Eclipse
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Upgrade Guide
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9.3 You agree to waive any right to a jury trial in connection with any
action or litigation in any way arising out of or related to this Agreement
and acknowledge that either party may seek attorney's fees in any
proceeding. Any claim you might have against Clear-Com must be
brought within two (2) years after the cause of action arises, or such
claim or cause of action will be barred. You also acknowledge and agree
that any applicable state law implementation of the Uniform Computer
Information Transactions Act (including any available remedies or laws)
shall not apply to this Agreement and is hereby disclaimed.
9.4 Clear-Com makes no representation that the Software is
appropriate or available for use in locations outside the State of
California or the EMEA and access to or use of the Software from states,
territories, or nations where any aspect of the Software is illegal is
prohibited. You access or use the Software on your own volition and are
responsible for compliance with all applicable local laws with respect to
your access and use of the Software.
9.5 A printed version of this Agreement and of any related notice given
in electronic form shall be admissible in judicial or administrative
proceedings based upon or relating to this Agreement to the same extent
and subject to the same conditions as other business documents and
records originally generated and maintained in printed form.
9.6 Clear-Com has no obligation to provide free updates to or upgrades
of the Software or to provide support of any kind with respect to the
Software.
9.7 If you are acquiring the Software for an agency of the United States
Government, the provisions of Federal Acquisition Regulations Section
12.212 or Department of Defense FAR Supplement Section 227.7202-3,
as applicable, apply to such acquisition.
13)
Term and Termination. This Agreement and your right to use the Software will
take effect at the moment you click "I ACCEPT" or you install, access, or use the
Software and is effective until terminated as set forth below. This Agreement
will terminate automatically if you click "I REJECT." In addition, Clear-Com
reserves the right at any time and on reasonable grounds, which shall include,
without limitation, any reasonable belief of fraudulent or unlawful activity or
actions or omissions that violate any term or condition of this Agreement, to
deny your access to the Software or to any portion thereof in order to protect its
name and goodwill, its business, or other authorized users, and this Agreement
will also terminate automatically if you fail to comply with this Agreement,
subject to the survival rights of certain provisions identified below. Termination
will be effective without notice. You may also terminate this Agreement at any
time by ceasing to use the Software, but all applicable provisions of this
Agreement will survive termination, as identified below. Upon termination, you
must destroy all copies of any aspect of the Software in your possession. In
addition to the miscellaneous section below, the provisions concerning Clear-
Com’s proprietary rights, feedback, indemnity, disclaimers of warranty,
