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Other issues – Clear-Com Eclipse-Omega User Manual

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Clear-Com

End User Software License

iv

9. OTHER ISSUES:

a. Any failure by Clear-Com to insist on its strict rights under this

Agreement shall not be deemed to be a waiver of those (or any
other rights) and only a duly executed written release shall
constitute such a waiver.

b. If any of these conditions is deemed invalid or unenforceable the

remainder shall be unaffected.

c. Clear-Com's dealings with you shall be governed by English law

if you are resident in the EMEA region and California law if you
are resident elsewhere. The federal and state courts of
California for Non-EMEA Customers and English Courts for
EMEA Customers shall have exclusive jurisdiction to adjudicate
any dispute arising out of this Agreement.

d. If any document is written in more than one language the

English text shall prevail.

e. Capitalized terms not defined herein shall have the meanings

set forth in Clear-Com Terms and Conditions, as amended from
time to time.

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