User's Manual

X2 and XR300 Series Notices and Regulatory Guide
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6. MISCELLANEOUS
If Customer is a corporation, partnership or similar entity, then the license to the Software and Documentation that
is granted under this Agreement is expressly conditioned upon and Customer represents and warrants to Licensor
that the person accepting the terms of this Agreement is authorized to bind such entity to the terms and conditions
herein. If any provision of this Agreement is held to be invalid or unenforceable, it will be enforced to the extent
permissible and the remainder of this Agreement will remain in full force and effect. During the course of use of
the Software, Licensor may collect information on your use thereof; you hereby authorize Licensor to use such
information to improve its products and services, and to disclose the same to third parties provided it does not
contain any personally identifiable information. The express waiver by either party of any provision, condition or
requirement of this Agreement does not constitute a waiver of any future obligation to comply with such
provision, condition or requirement. Customer and Licensor are independent parties. Customer may not export or
re-export the Software or Documentation (or other materials) without appropriate United States, European Union
and foreign government licenses or in violation of the United State's Export Administration Act or foreign
equivalents and Customer shall comply with all national and international laws governing the Software. This
Agreement will be governed by and construed under the laws of the State of California and the United States as
applied to agreements entered into and to be performed entirely within California, without regard to conflicts of
laws provisions thereof and the parties expressly exclude the application of the United Nations Convention on
Contracts for the International Sales of Goods and the Uniform Computer Information Transactions Act (as
promulgated by any State) to this Agreement. Suits or enforcement actions must be brought within, and each party
irrevocably commits to the exclusive jurisdiction of, the state and federal courts located in Ventura County,
California. Customer may not assign this Agreement by operation of law or otherwise, without the prior written
consent of Licensor and any attempted assignment in violation of the foregoing shall be null and void. This
Agreement cancels and supersedes all prior agreements between the parties. This Agreement may not be varied
except through a document agreed to and signed by both parties. Any printed terms and conditions contained in
any Customer purchase order or in any Licensor acknowledgment, invoice or other documentation relating to the
Software shall be deemed deleted and of no force or effect and any additional typed and/or written terms and
conditions contained shall be for administrative purposes only, i.e. to identify the types and quantities of Software
to be supplied, line item prices and total price, delivery schedule, and other similar ordering data, all in accordance
with the provisions of this Agreement.