Clear-Com Eclipse HX series, Руководство пользователя

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Eclipse | Upgrade Guide
Page 230
limitation of liability, and governing law will survive the termination of this
Agreement for any reason.
14) Miscellaneous. You acknowledge that any breach, threatened or actual, of this
Agreement will cause irreparable injury to Clear-Com, such injury would not be
quantifiable in monetary damages, and Clear-Com would not have an adequate
remedy at law. You therefore agree that Clear-Com shall be entitled, in addition
to other available remedies, to seek and be awarded an injunction or other
appropriate equitable relief from a court of competent jurisdiction restraining
any breach, threatened or actual, of your obligations under any provision of this
Agreement. Accordingly, you hereby waive any requirement that Clear-Com
post any bond or other security in the event any injunctive or equitable relief is
sought by or awarded to Clear-Com to enforce any provision of this Agreement.
The parties agree that this Agreement is for the benefit of the parties hereto as
well as Clear-Com's licensors. Accordingly, this Agreement is personal to you,
and you may not assign your rights or obligations to any other person or entity
without Clear-Com's prior written consent. Failure by Clear-Com to insist on
strict performance of any of the terms and conditions of this Agreement will not
operate as a waiver by Clear-Com of that or any subsequent default or failure of
performance. If any provision (or part thereof) contained in this Agreement is
determined to be void, invalid, or otherwise unenforceable by a court of
competent jurisdiction or on account of a conflict with an applicable government
regulation, such determination shall not affect the remaining provisions (or parts
thereof) contained herein and the illegal, invalid, or unenforceable clause shall
be modified in compliance with applicable law in a manner that most closely
matches the intent of the original language. No joint venture, partnership,
employment, or agency relationship exists between you and Clear-Com as a
result of this Agreement or your utilization of the Software. Headings herein are
for convenience only. This Agreement represents the entire agreement between
you and Clear-Com with respect to use of the Software, and it supersedes all
prior or contemporaneous communications and proposals, whether electronic,
oral, or written between you and Clear-Com with respect to the Software.