UTStarcom SideKick 3 Reference Manual page 79

12. Applicable Law and Jurisdiction.
Software will be governed by the laws of the State of California, without giving effect to any principles of conflicts
of laws that would require the application of the laws of a different state. You also consent to the exclusive jurisdic-
tion and venue of the Superior Court of Santa Clara County for state claims and the Northern District of California
for federal claims in all disputes arising out of or relating to the Software or the Service. The parties agree that
the Uniform Computer Information Transaction Act (or any statutory implementation of it) and the United Nations
Convention on the International Sale of Goods will not apply with respect to this Agreement or the parties' rela-
tionship.
13. General Provisions. You are responsible for compliance with applicable local laws. This Agreement is personal
to you, and you may not transfer, assign or delegate this Agreement to anyone without the express written permis-
sion of Danger. Any attempt by you to assign, transfer or delegate this Agreement without the express written
permission of Danger shall be null and void. The paragraph headings in this Agreement, shown in boldface type,
are included to help make the agreement easier to read and have no binding effect. The waiver of any breach or
default, or any delay in exercising any rights shall not constitute a waiver of any subsequent breach or default.
This Agreement constitutes the complete and exclusive agreement between you and Danger with respect to the
subject matter hereof, and supersedes all prior oral or written understandings, communications or agreements.
If for any reason a court of competent jurisdiction finds any provision of this Agreement, or portion thereof, to be
unenforceable, that provision of the Agreement will be enforced to the maximum extent permissible so as to effect
the intent of the parties, and the remainder of this Agreement will continue in full force and effect.
You agree that this Agreement and all matters relating to the Service and the
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