Comtech EF Data turboIP-45 User Manual
Page 106
turboIP-45
Performance Enhancement Proxy
Revision 0
End User License Agreement
CD/TURBOIP45.IOM
8–4
9. Termination
This EULA is effective for so long as you own and operate the CEFD turboIP-45, modem or other
hardware product which SkipWare accompanies. You may terminate this EULA at any time by
destroying or returning to GPI all copies of SkipWare in your possession or under your control. GPI
may terminate this EULA for any reason, including, but not limited to, if GPI finds that you have
violated any of the terms or conditions of this EULA, including upgrading this software from a source
other than CEFD or GPI. Upon receiving notification of termination by GPI, you agree to return to GPI
all copies of SkipWare and to certify in writing that all known copies, including backup copies, have
been destroyed. All provisions relating to confidentiality, proprietary rights, and non-disclosure shall
survive the termination of this Skipware EULA, and termination will in no event affect any liability or
obligation which arose prior thereto.
10. Notice
All notices to CEFD shall be in writing and shall be made either via e-mail or conventional mail.
Notices to CEFD must be sent to the attention of Customer Service at
,
if by e-mail, or at Comtech EF Data Corporation, 2114 West 7th Street, Tempe, AZ 85821 USA if by
conventional mail. Notices to you may be sent either to the e-mail address, or to the conventional mail
address, if supplied to GPI or posted as a notice on our Web site located at
www.comtechefdata.com
.
Any notices or communication under this EULA will be deemed delivered to the party receiving such
communication (i) two business days after deposit with a commercial overnight carrier, with written
verification of receipt; (ii) five business days after the mailing date, if sent by conventional US mail,
return receipt requested; or (iii) on the delivery date if transmitted by confirmed e-mail.
11. Gesneral
This EULA shall be construed, interpreted and governed by the laws of the State of Maryland without
regard to conflicts of law provisions thereof. Notwithstanding, the parties agree that none of the
provisions in this EULA will be governed by the Uniform Computer Information Transactions Act
("UCITA") as enacted by the State of Maryland or any other jurisdiction. The exclusive forum for any
disputes arising out of or relating to this EULA shall be an appropriate state court sitting in Montgomery
County, Maryland, or a federal court sitting in the State of Maryland, USA. You may not transfer or
assign this EULA or any of your rights or obligations hereunder to any third party. Any waiver or
modification of this EULA shall only be effective if it is in writing and signed by both parties hereto. If
any part of this EULA is held invalid or unenforceable, that portion shall be construed in a manner
consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and
the remaining portions shall remain in full force and effect. This EULA shall constitute the entire
Agreement between the parties hereto.