User guide

Beamz® User Manual
36
services provided or to be provided under or in connection with this License.
9. Representations and Warranties. You represent and warrant to Beamz that: (a) You are a
natural person; (b) You have read this License in its entirety; (c) You have the full right and authority to enter
into and abide by the terms and conditions of this License in its entirety; (d) and You voluntarily accept and
agree to the terms and conditions of this License in its entirety.
10. Miscellaneous.
10.1 No Assignment or Delegation. You shall not assign, delegate or otherwise transfer any of
Your rights or obligations under this Agreement without Beamz’s prior written consent. Any
purported transfer without such prior written consent shall be void. Beamz shall have the
unencumbered and unlimited right to freely assign, delegate and otherwise transfer any of its rights and
obligations under this Agreement.
10.2 Waiver of Rights. A party’s delay or failure to exercise a right or remedy available
hereunder shall not constitute a waiver of such right or remedy. Any waiver of any rights or remedies
of Beamz must be in a writing signed by Beamz.
10.3 Headings. Headings are inserted for reference and convenience only and in no way define,
limit or describe the scope or intent of this License.
10.4 Governing Law. This License shall be governed, interpreted and enforced in accordance
with the laws of the State of Arizona and applicable federal law of the United States, regardless of the
place of its execution or performance and any conflicts of law analysis. For the avoidance of any
doubt, The United Nations Convention on Contracts for the International Sale of Goods shall not
apply to this License. The parties irrevocably agree, consent and otherwise submit to the exclusive
jurisdiction of a court of appropriate jurisdiction located in Maricopa County, Arizona for the
adjudication of any dispute, controversy or claim arising from or in connection with this License.
10.5 Severability. If any term or condition of this License is held invalid or unenforceable by a
court of appropriate jurisdiction, then said term or condition shall be fully severed from this License
and the remaining terms and conditions shall not be affected.
10.6 Modification. No modification, amendment, release or waiver of this License, in whole or in
part, by You shall be valid unless it is in writing and signed by both parties. Beamz, and only Beamz,
shall have the right to modify, amend, release or waive this License, in whole or in part, without Your
prior written consent; provided, however, that Beamz notifies You of any such modification,
amendment, release or waiver, and that any such modification, amendment, release or waiver shall not
apply to any dispute of which You and Beamz had actual notice of on or before the date of such
modification, amendment, release or waiver.
10.7 Entire Agreement. This License sets forth the entire agreement understanding between the
parties and supersedes all prior agreements, if any, made between the parties (orally or in writing)
relative to the subject matter of this License. This License shall inure to the benefit of and be binding
upon the parties and their respective affiliates, successors and assigns.