Clear-Com HX System Frames - Manual (Page 18)

access to the Software or to any portion thereof in order to protect its name and
goodwill, its business, or other authorized users, and this Agreement will also
terminate automatically if you fail to comply with this Agreement, subject to the
survival rights of certain provisions identified below. Termination will be effective
without notice. You may also terminate this Agreement at any time by ceasing to
use the Software, but all applicable provisions of this Agreement will survive
termination, as identified below. Upon termination, you must destroy all copies of
any aspect of the Software in your possession. In addition to the miscellaneous
section below, the provisions concerning Clear-Com’s proprietary rights,
feedback, indemnity, disclaimers of warranty, limitation of liability, and governing
law will survive the termination of this Agreement for any reason.
11) 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.
18 Eclipse EHX Software User Guide