O P E R A T I N G M A N U A L
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Intellectual Property
All rights, title, interest, and copyrights in and to the Software, including but not limited to all images, photographs,
animations, video, audio, music, text, data, computer code, algorithms, and information, are owned by Company. The
Software is protected by all applicable copyright laws and international treaties. Therefore, Licensee is required to treat
Software like any other copyrighted material, except as otherwise provided for in this EULA.
A.
Infringement Acknowledgment.
The user and CoachComm acknowledge and agree that, in the event of a third
party claim that X-Ware or the user’s possession or use of X-Ware infringes any third party’s intellectual property
rights, the user (and not CoachComm) will be responsible for the investigation, defense, settlement, and discharge
of any such claim of intellectual property infringement. You will, however, promptly notify CoachComm in writing of
such a claim.
Modifications to X-Ware
CoachComm reserves the right to modify, suspend, or discontinue, temporarily or permanently, X-Ware or any service to
which it connects, with or without notice and without liability to the user.
Termination
CoachComm may, in its sole and absolute discretion, at any time and for any reason, suspend or terminate this License and
the rights afforded to the user hereunder with or without prior notice. Furthermore, if the user fails to comply with the terms
and conditions of this License, then this License and any rights afforded to the user hereunder shall terminate automatically,
without any notice or other action by CoachComm. Upon termination of this License, the user shall cease all use of X-Ware
and uninstall X-Ware.
Integration
Both parties agree that this EULA is the complete and exclusive statement of the mutual understanding of the parties and
supersedes and cancels all previous written and oral agreements and communications relating to the subject matter of this
EULA.
Jurisdiction
This EULA shall be deemed to have been made in, and shall be construed pursuant to the laws of the State of Alabama,
without regard to conflicts of laws provisions thereof. Any legal action or proceeding relating to this EULA shall be brought
exclusively in courts located in Auburn, Alabama, and each party consents to the jurisdiction thereof. The prevailing party
in any action to enforce this EULA shall be entitled to recover costs and expenses including, without limitation, attorneys’
fees. This EULA is made within the exclusive jurisdiction of the United States, and its jurisdiction shall supersede any other
jurisdiction of either party’s election.
Non-Transferable
This EULA is not assignable or transferable by Licensee without the prior written consent of Company; any attempt to do so
shall be void. Any notice, report, approval or consent required or permitted hereunder shall be in writing and will be deemed
to have been duly given if delivered personally or mailed by first-class, registered or certified mail, postage prepaid to the
respective addresses of the parties as set forth herein (or such other address as a party may designate by ten (10) days’
notice.
