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30 Stilebrook Road, Olney,
Milton Keynes, MK46 5EA, United Kingdom
or such other address of which the Company makes the Customer aware from time to time.
12.2
Any notice given in accordance with Clause 12.1 will be deemed to have been served:
12.2.1 if delivered to or left at the Company’s address, at the time the notice is delivered to or left; or
12.2.2 if delivered by pre-paid first class post or mail delivery service providing proof of delivery, at 9:00am
on the second Business Day after the date of posting.
13.
Assignment
Except as expressly set out in this EULA or as permitted by law, the Customer will not be permitted to assign,
transfer, charge, hold on trust for any person or deal in any other manner with any of its rights under this
EULA without the prior written consent of the Company.
14.
Waiver
A delay in exercising or failure to exercise a right or remedy under or in connection with this EULA will not
constitute a waiver of, or prevent or restrict future exercise of, that or any other right or remedy, nor will the
single or partial exercise of a right or remedy prevent or restrict the further exercise of that or any other right
or remedy.
15.
Severance
If any term of this EULA is found by any court or body or authority of competent jurisdiction to be illegal,
unlawful, void or unenforceable, such term will be deemed to be severed from this EULA and this will not
affect the remainder of this EULA which will continue in full force and effect.
16.
Rights of Third Parties
The parties do not intend that any term of this EULA will be enforceable under the Contracts (Rights of Third
Parties) Act 1999 by any person.
17.
Law
17.1
This EULA (and any non-contractual obligations arising out of or in connection with it) is governed by the laws
of England and Wales and the parties submit to the jurisdiction of the Courts of England and Wales.
Data Protection Laws
17.2
The Customer acknowledges that for the purposes of the Data Protection Laws, to the extent any Personal
Data is involved in its use of the Hardware and Embedded Software, the Customer will be the Data Controller
in respect of such Personal Data.
17.3
In limited circumstances, the Company may have access to data stored on the Hardware which may include
user names or other Personal Data relating to the Customer’s employees or authorized users (“Agreement
Personal Data”) where such access is required in order to provide support under the Warranty or any
hardware maintenance agreement entered into by the Customer and the Company. The Customer authorises
the Company to Process Agreement Personal Data during the term of this EULA as a Data Processor for the
purposes of performing its obligations under this EULA only.
17.4
The Customer authorises the Company to appoint sub-processors of Agreement Personal Data and agrees to
the use of the Company’s existing sub-processors of Agreement Personal Data (each an “Authorised Sub-
Processor”).
17.5
The Customer shall:
17.5.1 comply with the Data Protection Laws;
17.5.2 ensure that only the Personal Data that the Company requires in order to perform its obligations
under this EULA will be disclosed to, shared with and/or accessible by the Company; and
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