Soma Networks SOMAport 400, User Manual

Page: 9 / 82

C
OPYRIGHT
7
shall be void and void this License. Any notice, report, approval or consent required or permitted
hereunder shall be in writing. If any provision of this Agreement shall be adjudged by any court of
competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to
the minimum extent necessary so this Agreement shall otherwise remain in full force and effect and
enforceable. This Agreement shall be construed pursuant to the laws of the United States of Amer-
ica and the State of California and without regard to conflicts of laws principles thereof. If success-
ful in any action to enforce this Agreement, SOMA shall be entitled to recover costs and expenses
including, without limitation, attorney's fees. The parties agree that a material breach of this Agree-
ment would cause irreparable injury to SOMA, or its suppliers, for which monetary damages would
be an adequate equitable relief and SOMA shall be entitled to any other remedies it may have avail-
able hereunder or at law. Both parties agree that this Agreement is the complete and exclusive
statement of mutual understanding of the parties and supersedes and cancels all previous written
and oral agreements and communications relating to the subject matter of this Agreement. BOTH
YOU AND SOMA AGREE AND ACKNOWLEDGE THAT SOMA RESERVES THE RIGHT TO AMEND
THE TERMS AND CONDITIONS OF THIS AGREEMENT WITHOUT FURTHER NOTICE TO YOU
OTHER THAN PROVIDING TO YOU THE AMENDED TERMS AND CONDITIONS OF THIS AGREE-
MENT. IF YOU DO NOT ACCEPT THE AMENDED TERMS AND CONDITIONS AS PROVIDED TO
YOU BY SOMA, THIS LICENSE SHALL TERMINATE IMMEDIATELY. ALL USE OF THE SOFTWARE
AND ANY SERVICES SUPPORTED BY THE PRODUCT AND SOFTWARE MAY CEASE OR BE
CAUSED TO BE CEASED WITHOUT ANY LIABILITY TO YOU BY SOMA AND YOU SHALL RETURN
ALL PRODUCT HARDWARE, MANUALS, DOCUMENTATION OF ANY KIND ACCOMPANYING
SOFTWARE TO THE PLACE WHERE YOU FIRST OBTAINED SUCH HARDWARE, MANUALS, DOC-
UMENTATION AND SOFTWARE