DynaVox Series 5, User Manual

Page: 165 / 166

Series 5 v1.07 - User’s Guide 159
Part # 401125-A
External Resources
BREACH OR A BREACH OF THE FUNDAMENTAL OR MATERIAL TERMS OF THIS AGREEMENT.
E.INDEMNIFICATION
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD DYNAVOX, ITS PARENT, SUBSIDIARY, AND AFFILIATED
ENTITIES, AND THE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SUPPLIERS OF EACH OF
THEM HARMLESS FROM AND AGAINST ANY AND ALL LIABILITY AND EXPENSES, COSTS, INCLUDING
REASONABLE ATTORNEY FEES INCURRED BY SUCH PARTIES, IN CONNECTION WITH OR ARISING OUT OF
YOUR (1) VIOLATION OR BREACH OF ANY TERM OF THIS AGREEMENT OR ANY APPLICABLE LAW OR
REGULATION, WHETHER OR NOT REFERENCED IN THIS AGREEMENT, OR (2) VIOLATION OF ANY RIGHT OF
ANY THIRD PARTY, OR (3) USE OR MISUSE OF THE SOFTWARE.
The provisions of this section shall survive the termination of the Agreement, howsoever caused, but this shall not
imply nor create any continued right to Use the Software after termination of the Agreement.
SECTION 11 - ADDITIONAL PROVISIONS
You may not undertake, cause, permit or authorize the modification, creation of derivative works, translation, reverse
engineering, decompiling, or disassembly or hacking of the Software or any part thereof. If you have a license to the
Software you may transfer the Software in connection with your sale of the Device purchased herewith, solely on a
permanent basis, as long as you retain no copies of the Software and the recipient agrees to the terms of this
Agreement. Any transfer of the Software must include all updates and prior versions.
You agree that DynaVox and its affiliates may collect and use technical information gathered as part of the product
support services provided to You, if any, related to the Software or the Device. DynaVox may use this information
solely to improve our products or to provide customized services or technologies to You and will not disclose this
information in a form that personally identifies You.
SECTION 12. - BINDING ARBITRATION
By Using the Software, You agree with DynaVox that, except as set forth below under "Exceptions to Arbitration," any
claim, dispute or controversy ("Claim") by either You or DynaVox against the other, whether related to the Software or
otherwise, including the enforceability of this arbitration agreement, will be resolved by binding arbitration. This
arbitration agreement is subject to the Federal Arbitration Act (9 U.S.C. §§ 1-16).
IN ABSENCE OF THIS ARBITRATION AGREEMENT, YOU AND WE MAY OTHERWISE HAVE HAD A RIGHT OR
OPPORTUNITY TO LITIGATE CLAIMS THROUGH A COURT, AND/OR TO PARTICIPATE OR BE REPRESENTED
IN COURT BY OTHERS, BUT ALL CLAIMS EXCEPT AS SET FORTH BELOW UNDER "EXCEPTIONS TO
ARBITRATION," MUST NOW BE RESOLVED THROUGH ARBITRATION.
The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American
Arbitration Association ("AAA") and, where appropriate, the AAA's Supplementary Procedures for Consumer Related
Disputes ("AAA Consumer Rules"), both of which are available at the AAA website www.adr.org. The determination of
whether a Dispute is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court
rather than an arbitrator. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA
Rules and, where appropriate, limited by the AAA Consumer Rules. The arbitration may be conducted in person,
through the submission of documents, by telephone or online. The arbitrator will make a decision in writing, but need
not provide a statement of reasons unless requested by a party. The arbitrator must follow applicable law, and any
award may be challenged if the arbitrator fails to do so. Except as otherwise provided in this Agreement, You and
DynaVox may litigate in court to compel arbitration, stay proceeding pending arbitration, or to confirm, modify, vacate
or enter judgment on the award entered by the arbitrator.
Restrictions. You and DynaVox agree that any arbitration shall be limited to the Dispute between DynaVox and You
individually. To the full extent permitted by law, (1) no arbitration shall be joined with any other; (2) there is no right or
authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (3) there is
no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general
public or any other persons.
Exceptions to Arbitration. You and DynaVox agree that the following Disputes are not subject to the above provisions
concerning binding arbitration: (1) any Disputes seeking to enforce or protect, or concerning the validity of, any of Your
or DynaVoxs intellectual property rights; (2) any Dispute related to, or arising from, allegations of theft, piracy, invasion
of privacy or unauthorized use; and (3) any claim for injunctive relief.
SECTION 13. - ENFORCEABILITY
If any part of this Agreement is found void and/or unenforceable, it will not affect the validity of the balance of this
Agreement, which shall remain valid and enforceable according to its terms. This Agreement shall not prejudice the
statutory rights of any party dealing as a consumer. This Agreement may only be modified by a written document
signed by an authorized officer of DynaVox. Updates may be licensed to You by DynaVox with additional or different