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Technical Support & Warranty
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subject to indemnification by you, in which event you will cooperate with HGST in asserting any
available defenses.
12. TERMINATION
Without prejudice to any other HGST rights, HGST shall have the right to immediately terminate
this Agreement with or without notice to you if HGST deems that you fail to comply with your
obligations under this Agreement. Upon termination, you must immediately cease all use of the
Software, and destroy all copies of the Software.
13. TRANSFER
You may not assign or otherwise transfer, by operation of law or otherwise, this Agreement or the
Software.
14. OPEN SOURCE SOFTWARE
The Software licensed under this Agreement may include “Open Source” software (computer
software that is distributed under a licensing arrangement, which provides that the computer code
can be shared, viewed, and modified by the public). The restrictions of Section 1, 2, 13, and 14 of this
Agreement only apply to any applicable Open Source software when and to the extent that they do
not conflict with any terms of the Open Source software’s respective license(s).
15. SUPPORT
For questions regarding Software, please contact your HGST representative.
16. ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between the parties concerning the subject
matter hereof and supersedes all prior or contemporaneous oral or written understandings.
17. GOVERNING LAW; EXCLUSIVE VENUE FOR LITIGATION
This Agreement, and any dispute arising from or relating to this Agreement or the provision or use
of the Software, shall be governed exclusively by, and construed in accordance with the laws of the
United States and the State of California, without reference to any conflict of laws principles. The
exclusive forum for any disputes arising out of or relating to this Agreement or the provision or use
of the Service shall be an appropriate federal or state court located in Orange County, California and