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Seaward PATGuard 3 User Manual

Page 152

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PATGuard 3

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9.3

If you are a business customer, please note that any notice given by you to us, or by us to you, will

be deemed received and properly served immediately when posted on our website, 24 hours after

an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any

notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed,

stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the

specified e-mail address of the addressee.

10.

Events Outside Our Control

10.1

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our

obligations under this Licence that is caused by an Event Outside Our Control. An Event Outside

Our Control is defined below in clause 10.2.

10.2

An Event Outside Our Control means any act or event beyond our reasonable control, including

without limitation failure of public or private telecommunications networks.

10.3

If an Event Outside Our Control takes place that affects the performance of our obligations under

this Licence:

10.3.1 our obligations under this Licence will be suspended and the time for performance of our

obligations will be extended for the duration of the Event Outside Our Control; and

10.3.2 we will use our reasonable endeavours to find a solution by which our obligations under

this Licence may be performed despite the Event Outside Our Control.

11.

Other Important Terms

11.1

We may transfer our rights and obligations under this Licence to another organisation, but this will

not affect your rights or our obligations under this Licence.

11.2

You may only transfer your rights or your obligations under this Licence to another person if we

agree in writing.

11.3

If you are a business customer, this Licence and any document expressly referred to in it

constitutes the entire agreement between you and us. You acknowledge that you have not relied

on any statement, promise or representation made or given by or on behalf of us which is not set

out in this Licence or any document expressly referred to in it.

11.4

If we fail to insist that you perform any of your obligations under this Licence, or if we do not

enforce our rights against you, or if we delay in doing so, that will not mean that we have waived

our rights against you and will not mean that you do not have to comply with those obligations. If