not allow the exclusion of implied warranties so the above exclusion may not apply to you. You may have other rights that vary from jurisdiction to jurisdiction.
THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SOFTWARE IS ASSUMED BY YOU. TELEDEX SHALL NOT HAVE ANY LIABILITY TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES WHATSOEVER INCLUDING BUT NOT LIMITED TO LOSS OF REVENUE, PROFIT OR OPPORTUNITY, LOST OR DAMAGED DATA OR OTHER COMMERCIAL OR ECONOMIC LOSS EVEN IF YOU HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. OUR MAXIMUM AGGREGATE LIABILITY TO YOU FOR DIRECT DAMAGES SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR THE SOFTWARE. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
10.TERM. This EULA is effective until terminated. You may terminate the EULA at any time by returning or destroying all copies of the SOFTWARE and related documentation. Your rights under this EULA will terminate automatically if you fail to comply with any term or condition of the EULA. You agree that upon such termination, you will return or destroy all copies of the SOFTWARE and related documentation. The provisions of this EULA shall survive termination.
11.GENERAL.
A)Governing Law. You agree that this EULA is governed by the laws of the State of California, without reference to conflicts of law principles or the United Nations Convention on Contracts for the international Sale of Goods. The sole jurisdiction and venue for actions related to the subject matter of this Agreement shall be California. Both parties consent to the jurisdiction of such courts and agree that process may be served in the manner provided in this Agreement for giving notices or otherwise as allowed by California state or U.S federal law. In any action to enforce this Agreement, the prevailing party shall be entitled to costs and attorneys' fees.
B)Severability. If any provision of this EULA is held to be invalid, illegal or unenforceable, it shall be severed and the remaining provisions shall continue in full force and effect.
C)Inspection. TELEDEX shall have the right, at its own expense and upon reasonable written notice to you, to periodically inspect your premises and such documents as TELEDEX may reasonably require, for the exclusive purpose of verifying your compliance with your obligations under this EULA.
D)Confidentiality. Except as expressly allowed by this EULA, you will not use or disclose any SOFTWARE or related technology, idea, algorithm or information except to the extent you can document that it is generally available for use and disclosure by the public without charge or license. You recognize and agree that there is no adequate remedy at law for a breach of this section, that such a breach would irreparably harm TELEDEX and that TELEDEX is entitled to equitable relief (without need to post a bond) with respect to any such breach or potential breach in addition to any other remedies.
E)Information gathering. You agree that from time to time, TELEDEX may gather
Copyright 2008 Teledex LLC. All Rights Reserved. Information and specifications subject to change without notice.
