Clear-Com HX System Frames - Manual (Page 185)

WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE,
EVEN IF CLEAR-COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR
INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY.
NOTWITHSTANDING THE FOREGOING, TOTAL LIABILITY OF CLEAR-COM
FOR ANY REASON WHATSOEVER RELATED TO USE OF THE SOFTWARE
SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO CLEAR-COM TO
PURCHASE THE SOFTWARE.
8) Indemnity. You agree to protect, defend, indemnify, and hold harmless Clear-Com
and its affiliates and all of their respective employees, agents, directors, officers,
shareholders, attorneys, successors, and assigns from and against any and all
claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses
(including reasonable attorneys’ fees and litigation expenses) relating to or arising
from any breach by you of this Agreement.
9) Legal Matters.
9.1 If you are resident or domiciled anywhere other than Europe, the Middle East
or Africa, this Agreement will be construed and enforced solely in accordance with
the laws of the State of California, U.S.A., and courts in California shall have
exclusive subject matter jurisdiction, personal jurisdiction, and venue to adjudicate
any dispute arising out of this Agreement.
9.2 If you are resident or domiciled in Europe, the Middle East or Africa (the
“EMEA”), this Agreement will be construed and enforced solely in accordance with
English law and English Courts shall have exclusive subject matter jurisdiction,
personal jurisdiction and venue to adjudicate any dispute arising out of this
Agreement.
9.3 You agree to waive any right to a jury trial in connection with any action or
litigation in any way arising out of or related to this Agreement and acknowledge
that either party may seek attorney's fees in any proceeding. Any claim you might
have against Clear-Com must be brought within two (2) years after the cause of
action arises, or such claim or cause of action will be barred. You also
acknowledge and agree that any applicable state law implementation of the Uniform
Computer Information Transactions Act (including any available remedies or laws)
shall not apply to this Agreement and is hereby disclaimed.
9.4 Clear-Com makes no representation that the Software is appropriate or
available for use in locations outside the State of California or the EMEA and
access to or use of the Software from states, territories, or nations where any
aspect of the Software is illegal is prohibited. You access or use the Software on
your own volition and are responsible for compliance with all applicable local laws
with respect to your access and use of the Software.
9.5 A printed version of this Agreement and of any related notice given in
electronic form shall be admissible in judicial or administrative proceedings based
upon or relating to this Agreement to the same extent and subject to the same
conditions as other business documents and records originally generated and
maintained in printed form.
9.6 Clear-Com has no obligation to provide free updates to or upgrades of the
Software or to provide support of any kind with respect to the Software.
178 Eclipse HX Upgrade Guide