Tailwind iQ3 User Manual page 18

9. CHOICE OF LAW AND VENUE. This Agreement shall be governed by the laws of the Province of Ontario and of Canada, without
regard to any conflict of laws provisions, except that the United Nations Convention on the International Sale of Goods shall not apply.
User hereby consents to the exclusive jurisdiction of the Superior Court of Justice in Toronto, Ontario Canada, and that court shall be the
exclusive forum for any dispute arising out of this Agreement or the performance of the obligations hereunder.
10. COUNTERPARTS AND FACSIMILE SIGNATURE. This Agreement may be executed in counterparts, each of which shall be deemed
an original and all of which shall constitute one and the same instrument. The Parties may exchange signature pages by facsimile and
such signatures shall be effective to bind the Parties.
11. COMPLETE AGREEMENT. This Agreement along with any addendum's constitute the entire agreement between the Parties and
supersedes all prior or contemporaneous communications, agreements and understandings, written or oral, with respect to the sub-
ject matter hereof including without limitation the terms of any party or any purchase order issued in connection with this Agreement.
If any provision of this Agreement is held to be unenforceable, that shall not affect the enforceability of the remaining provisions. This
Agreement shall not be amended or modified except in a writing signed by authorized representatives of each party.
12. Severability. It is intended that all provisions of this Agreement are fully binding and effective between the parties, but in the
event that any particular provision or provisions or a part of one is found to be void, voidable or unenforceable for any reason whatsoev-
er, then the particular provision or provisions are deemed severed from the remainder of this Agreement and all other provisions remain
in full force and effect.
13. Term and Termination. This Agreement is effective until terminated by User or Tailwind. User's rights under this Agreement shall
terminate immediately upon breach of the Agreement by User. In the event that Tailwind becomes aware of any claim, lawsuit, action,
allegation, proceeding or suit against Tailwind, or any of their business partners, affiliates, employees or contractors in respect of the
Software and content provided in respect of the Software, Tailwind shall have the right, at its sole discretion, to either: a) terminate this
Agreement and return the license fee to User; or b) provide User with replacement Software that is non-infringing. User agrees, upon
termination, to destroy the Software and accompanying written materials, together with all copies of the Software.
14. Export Licensing Notification. The products delivered hereunder are subject to the export licensing regulations of the Republic
of Canada. User will comply with such regulations in its use of the Software. User is solely responsible for obtaining any and all required
government authorizations, including without limitation, any export or import licenses and foreign exchange permits.
15. Miscellaneous. If any part of this EULA is found invalid, such invalidity will not affect the validity of remaining portions of this EULA,
and the parties will promptly substitute for the invalid provision a provision that most closely approximates the intent and economic
effect of the invalid provision. Failure by a party to complain of any act or failure to act of the other party or to declare the other party in
default, irrespective of the duration of such default, will not constitute a waiver of rights hereunder. This EULA will be interpreted solely
in the English language, and no translation into any foreign language will have any effect.
"Made for iPod" and "Made for iPhone" mean that an electronic accessory has been de-
signed to connect specifically to iPod or iPhone respectively, and has been certified by
the developer to meet Apple performance standards. Apple is not responsible for the op-
eration of this device or its compliance with safety and regulatory standards. Please note
that the use of this accessory with iPod or iPhone may affect wireless performance.
Apple, iPhone, and iPod touch are trademarks of Apple Inc., registered in the U.S. and
other countries.
The Bluetooth ® word mark and logos are registered trademarks owned by Bluetooth
SIG, Inc. and any use of such marks by Tailwind. is under license. Other trademarks and
trade names are those of their
respective owners. WiFi® is a registered trademark of WiFi Alliance.
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TAILWIND iQ3 USER MANUAL