SMSEagle NXS-9700-3G User Manual Download Page 14

Page: 14 / 229

| SMSEagle NXS-9700

| User’s Manual

8.01

DATA COLLECTION STATEMENT

PROXIMUS does NOT collect ANY data you are working with

when You use SMSEagle device. We could not see or collect any data saved on SMSEagle device,
because we do not have any access to Your device.

8.02

GDPR

. For your rights according to European Union General Data Protection Regulation (GDPR)

see Privacy Policy available under this website: https://www.smseagle.eu/privacy-policy/

MISCELLANEOUS

9.01

SUCCESSORS AND ASSIGNS

. This EULA, in its entirety, shall be legally binding upon and inure to

the benefit of PROXIMUS and You, our respective successors and permitted assigns.

9.02

SEVERABILITY

. If any provision of this Agreement is held to be illegal, invalid or unenforceable by

a tribunal of competent jurisdiction, the remaining provisions shall not be affected.

9.03

WAIVER

. If there is any waiver of any breach or failure to enforce any of the provisions contained

herein, it shall not be deemed as a future waiver of said terms or a waiver of any other provision
of this EULA.

9.04

AMENDMENTS

. Any waiver, supplementation, modification or amendment to any provision of this

EULA, shall be effective only when done so in writing and signed off by PROXIMUS.

9.05

GOVERNING LAW

. In matters not regulated herein the provisions of the Polish Civil Code shall apply

and provisions of Polish Copyright Act, 4

February 1994 (Journal of Laws 1994, No. 24, item 83).

This Agreement shall be governed in all respects by the laws of the Republic of Poland.

9.06

DISPUTE RESOLUTION

. All disputes arising from the present Agreement and/or in connection with

it shall be finally decided with the Arbitration Court attached to the Czech Chamber of Commerce
and the Agricultural Chamber of the Czech Republic according to its Rules by one arbitrator
appointed by the President of the Arbitration Court.

9.07

ASSIGNMENTS

. You may not transfer the SMSEagle device on which SMSEagle Software is

installed unless the transferee agrees to the terms of this Agreement.

9.08

VALID AND BINDING

. This Agreement constitutes a valid and legally binding obligation of the

Parties, enforceable against the Parties in accordance with its terms, subject in all respects to the
effects of bankruptcy, insolvency, fraudulent conveyance, reorganization, moratorium and other
laws relating to or affecting creditors' rights generally and general equitable principles.

9.09

EFFECT OF TITLE AND HEADINGS

. The title of the Agreement and the headings of Sections, and

Clauses are included for convenience and shall not affect the meaning of the Agreement or the
Section.

9.10

FORCE MAJEURE

. Except for payment obligations, if either Party is prevented from performing or

is unable to perform any of its obligations under this Agreement due to causes beyond the
reasonable control of the Party invoking this provision, including but not limited to acts of God,