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Allocation of risks, Controlling law and severability – ProSoft Technology MVI71-MCM User Manual

Page 107

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Support, Service & Warranty

MVI71-MCM ♦ PLC Platform

Modbus Communication Module

ProSoft Technology, Inc.

Page 107 of 111

December 28, 2007

6.5.10 Allocation of risks

This Warranty allocates the risk of product failure between ProSoft and the
Customer. This allocation is recognized by both parties and is reflected in the
price of the goods. The Customer acknowledges that it has read this Warranty,
understands it, and is bound by its Terms.

6.5.11 Controlling Law and Severability

This Warranty shall be governed by and construed in accordance with the laws of
the United States and the domestic laws of the State of California, without
reference to its conflicts of law provisions. If for any reason a court of competent
jurisdiction finds any provisions of this Warranty, or a portion thereof, to be
unenforceable, that provision shall be enforced to the maximum extent
permissible and the remainder of this Warranty shall remain in full force and
effect. Any cause of action with respect to the Product or Services must be
instituted in a court of competent jurisdiction in the State of California.