Happiest Baby Snoo User Manual page 4

For U.S. Government End Users . The Product Software is a "commercial item," as that term is
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defined at 48 C.F.R. 2.101 (OCT 1995), and more specifically is "commercial computer software" and
"commercial computer software documentation," as such terms are used in 48 C.F.R. 12.212 (SEPT
1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (JUNE 1995), the
Product Software is provided to U.S. Government End Users only as a commercial end item and
with only those rights as are granted to all other customers pursuant to the terms and conditions
herein.
Export Compliance . The Product Software and related technology are subject to U.S. export control
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laws and may be subject to export or import regulations in other countries. You agree to strictly
comply with all such laws and regulations and acknowledge that you have the responsibility to
obtain authorization to export, re-export, or import the Product Software and related technology, as
may be required. You will indemnify and hold HBI harmless from any and all claims, losses, liabilities,
damages, fines, penalties, costs and expenses (including attorney's fees) arising from or relating to
any breach by you of your obligations under this section.
Governing Law; Venue . The courts in some countries will not apply California law to some types of
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disputes. If you reside in one of those countries, then where California law is excluded from applying,
your country's laws will apply to such disputes related to these terms. Otherwise, you agree that
this EULA, and any claim, dispute, action, cause of action, issue, or request for relief relating to
this EULA, will be governed by the laws of California, without giving effect to any conflicts of laws
principles that require the application of the laws of a different jurisdiction. Any action or proceed-
ing relating to this EULA must be brought in a federal or state court located in Los Angeles County,
California and each party irrevocably submits to the jurisdiction and venue of any such court in any
such claim or dispute, except that HBI may seek injunctive relief in any court having jurisdiction to
protect its intellectual property or Confidential Information.
Assignment . Neither the rights nor the obligations arising under this EULA are assignable by you,
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and any such attempted assignment shall be void and without effect.
Notices . Any notice to you may be provided by email to the address that you registered with HBI.
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Severability . If any provision of this EULA is unenforceable, such provision will be changed and
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interpreted to accomplish the objectives of such provision to the greatest extent possible under
applicable law and the remaining provisions will continue in full force and effect.
Waiver . All waivers by HBI will be effective only if in writing. Any waiver or failure by HBI to enforce
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any provision of this EULA on one occasion will not be deemed a waiver of any other provision or
of such provision on any other occasion.
18. General . The Product Software is deemed irrevocably accepted upon your use of the Product
Software or Product. HBI will have no responsibility to provide maintenance or support services
with respect to the Product Software. The parties are independent contractors. You acknowledge
that the Product Software contains valuable trade secrets and proprietary information of HBI, that
any actual or threatened breach of Section 2 (Restrictions) of this EULA will constitute immediate,
irreparable harm to HBI for which monetary damages would be an inadequate remedy, and that
injunctive relief is an appropriate remedy for such breach.
The headings of Sections of this EULA are for convenience and are not to be used in interpreting
this EULA. Except as otherwise provided in this section, no amendment to this EULA will be valid
unless it is in writing hand-signed by the parties.
Questions or Additional Information. If you have any questions regarding this EULA, please visit us
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at www.happiestbaby.com/customercare.
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END USER LICENSE CONT.