User's Manual

Exalt Installation and Management Guide
EX-i Series GigE (FDD) Digital Microwave Radios
202675-008 124
2016-06-01
confidential information of similar importance, but not less than a reasonable degree of care, (ii)
not to make use of confidential information other than as contemplated by this Agreement, and
(iii) not to reproduce confidential information except as expressly authorized by this Agreement.
Purchaser's obligations with respect to confidentiality do not apply to information which: (i)
becomes generally available to the public other than as a result of unauthorized disclosure by
Purchaser, or (ii) was in Purchaser's possession prior to disclosure by Exalt.
9 MISCELLANEOUS
Exalt shall be excused from delay or failure in performance caused by anything beyond its
reasonable control, including, without limitation, acts of God or of any third party, government
action, compliance with laws or regulations, shortages, strikes, lockouts or industrial disputes, or
the unavailability of deliveries, supplies, or software. Purchaser shall not sell, transfer or assign
this Agreement without the prior written consent of Exalt. Any act in derogation of the foregoing
shall be null and void, and Purchaser will remain obligated under this Agreement. This Agreement
shall benefit and be binding upon the parties to this Agreement and their respective permitted
successors and assigns. The waiver or failure of either party to exercise in any respect any right
provided for in this Agreement shall not be deemed a waiver of any further right under this
Agreement. If any provision of this Agreement is held by a court of competent jurisdiction to be
contrary to law, the remaining provisions of this Agreement will remain in full force and effect.
This Agreement and any disputes arising out of, or in any way related to or connected with, this
Agreement, its termination or the relationship of the parties will be governed by and construed in
accordance with the laws of the State of California, excluding its conflict of laws principles and
excluding the United Nations Convention on Contracts for the International Sale of Goods. All
disputes arising out of, or in any way related to or connected with, with this Agreement, the
Products or Services shall be administered by the American Arbitration Association under its
commercial arbitration rules by a single arbitrator appointed in accordance with the rules. Both
parties consent that the arbitration shall take place in Santa Clara County, California. The award
rendered by the arbitrator shall be final and binding on the parties and judgment on the award may
be entered in any court having jurisdiction thereof. Any litigation relating to this Agreement or the
arbitration shall take place in the state courts of Santa Clara County or in the federal courts of the
Northern District of California. The foregoing notwithstanding, Exalt may obtain preliminary and/
or permanent injunctive relief in any court of competent jurisdiction worldwide to enforce the
terms of Sections 6, 7 and 8. Purchaser hereby consents and submits to the exclusive jurisdiction
and venue of these courts and agrees that process may be served in the manner provided or allowed
by California or federal law. In any action or proceeding to enforce rights under this Agreement,
the prevailing party shall be entitled to recover costs and attorneys' fees. If the party who initiates
the proceeding unilaterally dismisses it, the other party will be deemed the prevailing party. This
Agreement represents the complete agreement and understanding of the parties with respect to the
subject matter herein. This Agreement may be modified only through a written instrument signed
or otherwise agreed to by both parties.
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Part Number 203985
Revision 2.21, 11/6/2014
Exalt Confidential