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A P P E N D I X D Intel ® NetStructure™ 7190 Multi-Site Traffic Director User Guide
176
19. Copyrights; Trade Secrets: End User acknowledges and agrees that the
structure, sequence and organization of the software (including but not
limited to any images, photographs, animations, video, audio, music,
and text) are the valuable trade secrets of Intel and its suppliers. End
User agrees to hold such trade secrets in confidence. End User further
acknowledges and agrees that ownership of, and Intel and its suppliers
hold title to, the Product, its copyrights and patents and all subsequent
copies thereof regardless of the form or media. End User may not
remove from the Product, or alter, any of the trademarks, trade names,
logos, patent or copyright notices or making, or add any other notices or
marking to the Product.
20. Governing Law: The rights and obligations of the parties hereunder shall be
construed in accordance with, and all disputes hereunder shall be gov-
erned by, the laws of the State of California excluding conflict of law rules
and excluding the United Nations Convention on Contracts for the Inter-
national Sale of Goods. The Superior Court of San Diego County, Cali-
fornia and/or the United States District Court for the Southern District of
California shall have jurisdiction and venue over all disputes between the
parties.
21. Attorney’s Fees And Costs: In any legal action to enforce this Agreement,
or arising out of the sale or licensing of Products hereunder, the prevail-
ing party shall be awarded all court costs and reasonable attorney’s fees
incurred.
22. Force Majeure: Intel shall not be liable to End User for any alleged loss or
damage resulting from the delivery of the Products being delayed by acts
of End User, acts of civil or military authority, governmental priorities,
earthquake, fire, flood, epidemic, quarantine, energy crisis, strike, labor
trouble, war, riot, accident, shortage, delays in transportation, or any
other causes beyond Intel’s reasonable control.
23. Excusable Delay: Neither party shall be liable to the other for any alleged
loss or a damage resulting from a delay in performance resulting from a
cause beyond the reasonable control of the party whose performance is
delayed.
24. Choice Of Language. The original of this Agreement is in English and End
User waives any right to have it written in any other language.
25. Notices. Any notice regarding non-performance, breach, termination, or
renewal required or permitted to be given under this Agreement shall be
given in writing and shall be hand delivered or deposited, postage pre-
paid, registered or certified mail, in the United States or other country’s
mail, or sent by express delivery, addressed to End User or Intel, as the
case may be, at the addresses stated on the Order or at such other
address as shall be given by either one to the other in writing. All other
notices may be sent by regular mail or facsimile. All notices shall be
deemed given and received on the earlier of actual delivery or three (3)
days from the date of postmark.
26. No Assignment: End User may not transfer or assign the Product or this
Agreement to another party without the prior written consent of Intel.