Virident FlashMAX II User’s Guide - Version 3.1.1 - iv -
If You purchased the copy of the Program(s) covered by
this Agreement as a consumer, the exclusions and
limitations contained in this Agreement do not affect any
statutory rights to which You are entitled and which may
not by law be excluded or limited.
10. Certain Applications
Virident’s Products are not designed and not warranted to
be suitable for use in military applications and/or military
environments, life support applications or other critical
applications which may involve potential risk of death,
personal injury or severe property or environmental
damage Use of Products in such applications is fully at the
risk of Buyer.
11. U.S. Government License Rights
If You are an entity of the United States Government you
receive the Programs with restricted rights. In no event
shall the Government acquire greater than
RESTRICTED/LIMITED RIGHTS. At a minimum, use,
duplication, or disclosure by the Government is subject to
restrictions as set forth in FAR §52.227-14 Alternates I, II
and III (JUN 1987); FAR §52.227-19 (JUN 1987) and/or FAR
§12.211/12.212 (Commercial Technical Data/Computer
Software); and DFARS §252.227-7015 (NOV 1995)
(Technical Data) and/or DFARS §227.7202 (Computer
Software) as applicable. If Products are sold under a US
Government contract, Virident rejects provisions or clauses
required to be passed on to sellers pursuant to such
contract and such provisions or clauses shall not be
deemed to be binding on Virident unless accepted in
writing by an authorized representative.
12. Miscellaneous
A. Export Control: Virident's obligation to provide the
Products, documentation, or any media in which any of the
foregoing is contained, as well as any other technical
assistance shall be subject in all respects to such United
States laws and regulations as shall form time to time
governing the license and delivery of technology and
products abroad by persons subject to the jurisdiction of
the United States, including the Export Administration Act
of 1979, as amended, any successors or legislation, and the
Export Administration Regulations and other United States
laws and regulations governing exports in effect from time
to time.
B. Governing Law and Jurisdiction: This Agreement is
deemed to have been entered into in the State of
California, and its interpretation, construction, and the
remedies for its enforcement or breach are to be applied
pursuant to and in accordance with the laws of the State of
California, excluding its conflict of law provisions. The UN
Convention on the International Sale of Goods does not
apply to this Agreement. The parties agree that in the
event any action, suit or proceeding is brought by either
party to enforce this Agreement, then such action, suit or
proceeding may be brought only in a United States District
Court for the Northern District of California, or, if that court
does not have or elect to exercise its jurisdiction, then in
the appropriate state court in the State of California,
county of Santa Clara.
C. Contingency: Virident is not liable, either wholly or in
part, for nonperformance or a delay in performance due to
force majeure or contingencies or causes beyond the
reasonable control of Virident, including but not limited to,
shortage of labor, fuel, raw material or machinery or
technical or yield failure where Virident has exercised
ordinary care in the prevention thereof. Production and
deliveries may be allocated by Virident in a reasonable
manner in the event of shortage of goods.
D. Partial Invalidity: If any provision of this Agreement is
held to be invalid or unenforceable, the remainder of this
Agreement shall continue in full force and effect so long as
neither party is denied material economic benefit
hereunder and will be interpreted to reflect the original
intent of the parties.
E. Waiver. A waiver by Virident of any term or condition of
this Agreement in any instance shall not be deemed or
construed to be a future waiver of such term or condition.
F. Construction; Language. As used in this Agreement, the
words "include" and "including" and variations thereof, will
not be deemed to be terms of limitation, but rather will be
deemed to be followed by the words "without limitation."
The headings in this Agreement will not be referred to in
connection with the construction or interpretation of this
Agreement. This Agreement is in the English language
only, which language shall be controlling in all respects,
and all notices under this Agreement shall be in the English
language.
