566 COMfortel 2600 - Firmwareversion 1.2 - COMfortel Set V3.4 - Bedienung und Konfiguration V04 08/2013
Lizenzinformationen
Lizenzen
17. Severability. If any provision of this Agreement is declared invalid or unenforceable, such
provision shall be deemed modified to the extent necessary and possible to render it valid
and enforceable. In any event, the unenforceability or invalidity of any provision shall not
affect any other provision of this Agreement, and this Agreement shall continue in full force
and effect, and be construed and enforced, as if such provision had not been included, or
had been modified as above provided, as the case may be.
18. Arbitration. Except for actions to protect intellectual property rights and to enforce an arbit-
rator's decision hereunder, all disputes, controversies, or claims arising out of or relating to
this Agreement or a breach thereof shall be submitted to and finally resolved by arbitration
under the rules of the American Arbitration Association (“AAA”) then in effect. There shall
be one arbitrator, and such arbitrator shall be chosen by mutual agreement of the parties in
accordance with AAA rules. The arbitration shall take place in Granite Bay, California, and
may be conducted by telephone or online. The arbitrator shall apply the laws of the State of
California, USA to all issues in dispute. The controversy or claim shall be arbitrated on an
individual basis, and shall not be consolidated in any arbitration with any claim or contro-
versy of any other party. The findings of the arbitrator shall be final and binding on the
parties, and may be entered in any court of competent jurisdiction for enforcement. Enforce-
ments of any award or judgment shall be governed by the United Nations Convention on the
Recognition and Enforcement of Foreign Arbitral Awards. Should either party file an action
contrary to this provision, the other party may recover attorney's fees and costs up to
$1000.00.
19. Jurisdiction And Venue. The courts of Placer County in the State of California, USA and
the nearest U.S. District Court shall be the exclusive jurisdiction and venue for all legal
proceedings that are not arbitrated under this Agreement.
20. Independent Contractors. The relationship of the parties is that of independent contractor,
and nothing herein shall be construed to create a partnership, joint venture, franchise,
employment, or agency relationship between the parties. Licensee shall have no authority
to enter into agreements of any kind on behalf of CodeSourcery and shall not have the
power or authority to bind or obligate CodeSourcery in any manner to any third party.
21. Force Majeure. Neither CodeSourcery nor Licensee shall be liable for damages for any
delay or failure of delivery arising out of causes beyond their reasonable control and without
their fault or negligence, including, but not limited to, Acts of God, acts of civil or military
authority, fires, riots, wars, embargoes, or communications failure.
22. Miscellaneous. This Agreement constitutes the entire understanding of the parties with
respect to the subject matter of this Agreement and merges all prior communications, repre-
sentations, and agreements. This Agreement may be modified only by a written agreement
signed by the parties. If any provision of this Agreement is held to be unenforceable for any
reason, such provision shall be reformed only to the extent necessary to make it enfor-
ceable. This Agreement shall be construed under the laws of the State of California, USA,
excluding rules regarding conflicts of law. The application of the United Nations Convention
of Contracts for the International Sale of Goods is expressly excluded. This license is written
in English, and English is its controlling language.
