Philips HMP5000, Руководство пользователя

Страница: 67 / 73

to comply strictly with all such laws and regulations and acknowledges that it has the
responsibility to obtain such licenses to export, re-export, or import as may be required
after delivery to Licensee. Licensee shall indemnify, defend and hold MIPS harmless from
any damages, fees, costs, fines, expenses, charges and any actual or threatened civil and/
or criminal claims or defenses arising from any failure of Licensee and/or its customers to
comply with any obligations arising under this Section 14(a).
(b) Any notice required or permitted by this Agreement must be in writing and must
be sent by email, by facsimile, by recognized commercial overnight courier, or mailed by
United States registered mail, effective only upon receipt, to the legal departments of
MIPS or Licensee (if Licensee has no legal department, then to an officer of Licensee, a
contact person specified by Licensee or Licensee’s place of business).
(c) The headings contained herein are for the convenience of reference only and are
not intended to define, limit, expand or describe the scope or intent of any clause or
provision of this Agreement.
(d) The parties hereto are independent contractors, and nothing herein shall be
construed to create an agency, joint venture, partnership or other form of business
association between the parties hereto.
(e) Licensee acknowledges that, in providing Licensee with the MIPS Deliverables, MIPS
has relied upon Licensee’s agreement to be bound by the terms of this Agreement.
Licensee further acknowledges that it has read, understood, and agreed to be bound by
the terms of this Agreement, and hereby reaffirms its acceptance of those terms.
15. GOVERNING LAW AND JURISDICTION
This Agreement shall be governed by the laws of the State of California, excluding
California’s choice of law rules. With the exception of MIPS’ rights to enforce its
intellectual property rights in the MIPS Deliverables, all disputes arising out of this
Agreement shall be subject to the exclusive jurisdiction and venue of the state and
federal courts located in Santa Clara County, California, and the parties consent to the
personal and exclusive jurisdiction and venue of these courts. The parties expressly
disclaim the application of the United Nations Convention on the International Sale of
Goods to this Agreement.
16. ENTIRE AGREEMENT
This Agreement and the GNU GPL constitute the entire agreement between MIPS
and Licensee regarding the MIPS Deliverables and GPL Materials provided to Licensee
hereunder, and shall supersede and control over any other prior or contemporaneous
shrinkwrap and/or clickwrap agreements regarding the same. Any additions or
modifications must be made in a subsequent, written agreement signed by both parties.
9. Boost crc.php
Boost Software License - Version 1.0 - August 17th, 2003
Permission is hereby granted, free of charge, to any person or organization obtaining
a copy of the software and accompanying documentation covered by this license (the
“Software”) to use, reproduce, display, distribute, execute, and transmit the Software,