Western Digital WD Arkeia R620 Installation and Configuration Guide - Manual (Page 34)

28 Arkeia Physical Appliance Installation and Configuration Guide
inure to the benefit of the parties, their successors and permitted assigns.
(l)
Neither party shall be in default or be liable for any delay, failure in
performance (excepting the obligation to pay) or interruption of service resulting
directly or indirectly from any cause beyond its reasonable control. (m) The
relationship between Licensor and Licensee is that of independent contractors
and neither Licensee nor its agents shall have any authority to bind Licensor in
any way. (n) If any dispute arises under this Agreement, the prevailing party
shall be reimbursed by the other party for any and all legal fees and costs
associated therewith. (o) If any Licensor professional services are being
provided, then such professional services are provided pursuant to the terms of
a separate Professional Services Agreement between Licensor and Licensee.
You acknowledge that such services are acquired independently of the Product
licensed hereunder, and that provision of such services is not essential to the
functionality of the Product. (p) The headings to the sections of this Agreement
are used for convenience only and shall have no substantive meaning.
(q)
Licensor may use your name in any customer reference list or in any press
release issued by Licensor regarding the licensing of the Product and/or provide
your name and the names of the Product licensed by you to third parties.
11. License Outside the United States of America
If Licensee is located outside the U.S., then the provisions of this Section
shall apply. (a) Les parties aux présentes confirment leur volonté que
cette convention de même que tous les documents y compris tout avis
qui s'y rattache, soient rédigés en langue anglaise. (translation: "The
parties confirm that this Agreement and all related documentation is and
will be in the English language.") (b) You are responsible for complying
with any local laws in its jurisdiction which might impact its right to
import, export or use the Product, and you represent that you have
complied with any regulations or registration procedures required by
applicable law to make this license enforceable.
Arkeia Software Inc.
1808 Aston Avenue
Suite 235
Carlsbad, California 92008
United States of America