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Page 11 of 17 Iridium AxcessPoint Connect User Manual
11. Miscellaneous. This Agreement constitutes the entire agreement between the parties concerning
the subject-­‐matter hereof. This Agreement may be amended only by a written document signed by
both parties. Except to the extent applicable law, if any, requires otherwise, this Agreement shall be
governed by the laws of U.S.A, excluding its conflict of law provisions. Unless otherwise agreed in
writing, all disputes relating to this Agreement (excepting any dispute relating to intellectual property
rights) shall be subject to final and binding arbitration in the U.S.A., under the auspices of an
arbitrator mutually agreed upon by the Licensee and the Licensor and failing which a court appointed
arbitrator, with the losing party paying all costs of arbitration. This Agreement shall not be governed
by the United Nations Convention on Contracts for the International Sale of Goods. If any provision in
this Agreement should be held illegal or unenforceable by a court having jurisdiction, such provision
shall be modified to the extent necessary to render it enforceable without losing its intent, or severed
from this Agreement if no such modification is possible, and other provisions of this Agreement shall
remain in full force and effect. Licensee acknowledges that it has consented to and requested that
this Agreement be drawn up in the English language only. A waiver by either party of any term or
condition of this Agreement or any breach thereof, in any one instance, shall not waive such term or
condition or any subsequent breach thereof. The provisions of this Agreement which require or
contemplate performance after the expiration or termination of this Agreement shall be enforceable
notwithstanding said expiration or termination. Licensee may not assign or otherwise transfer by
operation of law or otherwise this Agreement or any rights or obligations herein except in the case of
a merger or the sale of all or substantially all of Licensee's assets to another entity. This Agreement
shall be binding on and shall enure to the benefit of the parties, their successors and permitted
assigns. Neither party shall be in default or be liable for any delay, failure in performance (excepting
the obligation to pay) or interruption of service resulting directly or indirectly from any cause beyond
its reasonable control. The relationship between Licensor and Licensee is that of independent
contractors and neither Licensee nor its agents shall have any authority to bind Licensor in any way. If
any dispute arises under this Agreement, the prevailing party shall be reimbursed by the other party
for any and all legal fees and costs associated therewith. If any Licensor professional services are
being provided, then such professional services are provided pursuant to the terms of a separate
Professional Services Agreement between Licensor and Licensee. The parties acknowledge that such
services are acquired independently of the Product licensed hereunder, and that provision of such
services is not essential to the functionality of such Product. The headings to the sections of this
Agreement are used for convenience only and shall have no substantive meaning. Licensor may use
Licensee's name in any customer reference list or in any press release issued by Licensor regarding
the licensing of the Product and/or provide Licensee's name and the names of the Product licensed by
Licensee to third parties.
Iridium AxcessPoint Connect End User License Agreement
THIS END-­‐USER LICENSE AGREEMENT (“EULA”) IS A LEGAL AGREEMENT BETWEEN YOU AND IRIDIUM
SATELLITE LLC (“IRIDIUM” OR “LICENSOR”). PLEASE READ THE TERMS AND CONDITIONS OF THIS
LICENSE AGREEMENT CAREFULLY BEFORE CONTINUING WITH THIS PROGRAM INSTALL. THE TERMS
OF THIS EULA APPLY TO THE PROGRAM DOWNLOADED TO THE END-­‐USER UPON ACCEPTANCE OF
THIS EULA (THE “PRODUCT”).
BY CLICKING THE ACCEPTANCE BUTTON OR INSTALLING OR USING THE PRODUCT, THE END-­‐USER
INDIVIDUAL OR ENTITY LICENSING THE PRODUCT (“LICENSEE”) IS CONSENTING TO BE BOUND BY AND
IS BECOMING PARTY TO THIS AGREEMENT. IF LICENSEE DOES NOT AGREE TO ALL OF THE TERMS OF
THIS AGREEMENT, THE BUTTON INDICATING NON-­‐ACCEPTANCE MUST BE SELECTED, AND LICENSEE
MUST NOT INSTALL OR USE THE SOFTWARE.
1. Grant of License. Licensor grants to Licensee the non-­‐exclusive right to install and use copies of the
Product on Licensee’s electronic device running a validly licensed copy of the operating system for