Xirrus Wi-Fi Array XN16, User Manual

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6. Miscellaneous
If Customer is a corporation, partnership or similar entity, then the license to
the Software and Documentation that is granted under this Agreement is
expressly conditioned upon and Customer represents and warrants to
Licensor that the person accepting the terms of this Agreement is authorized
to bind such entity to the terms and conditions herein. If any provision of this
Agreement is held to be invalid or unenforceable, it will be enforced to the
extent permissible and the remainder of this Agreement will remain in full
force and effect. During the course of use of the Software, Licensor may
collect information on your use thereof; you hereby authorize Licensor to use
such information to improve its products and services, and to disclose the
same to third parties provided it does not contain any personally identifiable
information. The express waiver by either party of any provision, condition
or requirement of this Agreement does not constitute a waiver of any future
obligation to comply with such provision, condition or requirement.
Customer and Licensor are independent parties. Customer may not export or
re-export the Software or Documentation (or other materials) without
appropriate United States, European Union and foreign government licenses
or in violation of the United State's Export Administration Act or foreign
equivalents and Customer shall comply with all national and international
laws governing the Software. This Agreement will be governed by and
construed under the laws of the State of California and the United States as
applied to agreements entered into and to be performed entirely within
California, without regard to conflicts of laws provisions thereof and the
parties expressly exclude the application of the United Nations Convention
on Contracts for the International Sales of Goods and the Uniform Computer
Information Transactions Act (as promulgated by any State) to this
Agreement. Suits or enforcement actions must be brought within, and each
party irrevocably commits to the exclusive jurisdiction of, the state and
federal courts located in Ventura County, California. Customer may not
assign this Agreement by operation of law or otherwise, without the prior
written consent of Licensor and any attempted assignment in violation of the
foregoing shall be null and void. This Agreement cancels and supersedes all
prior agreements between the parties. This Agreement may not be varied
except through a document agreed to and signed by both parties. Any printed
terms and conditions contained in any Customer purchase order or in any
Licensor acknowledgment, invoice or other documentation relating to the
Software shall be deemed deleted and of no force or effect and any additional
typed and/or written terms and conditions contained shall be for
administrative purposes only, i.e. to identify the types and quantities of
Software to be supplied, line item prices and total price, delivery schedule,
and other similar ordering data, all in accordance with the provisions of this
Agreement.