Installation Manual

Exalt Installation and Management Guide
ExtendAir eMIMO Series Digital Microwave Radios
93 208363-001
2013-05-01
of Exalt, which confidential information includes the Software. Purchaser agrees: (i) to hold the
confidential information in confidence using the same degree of care that it uses to protect its own
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
You 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 You 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 related to, 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 in connection 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 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. 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.
Rev 4-6-2012PT