Hughes Network DirecWay DW4020, User Manual

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instituted within one year after the claim or cause of action has
arisen or be barred. The United Nations Convention on Contracts
for the International Sale of Goods does not apply to this
Agreement and it is acknowledged that this is a services contract
and not a contract for the sale of goods. Subscriber agrees that
this Agreement is set forth in the English language for the mutual
convenience and benefit of the parties.
18. CONSTRUCTION AND DELEGATION
Neither the course of conduct between parties nor trade practice
shall act to modify the provisions of this Agreement. HNS may
authorize or allow its contractors and other third parties to
provide to HNS and/or to Subscriber services necessary or related
to making the Service available and to perform obligations and
exercise rights of HNS under this Agreement, and may collect
payment on their behalf, if applicable. The provisions of Sections
7, 8, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, and 20 and all other
provisions hereof which by their nature should continue, shall
survive any termination of this Agreement.
19. MISCELLANEOUS
Where notification by HNS is contemplated by or related to this
Agreement, notice may be made by any reasonable means,
including, but not limited to, email or publication over the
Service. If any term of this Agreement is found by a court of
competent jurisdiction to be invalid, illegal or unenforceable, it
shall be construed in such a way as to eliminate the offending
aspects while still giving as much effect as possible to the
intentions of such term. If this cannot be done and the entire term
is invalid, illegal or unenforceable and cannot be so repaired, then
the term shall be considered to be stricken from this Agreement
as if it had not been included from the beginning. In any such
case, the balance of this Agreement shall remain in effect in
accordance with its remaining terms notwithstanding such
invalid, illegal or unenforceable term. HNS may enforce or
decline to enforce any or all of the terms of this Agreement in its
sole discretion. In no event shall HNS be required to explain,
comment on, suffer liability for or forfeit any right or discretion
based on its enforcement, non-enforcement or consistency of
enforcement of these terms. Captions used in this document are