page 202