Clear-Com HX System Frames - Manual (Page 186)

9.7 If you are acquiring the Software for an agency of the United States
Government, the provisions of Federal Acquisition Regulations Section 12.212 or
Department of Defense FAR Supplement Section 227.7202-3, as applicable, apply
to such acquisition.
10) Term and Termination. This Agreement and your right to use the Software will take
effect at the moment you click "I ACCEPT" or you install, access, or use the
Software and is effective until terminated as set forth below. This Agreement will
terminate automatically if you click "I REJECT." In addition, Clear-Com reserves
the right at any time and on reasonable grounds, which shall include, without
limitation, any reasonable belief of fraudulent or unlawful activity or actions or
omissions that violate any term or condition of this Agreement, to deny your 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.
179 Eclipse HX Upgrade Guide